University of Denver

From the Trenches: Predictive Coding and Proportionality Key in 2012

Senior Director

In E-Discovery: The Views from the Trenches, the National Law Journal surveyed litigators and vendors to get their perspectives on the top developments in e-discovery over the past year. A top response—predictive coding. But proportionality made a showing as well. As Gilbert Keteltas from Baker & Hostetler commented:

The emergence of technology-assisted review . . . should not be overstated. The handful of cases that show a willingness of courts to consider alternatives to traditional review do not bless the outcome of any technology-assisted review process. On the legal side, 2012 saw an even greater amount of judicial focus on proportionality in electronic discovery. . . . There is now a greater appreciation for the need to find documents that are relevant to the resolution of disputed matters rather than documents that are merely related in some way to the dispute.

Click here for more on the 2012 cases that address proportionality, and here for a discussion of the predictive coding cases that made history in 2012.