[5] Ralph Losey,
ibid., at 25, states that predictive
coding (a variety of TAR) was slow to be used by U.S. lawyers until the decision of Magistrate Judge Andrew J. Peck on Feb. 24, 2012, in, Da Silva Moore v. Publicis Groupe 287 F.R.D. 182 (S.D.N.Y. 2012), approving the use of predictive
coding, listing justifications.