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Winfield v. City of NY: What Happens When Computers and Humans Disagree in eDiscovery?

Winfield v. City of NY: What Happens When Computers and Humans Disagree in eDiscovery?

Predictive coding has become increasingly prevalent in eDiscovery. Although courts have ruled that parties are allowed to use the technology, they have also recognized that litigants aren’t required to use it. However, once a litigant has decided to employ predictive coding, the question is to what extent courts should permit discovery into, and allow opposing counsel, to re-examine and second guess a litigant’s TAR process?

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