Validation is one of the more challenging parts of technology assisted review (TAR). The fundamental question is whether a party using TAR has found a sufficient number of responsive documents to meet its discovery obligations.

Special master Maura Grossman recently issued an order crafting a new validation protocol In Re Broiler Chicken Antitrust Litigation, which is currently pending in the Northern District of Illinois. While the order was issued in the context of what seems to be document intensive litigation, the validation method it offers is important because it could work for other matters, whether the review is based on TAR 1.0, TAR 2.0 or even a simple linear review...

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