Courts continue to endorse predictive coding.

PositionE-DISCOVERY - Rio Tinto PLC v Vale S.A. - Brief article

Technology-assisted review (TAR), also known as predictive coding, continues to gain the support of federal courts. Magistrate Judge Andrew J. Peck of the U.S. District Court for the Southern District of New York, one of the first judges to endorse TAR, recently proclaimed that the right to use TAR for high-volume electronically stored information (ESI) cases is "now black letter law," reported Bond Schoeneck & King PLLC. Peck's statement was part of his discussion in Rio Tinto PLC v Vale S.A., et al.

The court's growing acceptance of TAR is expected to affect all producing parties in future cases, regardless of whether they would prefer to use traditional keyword searching instead of predictive coding. "As more courts tout the precision of TAR...

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