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O’Melveny’s Fowler Quoted in Reuters on Computer Coding and Electronic Document Review

August 06, 2012

O’Melveny & Myers LLP partner Jeffrey Fowler was quoted in the August 6, 2012, Reuters article “Lawyers see benefits of computer coding, with caveats.” The article reports the findings of a recently published survey of a small group of in-house counsel and law firm attorneys about their experiences with “predictive coding,” a search technology used to predict whether documents are relevant to litigation during discovery. The study's authors told Reuters that the in-house attorneys they polled are closely following developments in how courts are addressing and responding to the technology. Fowler told Reuters he wasn't surprised that the judiciary’s views on the technology were cited as a concern among companies. Judges have been known to ask both sides in a dispute to disclose their processes to one another, Fowler said, noting that this has made clients “concerned that if they use predictive coding ... (they) will have to involve the opposition at a level that will be too costly and not practical."

Fowler is a member of O'Melveny's Electronic Discovery and Document Retention Practice as well as its Class Actions, Mass Torts and Insurance Litigation Practice, and resides in the Firm's Los Angeles office.