Using Predictive Coding To Find Privileged Content

Manfred Gabriel and David Sharpe from KPMG, writing in Today’s General Counsel, find that while predictive coding for e-discovery is gaining wide acceptance in the context of both litigation and regulatory proceedings, there is continued reluctance to rely on it for sorting out privileged documents. There, the potential harm from inadvertent disclosure is at its highest. But the technology is improving. “Perfection is elusive and will remain so,” the authors write, “but, properly employed, the new technology promises to significantly reduce the time and cost of e-discovery document review.”