LITIGATION ALERT: "PREDICTIVE CODING" ARRIVES: Automated Document Review System May Significantly Reduce Litigation Expenses in Complex Cases

In its recent decision in Da Silva Moore v. Publicis Groupe et al., the U.S. District Court for the Southern District of New York became the first court to expressly approve the emerging automated document review process known as “predictive coding.”  Predictive coding is, in short, the use of algorithms that enable the automated determination of whether electronic documents are relevant for production, based on the input and oversight of a human reviewer.  The process is designed to dramatically reduce the cost of discovery by diminishing the role of manual review by teams of attorneys, each billing by the hour.  And while attorneys may be apprehensive about relegating document review to a machine, the process incorporates human guidance and — according to its proponents — is actually less error-prone than human review.  If Da Silva Moore's endorsement of predictive coding takes root, it will significantly alter the way parties assess and engage in litigation.

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