Predictive coding is an evolving technology that provides litigants an alternative to the time and cost of manual review of large document sets. While the use of predictive coding is promising to reduce document sets and the cost of review, the technology’s reliability and defensibility have yet to be determined by the courts. However, Magistrate Judge Andrew J. Peck of the U.S. District Court for the Southern District of New York is on the cusp of probing the reliability of predictive coding.
In what appears to be the first federal case to adopt the use of automated coding, Peck, in Da Silva Moore v. Publicis Groupe et al., ordered the parties to adopt a protocol for e-discovery that includes the use of predictive coding as implemented by Recommind’s Axcelerate product.
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