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Legal Tech: e-Discovery: Judge Says 'NO' to Party's Bid to Force Use of Predictive Coding
Predictive coding, the use of computer algorithms and machine learning as part of document review, has been billed as the next generation of technology in e-discovery. For years, e-discovery service providers — along with some jurists and e-discovery industry veterans — have sung its praises as, at minimum, a complement to the standard document review process, and possibly as a replacement for it.
In reality, there is no one-size-fits-all solution for managing e-discovery. In many situations, the use of advanced technology, perhaps even predictive coding, may enhance the speed, efficiency, and quality of review of electronically stored information (ESI). In many others, it will not. Questions loom as to when and how best to leverage advanced technology and, with respect to predictive coding, its cost, effectiveness, and level of acceptance by parties and judges.
Magistrate Judge Andrew Peck of the Southern District of New York, well-known as someone who not only accepts predictive coding, but also actively promotes its use, has become synonymous with the topic of predictive coding. His advocacy through articles, panel appearances, and decisions such as Da Silva Moore v. Publicis Groupe, 287 F.R.D. 182 (S.D.N.Y. 2012) and Rio Tinto PLC v. Vale S.A., 306 F.R.D. 125 (S.D.N.Y. 2015), has helped to convert many in the e-discovery industry from skeptics to believers with respect to the use of predictive coding. A true believer himself, Judge Peck has often urged parties to use predictive coding, which he calls “technology-assisted review” or TAR, whenever appropriate.
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