NY Courts Embrace Technology-Assisted Review

A new rule that explicitly encourages technology-assisted review in the Commercial Division of the New York state courts, the arm of the courts that handles major commercial cases. The intent of the new rule is to “steer parties away from expensive and time-consuming manual review of ESI and toward a greater reliance on machine learning and predictive coding,” says this post from e-discovery and compliance software provider Servient. Under the new rule, parties “are encouraged to use the most efficient means to review documents, including electronically stored information (“ESI”), that is consistent with the parties’ disclosure obligations under Article 31 of the CPLR and proportional to the needs of the case.”