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Court Praises Predictive Coding, Then Rejects It

in <i>Progressive Casualty Ins. v. Delaney,</i> the court sheds light on the reasons why parties have been reluctant to accept predictive coding, the need for cooperation and transparency with one's adversary, the resulting risks of this cooperation, and highlights a key debate over best practices ' whether search terms can be used to first limit the universe of documents before predictive coding is employed.

10 minute read October 01, 2014 at 01:34 PM
By
H. Christopher Boehning And Daniel J. Toal
Court Praises Predictive Coding, Then Rejects It

Over the past few years, much ink has been spilled by judges, commentators, and e-discovery service providers opining on the merits and drawbacks of predictive coding.

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