By Philip FavroHe’s done it again. U.S. Magistrate Judge Andrew Peck is at the center of the eDiscovery universe with a new opinion touching on some questions surrounding the use of predictive coding in litigation. On March 2, 2015, Judge Peck issued Rio Tinto Plc v. Vale S.A., approving the parties’ stipulation to use predictive coding in discovery. In connection with his order, Judge Peck offers guidance on the use of predictive coding “because of the interest within the ediscovery community about TAR cases and protocols.”Most of Rio Tinto is dedicated to discussing the merits of transparency and cooperation in developing predictive coding seed sets. As Judge Peck observes, this issue remains open and there is no definitive answer on the extent of transparency and cooperation required in connection with seed set.
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Information Governance (InfoGovernance) is the specification of decision rights and an accountability framework to encourage desirable behavior in the valuation, creation, storage, use, archiving and deletion of information. It includes the processes, roles, standards and metrics that ensure the effective and efficient use of information to enable an organization to achieve its goals. Information governance should be an element in planning an enterprise's information architecture.
(Gartner Hype Cycle for Legal and Regulatory Information Governance, 2009, December 2009).
An Engagement Area (EA) is an area where the commander of a military force intends to contain and destroy an enemy force with the massed effects of all available weapons systems.
(FM 1-02, Operational Terms and Graphics, September 2004).