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Idealistic musings about eDiscovery
Here’s a good post from Philip Favro at Recommind, regarding Judge Peck’s new “hot-button” case dealing with technology-assisted review:
Like King Solomon’s famous mandate to split the baby, the court’s middle ground decree wisely provided each party with a measure of what they requested while also resolving the dispute. By permitting Vale to cull down the document universe with search terms, the court honored the parties’ predictive coding use agreement as Vale had requested. However, the court placated Rio Tinto’s concerns by allowing it to propose search terms that might capture relevant information that might otherwise have been excluded.