The Great White Shark which terrorised the fictional seaside resort of Amity in the 1970s was a classic of its time and of its type.
There have been a number of follow up films, none anything like as good as the original because now everyone knows the plot.
Nonetheless this means that I do not need to recite the story for readers to understand what I am talking about. For some weeks now, I have been writing about predictive coding and in particular the court of His Honour Judge Peck in New York. Most recently, Judge Peck has been considering the case of Monique Da Silva Moore, et al v Publicis Groupe and MSL Group.
In my previous piece entitled Predictive Future on 23rd February I referred to the fact that Judge Peck was due to write an opinion on the subject of predictive coding in that case, and he has now promulgated his views. The interpretation of what he said has not been without controversy as can be seen from, for example, an item on that same date in Clearwell’s e-Discovery 2.0 blog, Judge Peck Issues Order Addressing “Joint Predictive Coding Protocol” in Da Silva Moore eDiscovery Case.
Now, I have always taken the view that no judge will ever endorse a particular provider or a particular technology. The best that can be hoped for is that a court will say that a particular procedure is one to be considered and in the appropriate circumstances one which it may be right to adopt.
