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Relevant case: In a February 2012 advisory opinion in Da Silva Moore v. Publicis Groupe, Andrew Peck, U.S. Magistrate Judge for the Southern District of New York, undertook a fairly fact-specific analysis and became the first judge to approve the use of technology-assisted review, or predictive coding. The district court later upheld Peck's opinion.

It should be noted that the advisory opinions in Da Silva Moore wouldn't apply to cases in which a party challenges the results of a technology-assisted review after the fact. Still, parties seeking to use predictive coding may try to hang their hats on the case, says William Gont, a shareholder at McAndrews, Held & Malloy.

"Parties may assert that predictive coding has received court approval and that the algorithms and technology are just getting better, that not only is it more efficient, but it's also more reliable in finding responsive documents than the typical keyword search or manual review," Gont says.

Choice words: "Computer-assisted 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."

-U.S. Magistrate Judge Andrew Peck
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Title Annotation:Predictive Coding
Date:May 1, 2013
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