Using predictive analytics technology, which includes data modeling and mining and machine learning, is often referred to as predictive coding or technology assisted review in the legal industry. Using predictive analytics has been increasing over the last five years, but it still hasn’t hit mainstream.

For the next five years, Magistrate Judge Peck, of the U.S. District Court for the Southern District of New York, predicted at the International Legal Technology Association’s educational conference in Nashville that “courts will likely say that TAR must be used instead of keywords. If a party wins and does not use TAR, its cost reimbursement could be declined because TAR is cheaper. The so-called gold standard of eyes on review of every document is not the gold standard by any means. Predictive coding, TAR, when done right, has a much better and much cheaper result than manual review, keywords or anything else.”

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