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Elizabeth Sacksteder Helps Draft New Rule for New York Courts on Technology-Assisted Review

July 29, 2018

In her capacity as a member of the Commercial Division Advisory Council, litigation partner Elizabeth Sacksteder led an initiative to promulgate a new rule recently adopted by the New York State Supreme Court’s Commercial Division that provides new guidance on technology-assisted review. The Commercial Division Advisory Council proposed the rule to fill a perceived gap in guidance on the issue in the New York state courts. The new Rule 11-e(f) was adopted July 19 by Lawrence Marks, the state court system’s chief administrative judge, after a public comment period, and becomes effective October 1. Under the new rule, parties are encouraged to use the most efficient means, which may include technology-assisted review, including predictive coding, to review documents and electronically stored information.  The rule also encourages parties to consult with opposing parties throughout the disclosure process about the technology-assisted methods they intend to use. E-discovery counsel Ross Gotler assisted Elizabeth in conducting the research and drafting the memorandum to the chief administrative judge that led to the adoption of the new rule.

Elizabeth and Ross also co-authored an article explaining the new rule. The article, “NY Commercial Division Backs Technology-Assisted Review,” published on July 29 in Law360, discussed the impetus behind the rule and the potential impact of technology-assisted review on a party’s disclosure obligations. The new rule was also the subject of an article published July 20 in the New York Law Journal, which described the rule as “revolutionary” and a signal that the Commercial Division is a sophisticated, efficient forum for complex, high-stakes commercial litigation. 

» Read the Law360 article
» Read the New York Law Journal article

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