Molly Hurley Kellett, a Partner in Connell Foley's Commercial Litigation Group and member of the firm's E-Discovery Committee, authored the article "Muddy Waters: Navigating TAR Protocol," which was published in the recent E-Discovery and Complex Litigation special section of the New Jersey Law Journal.
As Molly writes, negotiation of electronically stored information (ESI) protocols is always a complicated process. Some counsel prefer to leave many details out of the protocol and others prefer to address every aspect of the ESI preservation, collection, review and production. Molly's article examines a December 2020 decision in the District of New Jersey that demonstrates the pitfalls of including requirements for the parties to disclose and agree to the use of technology assisted review (TAR) within the protocol, while at the same time highlighting the importance of an agreement on TAR methodology.
To read the full article, visit New Jersey Law Journal's website (subscription required) or see "Related Materials" below for a PDF copy.