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The efficacy and defensibility of so-called “predictive coding” has been a hot topic in light of Magistrate Judge Andrew Peck stating the he “has approved of the use of computer-assisted review” in Da Silva Moore v. Publicis Groupe, and Magistrate Judge Nan Nolan conducting a still ongoing evidentiary hearing in Kleen Products v. Packaging Corp. of America, in which the plaintiffs seek to force the defendants to start over with this technology after they already used a traditional Boolean methodology.

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