Five female employees brought action against their employer alleging gender discrimination. The presiding magistrate judge, nothing that, to his knowledge, no reported case had addressed the use of computer-assisted coding (i.e., “tools (different vendors use different names) that use sophisticated algorithms to enable the computer to determine relevance, based on interaction with (i.e.,training by) a human reviewer”). The parties agreed to use a 95% confidence level (plus or minus two percent) to create a random sample of the entire e-mail collection; that sample of 2,399 documents will be reviewed to determine relevant (and not relevant) documents for a “seed set” to use to train the predictive coding software. (The Court attached the ESI Protocol dealing with the predictive coding search methodology.) Moore v. Publicis Groupe, No. 11-1279, 2012 WL 607412 (S.D.N.Y. Feb. 24, 2012).
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