Berwin Leighton Paisner’s Litigation and Corporate Risk team wins significant court order approving use of predictive coding technology in disclosure

International law firm Berwin Leighton Paisner (BLP) achieved a significant victory on 17 May, in securing an order to use predictive coding as part of a substantial document review exercise in an ongoing unfair prejudice petition, which BLP believes is the first such order in a contested application.

The team at BLP is being led by Litigation and Corporate Risk Partner Oliver Glynn-Jones and assisted by Robin Ganguly, Senior Associate, Rebecca Wardle, Associate, and Alasdair McAlpine, Trainee.

Predictive Coding is machine learning technology that has the potential to dramatically reduce the cost of the e-disclosure process.  A senior lawyer reviews a small “seed set” of documents, which is then analysed by the technology and used to generate a further sample for review.  Through a process of iterative refinement, the algorithm can reach a level of review accuracy that can be applied across the entire dataset, identifying relevant documents in a manner that is far more efficient and scalable than a traditional document review.

Oliver Glynn-Jones comments: “BLP is one of only a few firms with its own in-house data processing, hosting and document review capability, and almost unique in having an in-house Predictive Coding resource. This latest court order is a significant win for our team, and an excellent demonstration of the opportunity provided by this technology.”

The technology will not only reduce the cost of e-disclosure, but also operates at a higher level of accuracy than a traditional human review.  It also opens up new opportunities such as early case assessment, since it enables lawyers to quickly identify the most highly relevant documents at a much earlier stage than through a traditional review.



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