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In re Diisocyanates Antitrust Litigation

2021 WL 4295729 (2021)

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In re Diisocyanates Antitrust Litigation

United States District Court for the Western District of Pennsylvania
2021 WL 4295729 (2021)

SC

Facts

BASF Corporation and others (collectively, BASF) (defendants) were sued for violating antitrust laws. During discovery, the claimants (plaintiffs) filed a motion to compel BASF to use technology-assisted review (TAR) to find electronically stored information (ESI) that might be responsive to the claimants’ discovery requests. Generally, a party establishes a TAR review set by identifying custodians and using search terms to narrow the universe of documents subject to the review. Thereafter, a search is conducted using a TAR algorithm until the percentage of responsive documents reaches a certain threshold. The parties agreed that a 70–80 percent estimated recall figure would be acceptable. BASF opposed the motion and filed a motion for a protective order. BASF proposed a TAR methodology that limited its validation protocol to the TAR review set. In other words, BASF proposed to calculate the estimated recall percentage based on the narrowed TAR review set and not on the full universe of potentially responsive documents. The claimants proposed a complex methodology that would result in searches until BASF reasonably believed it had produced substantially all responsive documents. The court appointed an e-discovery special master to submit a recommendation on the motions.

Rule of Law

Issue

Holding and Reasoning (Francis, Special Master)

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