Technology-Assisted Review: An Emerging Electronic Discovery Trend

An experienced business executive, Keyvan Samini serves as the CFO of Pitchtime, Inc., a California-based company that offers innovative video services designed to build audiences and markets. Also a practicing attorney, Keyvan Samini served as the Judge Pro Tempore of the Orange County Superior Court for seven years and remains active in his professional community. He has presented several lectures before bar associations, including one titled “The Evolving Application of Technology in the Law: Electronic Discovery, Nuts to Bolts.”

Among the rising trends in electronic discovery, technology-assisted review (TAR) stands out as it continues to make significant strides both in the US and abroad. The Information Discovery Digest reports that certain US courts now allow the use of predictive coding-based discovery methods. With other courts, however, still refusing to accept TAR, the need for a more standardized view on TAR becomes more apparent.

Recent developments include a US District Court decision that a defendant cannot be compelled to employ TAR during proceedings despite the plaintiff’s demands. This sets a precedent that TAR-enabled discovery can only occur with the consent of both parties.

At the same time, pressure is rising within the US to follow international trends and allow the use of predictive coding in legal decisions. In the UK, for example, disputes between opposing parties on whether to use TAR or not are resolved by the courts themselves.