There have been two important decisions within the last month concerning courts’ acceptance of a new technology that may help reduce the costs associated with, and increase the efficiency of, processing and reviewing electronically stored information in e-discovery.
The technology, known as “predictive coding,” allows attorneys to select a sample set, or “seed set,” of relevant and irrelevant documents, which are then coded as the baseline for the automated collection and review of documents. Using the seed set, the computer is able to quite literally learn what the criteria for relevance and irrelevance are, and automatically review data based on that knowledge, thereby potentially eliminating a significant portion of the burden and costs associated with the process of having attorneys perform the initial first-tier review — the stage at which the majority of wasteful e-discovery costs are incurred.[FOOTNOTE 1]
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