The subject of predictive coding and keywords continues to be a hot topic in the e-discovery world largely because of a recent case, Bridgestone Americas v. International Business Machines. U.S. Magistrate Judge Joe Brown, of the Middle District of Tennesse, Nashville Division, allowed the use of predictive coding technology on documents already screened by keywords, according to Gilbert Keteltas, of Baker & Hostetler, in an article on the Discovery Advocate blog.
Keteltas said the decision demonstrates a practical approach to whether predictive coding and keywords should be used together. Notably, Brown said the use of predictive coding is a judgment call. “Presumably Judge Brown would also agree that the choice and implementation of any search and review process involves many judgment calls throughout the process,” surmised Keteltas.
