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In Da Silva Moore v. Publicis Groupe, U.S. Magistrate Judge Andrew Peck’s opinion condoning the use of predictive coding was anything but a blanket endorsement of technology-assisted review (TAR). Instead, Peck emphasized that counsel “design an appropriate process, including the use of available technology, with appropriate quality control testing, to review and produce ESI.” While an “appropriate process” might leverage TAR, other tried and true technologies, such as concept searching, topic grouping and email threading, remain critical complementary tools for designing an effective protocol to filter, process and review relevant data.

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