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Magistrate Judge Peck’s Message to the Bar: Predictive Coding Should Be “Seriously Considered”

predictive coding, e-discovery, document review, discovery, electronic discovery, computer-assisted review

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Southern District of New York Poised To Address Predictive Coding

  On February 8, 2012, Magistrate Judge Andrew J. Peck heard arguments in Da Silva Moore v. Publicis Groupe, No. 11-CV-1279 (S.D.N.Y.) addressing the use of predictive coding as an alternative to an eyes-on review of millions of documents. To utilize

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Posted in Articles, coding, Moore, predictive, protocol, review, Silva

The Importance of Negotiating with Your Adversaries: New Jersey Federal Court Spares Plaintiff a Large-Scale Document Review

  We live in a digital world where smartphones are the norm and email access is seemingly as important as food and water. This increase in usage of email and the amount of electronic data requires companies to develop ways to

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Posted in agreement, Articles, ESI, Modification, terms

Ensuring Discovery Compliance: Sanctions Relating to Past, Present, and Future Adverse Parties

Monetary sanctions, attorneys fees, and adverse inference jury instructions are the more common type of sanctions imposed on litigants for the spoliation of evidence, or not producing relevant documents. Recently, however, a court has increased the severity and impact of

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Posted in Articles, e-discovery compliance, litigation hold, Sanctions, spoliation

I’m Responsible To Do What? Counsel’s Affirmative Duty To Ensure Compliance With Litigation Holds

A corporate defendant discovers that it will be subject to litigation, yet it actively destroys probative, relevant evidence. Many of us have read, or heard of, opinions where judges have punished a spoliating-defendant by issuing sanctions anywhere from an adverse

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Posted in Articles, duty, preservation, preserve, spoliation
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