E-discovery is especially challenging in healthcare related litigation due to the healthcare industry’s reliance on electronically stored information (ESI), the volume of medical records often at issue in health care litigation, especially, qui tam litigation, the time periods often at issue given the lengthy statutes of limitations and the relevance of the information that the records contain.
David R. Cohen and Marcin M. Krieger
The Legal Intelligencer
On Feb. 24, 2012, Judge Andrew Peck issued his opinion in, 287 F.R.D. 182 (S.D.N.Y. 2012), the first case to approve the use of predictive coding in a litigation matter. Many legal commentators declared that this was a death knell for the use of traditional human document review to identify relevant documents in litigation.