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The latest e-discovery opinion to cause a stir is from a federal magistrate judge well known in the field for his ability to communicate e-discovery “best practices” to practitioners. In Da Silva Moore, et al. v. Publicis Groupe & MSL Group,[1] Magistrate Judge Andrew J. Peck issued the first reported opinion dealing with a technology called “predictive coding.”

While Judge Peck’s comments at the hearing preceding the written opinion were quickly heralded by vendors as officially “validating” predictive coding as a judicially endorsed software product, the opinion specifically rejects this misinterpretation.[2] Rather, Judge Peck states that predictive coding is an appropriate tool for certain cases but should be subject to the same kind of rigorous analysis and testing as other methods of document review:

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