Predictive coding is machine-learning technology that lets computers automatically predict how documents should be classified with limited human input. Some e-discovery commentators (and vendors) have spent the past few years touting the technology as the cure for all of e-discovery’s ills.
But the technology’s actual arrival to the world of litigation and discovery motions reveals that it is not without side effects. Two recent cases involved protracted predictive coding disputes. Digging into those disputes highlights some of the technology’s potential future problems and clarifies those instances and situations in which it may be put to appropriate use.