Kilpatrick Townsend

Insights: Publications

A Game of Chicken? Setting Forth a Detailed TAR Review Protocol

KT LitSmart Blog

February 21, 2019

Technology assisted review, or TAR, “uses software that can be trained by a human being to distinguish between relevant and non-relevant documents.” Progressive Cas. Ins. Co. v. Delaney, No. 2:11-cv-00678-LRH-PAL, 2014 WL 3563467, at *8 (D. Nev. July 18, 2014). It “allows parties to prioritize and/or categorize documents for purposes of document review.” Winfield v. City of New York, No. 15-CV-05236 (LTS) (KHP), 2017 WL 5664852, at *4 (S.D.N.Y. Nov. 27, 2017). TAR works by having an experienced attorney or subject matter expert involved in the litigation prepare a “seed set” of responsive and non-responsive documents in order to “train the computer system how to distinguish between them.” Id.; Progressive, 2014 WL 3563467, at *8.