The opinion is interesting because the Court recommended the use of TAR to reduce discovery costs and burden. The Court observed that “predictive coding is an automated method that credible sources say has been demonstrated to result in more accurate searches at a fraction of the cost of human reviewers.” Emphasis added.
The Court then asked the non-party opposing the discovery request (“PB”) to analyze “whether and to what extent predictive coding could reduce the burden and effort required to comply with the Subpoena”. The party entirely ignored the question and the Court inferred that “PB failed to address the subject because it would not have aided its argument”.
For this and other reasons, the Court rejected the burden argument.
Chevron Corp. v. Donziger, Case No. 11-Civ.-0691, 2013 WL 1087236 (S.D.N.Y. Mar. 15, 2013) can be downloaded (with credentials) at https://signin.lexisnexis.com