The review process should incorporate quality-control and quality-assurance procedures to ensure a reasonable production consistent with the requirements of Federal Rule of Civil Procedure 26(g).
The fundamental question when TAR is used is whether the party using technology assisted review has found a sufficient number of responsive documents to meet its discovery obligations. Proving that TAR has attained a sufficient level of recall to justify stopping the review can be a difficult problem, particularly when richness is low. Special Master Maura Grossman, recently issued an Order crafting a new validation protocol In Re Broiler Chicken Antitrust Litigation, (Jan. 3, 2018), which is pending in the Northern District of Illinois. This validation method can work for reviews based on TAR 1.0, TAR 2.0 or even a simple linear review.
See copy of the orders below: