Archives: Predictive Coding

Judge Peck’s Latest Decision on Technology Assisted Review (TAR): Our Past Blog Posts Revisited

By Gilbert S. Keteltas on March 9, 2015 Posted in Predictive Coding, TAR

Many who consider Magistrate Judge Peck’s recent opinion and order in Rio Tinto PLC v. Vale S.A., which he titled “Predictive Coding a.k.a. Computer Assisted Review a.k.a. Technology Assisted Review (TAR) – Da Silva Moore Revisited,” will focus on his declaration “that it is now black letter law that where the producing party wants to … Continue Reading

Predictive coding after keyword screening!? Don’t miss the point of Bridgestone Americas

By Gilbert S. Keteltas on August 21, 2014 Posted in Predictive Coding

Magistrate Judge Joe B. Brown’s recent order permitting predictive coding in Bridgestone Americas v. International Business Machines Corporation has received a lot of attention because it allowed the use of predictive coding on a population of documents that had already been screened using keywords pursuant to a case management order that did not provide for … Continue Reading

Gil Keteltas Discusses E-Discovery in Q&A for Recommind Blog Article

By BakerHostetler on July 22, 2014 Posted in E-Discovery Rules, E-Discovery Vendor, Predictive Coding

Partner Gil Keteltas, co-editor of BakerHostetler’s Discovery Advocate blog, participated in a question-and-answer session with Senior Discovery Counsel for Recommind, Inc., Philip Favro. Keteltas’ responses appeared in a July 22, 2014, blog post on Recommind.com and addressed topics including FCRP Rule 26, proposed amendments to FCRP, predictive coding, and e-discovery challenges facing companies in 2014. Read … Continue Reading

Bring Your Geek to the Supreme Court Day Cancelled for Lack of Interest

By Gilbert S. Keteltas on October 11, 2013 Posted in Predictive Coding, TAR

Magistrate Judge Andrew J. Peck has observed that judicial understanding and resolution of ediscovery disputes can benefit from “bring your geek to court day” — where those knowledgeable about ESI issues in a case participate in court conferences. As we predicted, the Supreme Court isn’t yet ready for Bring Your Geek to the Supreme Court Day. … Continue Reading

The Da Silva Moore Sideshow Seeks The Big Stage

By Jonathan A. Forman on July 15, 2013 Posted in Predictive Coding, TAR

Will a challenge to the use of predictive coding or technology-assisted review (TAR) disguised as a recusal fight capture the attention of the U.S. Supreme Court? Probably not. Recently, the Da Silva Moore plaintiffs petitioned the Supreme Court for certiorari on the narrow question of the standard of review for a recusal decision. And we all know … Continue Reading

Proportionality and Predictive Coding: A Hip Combination

By Karin Scholz Jenson on April 26, 2013 Posted in Predictive Coding, Proportionality

Ok, excuse that bad joke. But the recent decision in In re: Biomet, the hip replacement multi-district litigation out of the Northern District of Indiana, is noteworthy because it discusses proportionality and predictive coding in the same space. The mere fact that predictive coding is an available tool doesn’t mean that it should be applied … Continue Reading

Judge Carter Refuses to Disqualify one of SDNY’s “Experts in E-Discovery” – Even More on Da Silva Moore

By Gilbert S. Keteltas on November 8, 2012 Posted in Predictive Coding

In prior posts, we’ve commented on the emerging judicial focus on the use of technology-assisted review/predictive coding as well as the twists and turns of Da Silva Moore, in which Magistrate Judge Peck permitted the use of predictive coding in a groundbreaking decision, only to have plaintiffs seek his recusal on the purported ground that … Continue Reading

Kleen Products Stipulation Resolves Request that Court Mandate Technology Assisted Review (for now)

By Brian Esser on August 22, 2012 Posted in Predictive Coding, TAR

As discussed in prior posts, the Da Silva Moore case is not the only story in the saga of predictive coding, or technology-assisted review (TAR). We alerted you that a magistrate judge in the Northern District of Illinois was hearing expert testimony on the effectiveness TAR. The discovery disputes in Kleen Products LLC v. Packaging … Continue Reading

Learning and Teaching About Predictive Coding Are Not Bases for Recusal – More on Da Silva Moore

By Gilbert S. Keteltas on June 20, 2012 Posted in Predictive Coding, TAR

Co-Authored by: Judy Selby and Jessica Nutt In prior posts, we’ve commented on the emerging judicial focus on the use of technology-assisted review/predictive coding, as well as the twists and turns of Da Silva Moore, in which Magistrate Judge Peck permitted the use of predictive coding in a groundbreaking decision, only to face demands for … Continue Reading

District Court Upholds Da Silva Moore Predictive Coding Order

By Judy Selby on April 27, 2012 Posted in Predictive Coding, TAR

Contributing Authors: Gil Keteltas and Jessica Nutt Just as we were predicting that the disqualification side show in Da Silva Moore would “not prevent the district court from reaching the merits of the predictive coding dispute,” Judge Andrew Carter’s April 25th order adopted “Judge Peck’s rulings because they were well reasoned and they consider the … Continue Reading

New Horizons in Three Concurrent Cases: Predicting the Future of Predictive Coding

By Judy Selby on April 25, 2012 Posted in Predictive Coding, TAR

Co-authored by: Jessica Nutt Add a recent Virginia state court order to the growing list of orders regarding the use of technology assisted review (TAR)/predictive coding to reduce the burdens and costs – and, some would claim, to increase the accuracy — of review of electronically stored information (ESI). In a short order, half handwritten, … Continue Reading