NEW YORK--(BUSINESS WIRE)--In the first federal case where Predictive Coding use will be adopted by both the court and the parties, DOAR Litigation Consulting CEO, Paul Neale, and Vice President of Discovery Consulting, Gene Klimov, advised Plaintiffs’ counsel on the development of an electronically stored information (“ESI”) protocol that includes the use of predictive coding. DOAR participated in the negotiations with defense counsel and in the drafting of a comprehensive ESI protocol in da Silva Moore, et al. v. Publicis Groupe SA, et al., which will be jointly submitted by the parties. Furthermore, DOAR evaluated the defendants’ proposed use of predictive coding and ensured that the process will be transparent enough to allow plaintiffs to verify the reliability of the process. Plaintiffs’ counsel will participate in every stage of the review of the documents that will seed, train and verify the process.
Mr. Neale presented the plaintiffs’ position to the court during a hearing on February 8, 2012 before Magistrate Judge Andrew Peck of the Southern District of New York. The parties plan to submit a final version of the joint protocol on February 17, 2012 after which it is expected that Judge Peck will issue a written opinion.
“While we most often advise producing parties on the use of alternative technologies such as predictive coding, I believe that our support of the requesting party in this case will prove to be an important step in the wider adoption of predictive coding technologies,” Mr. Neale states. “Gene and I are honored to be working with the lawyers at Sanford Wittels & Heisler on such an important precedent-setting case in the area of Electronically Stored Information (ESI) and the use of predictive coding.”
Predictive coding (or computer assisted review) is a rapidly evolving technology that provides parties in litigation with an alternative to the time and cost associated with the traditional, manual review of large volumes of documents. However, while the use of predictive coding is growing, its reliability and defensibility have yet to be fully explored by the courts.
da Silva Moore, et al. v. Publicis Groupe SA, et al., 11-CV-1279, is being heard by Judge Peck in the U.S. District Court, Southern District of New York.
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