Tuesday, May 29, 2012

Challenging Predictive Coding to Better Defend It



http://ow.ly/bdfA3

An article by Michael Roach posted on law.com on the LTN webpage.

This article provides some information from the Legal Tech West Conference of 2012, and looks at issues related to predictive coding technology.

The article states, "In a spirited and entertaining discussion, the speakers put to test predictive coding in electronic data discovery -- the process of taking a subset of a data collection, and having senior litigators mark certain documents as responsive or non-responsive and then the software "learns" from these decisions. They raised concerns not about the technology's viability, but about how the current controversies will affect its use in litigation. Key issues that arose included: 1) how industry and other promotional representations of the technology could negatively impact its widespread adoption, 2) potential fallout from the "computer-assisted coding" order from Magistrate Judge Andrew Peck of the U.S. District Court for the Southern District of New York in Monique da Silva Moore v. Publicis Groupe and MLS Group, and 3) musings on just who should be creating the seed sets used to "predict" which documents will be responsive".  Links are provided in the article to the referenced court orders.

In addition, the article goes on to provide some comments made by some of the thought leaders that were involved the Legal Tech West discussion in regard to the 3 topics set forth above..

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