New Precedents Issued on Predictive Coding

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On April 25, 2012, United States District Judge Andrew Carter upheld Judge Peck’s February 2012 rulings in Da Silva Moore v. Publicis Groupe, specifically in regard to the use of predictive coding. Judge Peck’s February 24, 2012, decision was the first documented case to recognize predictive coding as an acceptable method of searching for electronically stored information. In upholding Judge Peck’s rulings, Judge Carter found the use of predictive coding proper because “the search methods will be carefully crafted and tested for quality assurance, with Plaintiffs participating in their implementation.” Opinion at 3. The judge found many of the plaintiffs’ arguments premature and made clear that it is too soon to conclude that the use of predictive coding would deny plaintiffs access to liberal discovery. Judge Carter aptly pointed out that “there simply is no review tool that guarantees perfection” but, in the case of Da Silva Moore, the court upheld the decision that predictive coding is the preferred method in this instance...

Predictive Coding Ordered by Virginia Court Over Plaintiffs’ Objections

On Monday, April 23, Loudoun County Virginia Judge James Chamblin ordered the use of predictive coding for the processing and production of electronically stored information, despite plaintiffs’ objections. Global Aerospace, Inc. v. Landow Aviation, LP (Consolidated Case No. CL 61040) appears to be the first case where predictive coding was ordered by the court absent the agreement of all parties.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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