http://ow.ly/93Se8
An article by Sean Doherty posted on law.com on the LTN webpage. (Picture is of U.S. Magistrate Judges Peck, Grimm and Facciola...some of the leading voices regarding "Best Practices" for eDiscovery).
Predictive coding recommended in a federal opinion...Yes...it has happened. The article states, "In what appears to be the first federal case to adopt the use of automated coding, Peck, in Da Silva Moore v. Publicis Groupe et al., ordered the parties to adopt a protocol for e-discovery that includes the use of predictive coding..." A link to the opinion is provided in the article.
The article further states, "Paul Neale, CEO of DOAR Litigation Consulting and Gene Klimov, vice president of Discovery Consulting, advised the plaintiffs and the court on developing a protocol for e-discovery that used iterative sample sets of 2,399 documents from a corpus of 3 million documents (95% confidence level; plus or minus 2% variance). In effect, the parties will review from 15,000 to 20,000 documents to instruct Axcelerate on what documents are relevant in the litigation, which is no easy matter in class actions like Da Silva Moore or other cases that plead multiple issues of law and fact."
A further important comment is provided in the article as well, "Asked whether the e-discovery protocol will simply move the argument from determining keywords to determining relevance, Neale says "no," not if the technology works to the satisfaction of both parties and the court."
P.S. Stay tuned...this case will be one to watch, since it may become the "poster child" for technology assisted review a/k/a predictive coding.
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