SDNY Recognizes Party Using TAR Not Required to Disclose Control Sets to Opposing Party

eDiscovery Client Alert

Wendy Butler Curtis, Chair of Orrick’s eDiscovery Working Group, and Dan Guerra co-authored a client alert analyzing Magistrate Judge Andrew J. Peck’s recent decision in Rio Tinto PLC v. Vale S.A., S.D.N.Y., No. 14 Civ. 3042 (RMB)(AJP) (March 2, 2015), which recognizes disclosure of non-responsive documents is not a per se requirement in cases where TAR is used.