National Day Laborer Organizing Network v. U.S. Immigration and Customs Enforcement Agency, Case No. 10-Civ-3488 (SAS), 2012 WL 2878130 (S.D.N.Y. July 13, 2012), a Freedom of Information Act (FOIA) case in which District Judge Shira A. Scheindlin held that “most custodians cannot be ‘trusted’ to run effective searches because designing legally sufficient electronic searches in the discovery or FOIA contexts is not part of their daily responsibilities,” and stated (in dicta) that “beyond the use of keyword search, parties can (and frequently should) rely on latent semantic indexing, statistical probability models, and machine learning to find responsive documents. Through iterative learning, these methods (known as ‘computer-assisted’ or ‘predictive’ coding) allow humans to teach computers what documents are and are not responsive to a particular FOIA or discovery request and they can significantly increase the effectiveness and efficiency of searches.” 1


  1. Maura R. Grossman and Gordon V. Cormack, EDRM page & The Grossman-Cormack Glossary of Technology-Assisted Review, with Foreword by John M. Facciola, U.S. Magistrate Judge2013 Fed. Cts. L. Rev. 7 (January 2013).