E-Discovery » How, Not If, For Predictive Coding In E-Discovery

How, Not If, For Predictive Coding In E-Discovery

February 17, 2015

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Courts are moving away from arguing whether predictive coding can be used in e-discovery, and are instead focusing on appropriate procedures and safeguards, Adam Kuhn writes for Recommind. Two recent court actions provide some guidance on the limits of transparency – and underscore this is an area where you won’t find consistency. In one case it was established that a good faith allegation of a rule violation is necessary before an adversary can get the right to inspect predictive coding methodology. In the second the court reminded a plaintiff that “full transparency [is expected] in how the predictive coding is established and used.”

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