In the weeks since the affirmation of U.S. Magistrate Judge Andrew Peck’s predictive-coding order in the employment law case of da Silva Moore v. Publicis Groupe S.A., reactions from the litigation bar have been mostly cautious. The decision represents the dawn of a brave new world, the thinking goes, but also possibly the beginning of a slow process with potential for setbacks and detours.
Peck’s order, affirmed on April 25 by U.S. District Judge Andrew Carter in New York, allows the defendant to use computerized review software. Such software uses artificial intelligence to search for information relevant to the case a method advocates say is more accurate, and potentially faster and less expensive, than manual review or partially automated processes such as keyword search.
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