This post was written by David R. Cohen and Caitlin Gifford.
On Friday, February 24, New York Magistrate Judge Andrew Peck issued an opinion and order in Da Silva Moore v. Publicis Groupe & MSL Group, 11 Civ. 1279 (ALC) (AJP) (S.D.N.Y. Feb. 24, 2012), the first documented case to recognize predictive coding as an acceptable method of searching for electronically stored information (“ESI”). “Predictive coding,” or computer-assisted review, is a process that can replace some human review with computer review, thereby reducing the cost of large-scale, e-discovery reviews. A typical technique is to identify a suitable “seed set” of documents that are reviewed by case attorneys and coded for relevancy, privilege, and other factors. Based on that coding, the system is trained to learn what is relevant and what is not; then the system itself predicts or suggests documents that are potentially relevant or similar across the document collection.