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Legal Tech: e-Discovery: Judge Says ‘NO’ to Party’s Bid to Force Use of Predictive Coding

Would Judge Peck’s admiration and advocacy for predictive coding lead him, upon a request by the opposing party, to force a responding party to use it against that party’s own wishes? Judge Peck recently faced this issue, putting potential use of predictive coding at odds with established precedent and procedure regarding how to conduct discovery.


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Predictive coding, the use of computer algorithms and machine learning as part of document review, has been billed as the next generation of technology in e-discovery. For years, e-discovery service providers — along with some jurists and e-discovery industry veterans — have sung its praises as, at minimum, a complement to the standard document review process, and possibly as a replacement for it.

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