• Federal Judge Approves Predictive Coding Technology for e-Discovery
  • March 8, 2012 | Authors: Philip H. Cohen; Ryan F. Harsch
  • Law Firm: Greenberg Traurig, LLP - New York Office
  • In an eagerly anticipated decision, Magistrate Judge Andrew Peck of the Southern District of New York issued the first judicial opinion formally approving the use of “predictive coding” technology, which offers the promise of substantially reducing costs associated with exhaustive, human review of electronically stored information (ESI). Recognizing the Bar has been hesitant to embrace this technology, Judge Peck wrote: “What the Bar should take away from this Opinion is that computerassisted review is an available tool and should be seriously considered for use in large-data-volume cases where it may save the producing party (or both parties) significant amounts of legal fees in document review. Counsel no longer have to worry about being the “first” or “guinea pig” for judicial acceptance of computer assisted review ... [which] can now be considered judicially-approved for use in appropriate cases.”