ARCHIVED CONTENT
You are viewing ARCHIVED CONTENT released online between 1 April 2010 and 24 August 2018 or content that has been selectively archived and is no longer active. Content in this archive is NOT UPDATED, and links may not function.By Hal Marcus
On September 16, I posted about the impact of timing on predictive coding in light of recent caselaw. Timing indeed being everything, an intriguing new opinion on this point was handed down the very next day. In Dynamo Holdings v. Comm’r , the IRS Commissioner sought to compel production of the contents of backup tapes containing at least several million documents. It objected to the producing parties’ request to use predictive coding to review them, calling it an “unproven technology.” In his opinion, Judge Ronald Buch rejects the IRS’ motion, detailing the substantial judicial and industry acceptance of predictive coding. He emphasizes the discretion that producing parties have in conducting document review, bluntly questioning why the use of predictive coding should even be before the court […]
Read the complete article at: At That Time: The Dynamo Case on Predictive Coding