Southern District Of New York Poised To Address Predictive Coding

On February 8, 2012, Magistrate Judge Andrew J. Peck heard arguments in Da Silva Moore v. Publicis Groupe, No. 11-CV-1279 (S.D.N.Y.) addressing the use of predictive coding as an alternative to an eyes-on review of millions of documents. To utilize predictive coding, an attorney must manually review a small subset of the total amount of documents that are potentially involved in the litigation. As the attorney codes or "tags" documents as relevant, the predictive coding software is "trained" as to the characteristics that make a document relevant and, at the end of that review, the software is fully "trained" to predict how the attorney will tag documents and able to review and tag the entire set of documents itself.