Judge Peck Issues Order Addressing “Joint Predictive Coding Protocol” in Da Silva Moore eDiscovery Case

http://ow.ly/9gAhN

An article by Matthew Nelson posted on the e-Discovery 2.0 blog.

This article provides further commentary on an important development that took place last week, the ruling by U.S. Magistrate Judge Andrew J. Peck that enabled the parties involved to outline a protocol for the use of predictive coding in a specific case.

The article states, "Litigation attorneys were abuzz last week when a few breaking news stories erroneously reported that The Honorable Andrew J. Peck, United States Magistrate Judge for the Southern District of New York,ordered the parties in a gender discrimination case to use predictive coding technology during discovery. Despite early reports, the parties in the case (Da Silva Moore v. Publicis Group, et. al.) actually agreed to use predictive coding technology during discovery – apparently of their own accord. The case is still significant because predictive coding technology in eDiscovery is relatively new to the legal field, and many have been reluctant to embrace a new technological approach to document review due to, among other things, a lack of judicial guidance."

The article further describes the facts of the case, "Judge Peck ordered the parties to submit a Joint Protocol for eDiscovery to address eDiscovery generally and the use of predictive coding technology specifically.

The parties submitted their proposed protocol on February 22, 2012 and Judge Peck quickly reduced that submission to a stipulation and order. The stipulation and order certainly provides more clarity and insight into the process than the status conference transcript. However, reading the stipulation and order leaves little doubt that the devil is in the details – and there are a lot of details."  A link to the stipulation and order is provided in the article.