Litigation: Predictive coding’s grand debut

Da Silva Moore and Kleen Products foreshadow potential problems with technology-assisted review

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.

Contributing Author

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Jan Conlin

Jan M. Conlin is a partner at Robins, Kaplan, Miller & Ciresi L.L.P. and chairs the business litigation practice. She serves as trial counsel for...

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Contributing Author

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Andrew Pieper

Andrew J. Pieper is an attorney at Robins, Kaplan, Miller & Ciresi L.L.P. and practices in complex business litigation.

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