Feedback is flying fast around the recent affirmation of Magistrate Judge Andew Peck's predictive coding order in the potentially historic labor law case of Monique da Silva Moore, et al. v. Publicis Group SA, et al, in the U.S. District Court for the Southern District of New York.
The order, affirmed Wednesday by Judge Andrew Carter, allows the defendant to use computerized review software. Such software uses artificial intelligence to search for responsive information -- a method advocates say is more accurate, and potentially faster and less expensive, than manual review or partially automated processes such as keyword search. In da Silva Moore, the software is Recommind's Axcelerate suite.
Law Technology News asked several interested parties to comment via email.
"In affirming Judge Peck, Judge Carter specifically noted, 'There is simply no review tool that guarantees perfection. 'It is important not to overlook this aspect of the decision, as requesting parties -- especially those that themselves claim to not have a lot of data, like plaintiffs in labor and employment disputes like da Silva Moore -- often start their analysis of preservation, search and production standards as one of perfection," noted Paul Weiner, national e-discovery counsel for Littler Mendelson, in Philadelphia.
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Source: law.com
By: Evan Koblentz
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