Civil Litigation
May 5, 2012
eDiscovery: 'Bad hair day’ for predictive coding opponents
Predictive coding is picking up support in a few jurisdictions.
A. Marco Turk
Emeritus Professor, CSU Dominguez Hills
Email: amarcoturk.commentary@gmail.com
A. Marco Turk is a contributing writer, professor emeritus and former director of the Negotiation, Conflict Resolution and Peacebuilding program at CSU Dominguez Hills, and currently adjunct professor of law, Straus Institute for Dispute Resolution, Pepperdine University Caruso School of Law.
Setting the stage. In two earlier columns (March 16 and April 6), I discussed Da Silva Moore v. Publicis Groupe, 11 Civ. 1279 (S.D.N.Y. Apr. 26, 2012), concerning what has been referred to as the "ground breaking" entry of "predictive coding" (sometimes referred to as computer assisted searches adopting an electronically stored information, ESI, learning protocol to detect responsive information) on the eDiscovery stage. Da Silva Moore is the result of an innovativ...
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