Alison Frankel-
Thomas Gricks of Schnader Harrison Segal & Lewis is a trained engineer with an abiding faith in technology. He’s also a former in-house lawyer for Westinghouse who understands that clients don’t like to spend more than they have to on discovery. So it’s probably not a surprise that for more than a year, Gricks, who heads the firm’s e-discovery practice, has been waiting for an opportunity to ask a judge to approve the use of predictive coding — the artificial intelligence technique that supposedly searches for responsive documents with far more speed and precision than ordinary keyword searches.
Gricks got his chance this month, in a Virginia state-court consolidated case called Dulles Jet Center Litigation. Schnader Harrison and Baxter, Baker, Sidle, Conn & Jones represent Landow Aviation, which is the defendant in 10 suits claiming damages from the collapse of three hangars at Dulles airport in a snowstorm in February 2010. According to an April 9 brief Landow submitted to Loudon County Circuit Judge James Chamblin, the case involves about 200 gigabytes of electronically stored information, or about 2 million documents. For a team of lawyers to review all those pages, it would be time-consuming, expensive, and not especially effective, Landow argued. Computer-assisted keyword searches cost less, the brief said, but are no more effective. Instead, according to the brief, “the most effective and economical means of reviewing large ESI collection is a technology known as predictive coding.”
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