Case-in-Point: New Mexico Court Addresses Predictive Coding and Technology Assisted Review

Tuesday, May 20, 2014 by Eric Robinson


It’s not too often that judges write specifically about predictive coding and technology assisted review (TAR); when they do, it is important to take notice. These opinions can reveal the do’s and don’ts of implementing predictive coding and how to be more successful when using the technology. It also shows us that the judiciary is not only becoming more and more comfortable talking about the technology, but also accepting it.

The recent decision of New Mexico St. Inv. Coun. v. Bland, 2014 WL 772860 (N.M. Dist. Ct. Feb. 12, 2014) demonstrated that the court was not afraid to address predictive coding and TAR and was savvy on modern document review practices. The investigation performed by Day Pitney and Kroll Ontrack utilized TAR techniques including predictive coding, concept searching, near-duplication, and email threading capabilities. The result was both a success in wading through more than 2.6 million pages and the court’s favorable response to the investigation.

To find out how technology assisted review and predictive coding protocols were implemented in this investigation and to read more about the court’s decision, check out the full case study on