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CONTENT released online between 1 April 2010 and 24 August 2018 or content that has been selectively archived and is no longer active.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
One of the more hotly disputed issues regarding the use of predictive coding is whether parties may use keyword searches to remove non-responsive documents from the universe of potentially relevant information. Courts have so far provided mixed guidance on this issue, leaving litigants guessing as to whether their choice of blending keyword and predictive coding search methodologies – if challenged by an adversary – would receive judicial imprimatur. Nevertheless, a new ruling from the Rio Tinto v. Vale litigation confirms that parties may combine these search methodologies to achieve reasonable and proportional productions of highly relevant information.