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Predictive Coding Case Law Universe - Sept 2015.001
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By Robert Hilson

A body of case law can be made to look an awful lot like a solar system, with clear centers of gravity, precipitating events, dependent relationships — and random moons just off doing their own things.

With predictive coding-related law, there was not so much a deliberate crawl from the ooze as a sudden big bang: In February 2012, the seminal Da Silva Moore case condensed all the formative matter that had existed in the legal, academic and popular ethers into the first tangible judicial ruling validating the then-fledgling method; an explosion of legal rulings surged forth in its wake. No fewer than two dozen substantive decisions dealing with predictive coding — generally approving its use or signing off on specific protocols — have arisen from federal, state and tax courts over the three and a half years since Da Silva Moore.

This evolving universe, no doubt, has its quirks. Courts have cited, among other sources, vendor-authored white papers, student-prepared academic studies, and newspaper articles as authorities substantiating predictive coding’s superiority or parity vis a vis other search methods — or underscoring flaws with those alternative methods.

 

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