Hot on the heels of Voom comes what is believed to be the first federal case to adopt the use of predictive coding. The case is Monique Da Silva Moore, et al v Publicis Groupe and MSL Group and the decision was yesterday, 13th Feb 2012.
It is not altogether surprising that the judge was His Honour Judge Andrew J Peck of the US District Court for the Southern District of New York, long a proponent of using technology to deal with electronic discovery(as he naturally calls it). See the analysis by LTN’s technology editor, Sean Doherty: Technology on Trial: Predictive Coding, Law Technology News, 14th Feb, 2012.
I intend to comment further on this case in due course as protocols are to be agreed by February 17th, following which Judge Peck is expected to write an opinion.
Watch this space!