Predictive Coding Addressed in Detail at Hearing, Parties Ordered to Submit Draft Protocol

Da Silva Moore v. Publicis Groupe, No. 11 Civ. 1279 (ALC) (S.D.N.Y. Feb. 8, 2012)

On February 8, 2012, Magistrate Judge Andrew Peck conducted a hearing addressing several discovery issues which included a lengthy discussion of an appropriate protocol for predictive coding and resulted in an order for the parties to submit their draft protocols by February 16th.  The hearing was attended by counsel and their respective ESI experts.  A written opinion is expected which may distill some of the more technical aspects of the discussion.  Nonetheless, for those with the time, the (rather lengthy) transcript of the hearing is fascinating, and certainly worth a read.

A copy of the transcript is available here.

If and when an opinion is issued in this matter, it will be available here as well.