On April 25, 2012, United States District Judge Andrew Carter upheld Judge Peck’s February 2012 rulings in Da Silva Moore v. Publicis Groupe, specifically in regard to the use of predictive coding. Judge Peck’s February 24, 2012, decision was the first documented case to recognize predictive coding as an acceptable method of searching for electronically stored information. In upholding Judge Peck’s rulings, Judge Carter found the use of predictive coding proper because “the search methods will be carefully crafted and tested for quality assurance, with Plaintiffs participating in their implementation.” Opinion at 3. The judge found many of the plaintiffs’ arguments premature and made clear that it is too soon to conclude that the use of predictive coding would deny plaintiffs access to liberal discovery. Judge Carter aptly pointed out that “there simply is no review tool that guarantees perfection” but, in the case of Da Silva Moore, the court upheld the decision that predictive coding is the preferred method in this instance.
See Reed Smith’s previous Alert on the Da Silva Moore case here.