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Schnader Successfully Argues a Motion In Favor of the Use of Predictive Coding in the Discovery of Electronically Stored Information

On April 25, 2012 by Schnader in Litigation

This is the first time a court has directly authorized the use of predictive coding in the production of ESI and the motion was granted over the objections of the opposing party.

April 25, 2012 – Philadelphia, PA: On Monday, April 23, 2012, Judge James H. Chamblin of the 20th Judicial Circuit of Virginia’s Loudoun Circuit Court entered a protective order in Global Aerospace Inc., et al, v. Landow Aviation, L.P. dba Dulles Jet Center, et al,  allowing three defendants, over objection, to use predictive coding as their selected method for processing and producing documents from more than 250 gigabytes of electronically stored information, which is a collection that exceeds 2 million documents.  Judge Chamblin expressly reserved the right of any receiving party to challenge the continued use of predictive coding should the production prove to be inaccurate or incomplete.

Judge Chamblin’s decision expands upon Magistrate Judge Andrew Peck’s recognition in Da Silva Moore v. Publicis Groupe, 2012 U.S. Dist. LEXIS 23350 (S.D.N.Y. 2012) (Peck, J.) of the propriety of predictive coding for ESI production and is the first to directly authorize the use of predictive coding over the objections of an opposing party.  The decision recognizes that predictive coding may be a viable method of culling large volumes of ESI.

The case before Judge Chamblin stems from a collapse of a commercial structure, which damaged hundreds of millions of dollars in personal property. The defendants are represented by Schnader Harrison Segal and Lewis LLP and Baxter, Baker, Sidle, Conn & Jones, PA of Baltimore, MD. Schnader’s e-Discovery Practice Group, led by Thomas C. Gricks III, initially directed the collection and preservation of the ESI. When agreement on production methodology could not be reached, Schnader filed a motion for a protective order to allow the firm to use predictive coding to cull the collection.

“The critical point of the order is that the Court allowed a party to choose predictive coding as its preferred method of responding to a request for production of ESI. His decision was an express recognition of the evolution of document review to deal with ever-increasing volumes of data,” said Gricks.

Schnader has been successful in using predictive coding to save time and money on a firstpass review, which in the immediate case will be significant.  Schnader was prepared to present Timothy Opsitnick, Esq. of JurInnov Ltd., Dr. Herbert Roitblat of OrcaTec, LLC, and Karl Schienman Esq. of Review Less, LLC as experts in support of the motion.


Schnader Harrison Segal & Lewis LLP is a law firm of 200 attorneys with offices in Philadelphia, Pittsburgh, New York, California, Washington, DC, New Jersey and Delaware.  Schnader serves local, national and international clients ranging from large corporations to start-ups and entrepreneurs to individual clients in more than 40 areas of the law. In addition to the Firm’s traditional strengths in complex litigation, commercial transactions, wealth management, and family law, the Firm has significant experience and depth in intellectual property, international commerce and labor and employment laws, financial services, construction law, real estate development, corporate governance, appellate services, technology-based companies, media and communications, environmental, energy, nonprofit, government relations and regulatory affairs, aviation issues, business reorganization, and securities and shareholder litigation.  For more information visit or contact Caroline Brobeil Nassan, Public Relations Manager for the Firm. 




Category: Litigation