New Case Law Alters Landscape of Predictive Coding

September 19, 2012Articles Daily Business Review

Predictive coding (aka technology assisted review) involves the use of e-discovery software that helps document reviewers "train" the software to identify relevant documents, using mathematical algorithms. The goal is to minimize the review and production of irrelevant data.

Predictive coding has been thrust to the forefront of e-discovery in recent months. Over objections, a federal court in New York and a state court in Virginia have approved the use of predictive coding for review and production of electronic documents in discovery. And a federal court in Illinois is holding hearings on whether the technology should be used to ensure the accuracy of the defendants' production of electronically stored information.