In Monique Da Silva Moore v. Publicis Groupe & MSL Group, Case No. 11-cv-01279 (S.D.N.Y. Feb. 24, 2012), U.S. Magistrate Judge Andrew J. Peck for the U.S. District Court for the Southern District of New York endorsed the use of predictive coding to locate electronically stored information in a document-intensive, employment discrimination case involving 3 million emails. This is the first case to date that endorses a protocol for the use of predictive coding to locate documents relevant to litigation in ESI.
Predictive coding has many benefits — it is cost-effective and can cut review time down to a few weeks. In contrast, manual review and keyword searches can cost up to $8.50 per document.[FOOTNOTE 1] In document-intensive cases, the costs can add up to millions of dollars and take many months to complete. Even more troubling, keyword searches can leave up to 80 percent of relevant ESI undiscovered.[FOOTNOTE 2] Predictive coding reduces the number of documents that need to be manually reviewed, which results in a significant reduction of e-discovery costs.
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