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Debunking the Seven Biggest Myths of Predictive Coding

By David J. Kessler
May 29, 2012

Litigation is at a watershed. There is near universal agreement that the volume of information and expense of document review is crippling a fragile system.
Opinions diverge, however, as to how to best address this challenge. The call to apply technology to the crisis is louder than ever given Magistrate Judge Andrew Peck's opinion validating the use of predictive coding in Da Silva Moore v. Publicis Groupe & MSL Group, 11 Civ. 1279 (ALC) (AJP) (S.D.N.Y. Feb. 24, 2012). See, “Protocols and Pitfalls for Leveraging Technology: Assisted Review in the Da Silva Moore Era,” in the May issue of LJN's Legal Tech Newsletter, http://bit.ly/K01L6g.

Simply stated, predictive coding combines technology and well-defined processes to enable a machine to evaluate documents that attorneys code as responsive, privileged or key. Following its assessment of these records, the software identifies similar documents from among those that remain unreviewed. By analyzing references in the text of each record for common themes and concepts, it identifies further concepts of the same type.

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