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CONTENT released online between 1 April 2010 and 24 August 2018 or content that has been selectively archived and is no longer active.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 Philip Favro
He’s done it again. U.S. Magistrate Judge Andrew Peck is at the center of the eDiscovery universe with a new opinion touching on some questions surrounding the use of predictive coding in litigation. On March 2, 2015, Judge Peck issued Rio Tinto Plc v. Vale S.A., approving the parties’ stipulation to use predictive coding in discovery. In connection with his order, Judge Peck offers guidance on the use of predictive coding “because of the interest within the ediscovery community about TAR cases and protocols.”
Most of Rio Tinto is dedicated to discussing the merits of transparency and cooperation in developing predictive coding seed sets. As Judge Peck observes, this issue remains open and there is no definitive answer on the extent of transparency and cooperation required in connection with seed set.