A Dispatch From The Front Lines Of E-Discovery

Law360, New York (October 10, 2012, 12:50 PM EDT) -- “Predictive coding” is an increasingly popular tool in productions of electronically stored information. Predictive coding holds the promise of dramatically reducing the costs of discovery in cases involving large volumes of data. Moreover, there is evidence that predictive coding — when used properly and in the right circumstances — may be more reliable than the more expensive methods it replaces.

To date, there have been only two judicial decisions discussing the use of predictive coding: Da Silva Moore and Global Aerospace. I argued in opposition to...
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