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The guarded court approval in Da Silva Moore v. Publicis Groupe opened the door for expansion of the use of predictive coding in document productions. In the decision, Magistrate Judge Peck stated that he was more interested in validation of the process and results than in the “black box” of the vendor’s software, that is, how predictive coding achieves the categorizing of documents. This is a valid observation in context. However, in using any new product, there are benefits to at least peripherally understanding the underlying technology.

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