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Article extract from Bloomberg BNA by Christopher GallagherTechnology-assisted review will finally gain mass adoption, sort of.
Expect a significant number of individuals and organizations successfully using computer-assisted review and/or predictive coding to realize the following elements: it’s not that intimidating, it’s not only for monstrous data sizes, and it can help the review of even the most modest datasets move quicker with significantly less errors. A last-minute addition to the proposed Committee Note to Rule 26 of the Federal Rules of Civil Procedure, (FRCP) endorses the use of “computer-based methods of searching.” The addition “encourage[s] courts and parties to consider computer-assisted searches” as means of reducing the cost of producing Electronically Stored Information (ESI) thereby addressing “possible proportionality concerns that might arise in ESI-intensive cases.”