UPDATE: Use of Predictive Coding for e-Discovery in Litigation

A lot has happened in the six months since our previous blog post on this topic; including a brief mention on 60 Minutes this past Sunday.

Although Da Silva Moore was the first case to endorse the use of predictive coding, a more recent federal case (re: Actos (Pioglitazone) Product Liability Litigation (W.D. La July 27, 2012) may eventually become the best example of how to actually implement and utilize predictive coding technology. Unlike Da Silva Moore, all parties in Actos mutually agreed on the terms and conditions of actually using this new technology.

If you’re thinking of trying it yourself and need to get up to speed quickly, you might want to read Recommind’s Predictive Coding for Dummies which explains the challenges of document review in eDiscovery, what makes it so vital to legal cases, and what you should look for in an eDiscovery solution.

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