Surprise Ruling by Delaware Judge Orders Both Sides To Use Predictive Coding

Artice by Ralph Losey

http://e-discoveryteam.com/2012/10/25/news-flash-surprise-ruling-by-delaware-judge-orders-both-sides-to-use-predictive-coding/







Vice Chancellor J. Travis Laster in Delaware Chancery Court has made e-discovery history, again, with a surprise bench order requiring both sides to use predictive coding and to use the same vendor. EOHB, Inc., et al v. HOL Holdings, LLC, C.A. No. 7409-VCL (Del. Ch. Oct. 15, 2012). This appears to be the first time a judge has required both sides of a dispute to use predictive coding when neither has asked for it. It may also be the first time a judge has ordered parties to use the same vendor.

According to the Wall Street Journal, Vice Chancellor Laster is well-known as a controversial judge for, as they put it, his surprising rulings, calling attorneys to the carpet, and, along the way, generally become the talk of the Delaware bar.

There is a new predictive coding case on the map that could have a big impact on the attitude of corporate America to predictive coding. Let’s hope this surprise intervention by a strong judge turns out well. Like Vice Chancellor J. Travis Laster, I too have drunk deeply of the predictive coding kool-aid. There is no doubt that if predictive coding is done properly, review can done at lower cost and greater effectiveness than with any other method. It all depends on how it is handled.

 

Stay tuned to see how this case goes!!!!!!!!!!!!