eDiscovery Leaders Live: Michelle Six & Dan Raffle
Michelle is a partner in Kirkland’s New York office, leading the firm’s eDiscovery efforts. Dan is Associate Director Litigation Technology,
Michelle and Dan discussed the art of negotiating TAR agreements.
- [02:25] Setting TAR protocol goalposts.
- [03:32] Knowing the rules of the road.
- [04:03]TAR agreement pitfalls.
- [06:02] How to go in informed.
- [08:05] Figuring whether and when to use TAR at all.
- [09:15] TAR subject to protocols: Most often to cull documents.
- [09:43] TAR and search terms versus TAR or search terms.
- [13:55] Whether to bake target numbers into TAR protocols.
- [16:16] Ensuring lawyers don’t go rogue.
- [17:59] What freaks people out about TAR – and what to do about that
- [20:07] A higher standard for TAR?
- [22:37] Threading and privilege…and TAR.
- [28:10]Closing thoughts: the most important things you can do to successfully negotiate TAR agreements.
Key Quotes by Michelle Six & Dan Raffle
• Michelle: “The biggest pitfall, at least for me, is that there is no best practice or one way to do things.”
• Michelle: “Dan raised a really good point in that probably the first and most important thing to think about if you’re planning to negotiate a TAR protocol is where you need to use TAR…. I think TAR at its best is a process that can be utilized and leveraged to save on time, save on costs, to hopefully build a more efficient and accurate review….”
• Dan: “Before you burn time negotiating an order, make sure you know what you want to get and what the chances are of success.”
Connect with Michelle and Dan