Predictive Coding — Putting The Cart Before The Horse

Law360, New York (May 3, 2012, 1:32 PM EDT) -- Early April, in the opaque and overly austere federal courthouse in Chicago, Judge Nan Nolan conducted a second evidentiary hearing in the Kleen Products LLC case wherein one party (the plaintiff) would like the other to use a new form of e-discovery technology known variously as predictive coding, computer-assisted review and technology-assisted review.

The case specifically involves use of predictive coding in which users “train” the software used for review. Before discussing details of this technology, however, it’s critical to understand how it has become an...
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