Court Mandated Technology-Assisted Review in E-Discovery: Changes In Proportionality, Cost-Shifting, and Spoliation
By Graham Streich
Burgeoning advanced technology-assisted review (TAR) methods challenge justifications for requesting parties’ burdens and litigant cooperation in e-discovery. Increasingly accurate and accessible TAR introduces novel issues in e-discovery, including determining the proportionality of discovery requests and managing information in spoliation cases. This Essay recommends reconsidering the judiciary’s role in e-discovery in light of new technology and argues that courts, particularly lower courts, need expert technical guidance to adequately address the issues e-discovery presents.