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Is Judge Peck the First to Require a Predictive Coding Protocol for Automated Doc Review?

From the ABA Journal:

An unusual decision by a federal magistrate judge to require a so-called predictive coding protocol for automated e-discovery in an employment discrimination class action is both good news and bad news for young attorneys.

The bad news: A number of their jobs could be at risk, if what may be a first-of-its-kind ruling by U.S. Magistrate Judge Andrew J. Peck in the Southern District of New York case becomes commonplace.

The good news: A number of lawyers could be freed from the drudgery of document review if the predictive coding protocol becomes a trend.

Designed to allow documents obtained through electronic discovery to be categorized without having a set of human eyes review each page, predictive coding is expected to be used in Da Silva Moore v. Publicis Groupe et al. to deal with some 3 million documents. A human review team will initially go through about 15,000 to 20,000 documents to determine an appropriate protocol for using Recommind's Axcelerate product, Law Technology News reports.

http://www.abajournal.com/mobile/article/is_federal_magistrate_the_first_to_require_computerized_predictive_coding_p/

Full post as published by Federal Civil Practice Bulletin on February 16, 2012 (boomark / email).