Magistrate Judge Peck Encourages Litigants – But Won’t Force Them – to Use TAR

In this employment discrimination case against the City of New York, the parties asked the court to resolve a number of discovery disputes, including a disagreement about the methodology that should be used to find responsive documents. The City preferred to use keyword searches, and the parties had engaged in some preliminary discussions about the appropriate keywords. Read about Judge Peck's order on technology assisted review.

“Predictive Coding Must Be the Way Forward” – So Says the UK High Court of Justice

Back in March we reported on Pyrrho Investments Ltd. v. MWB Property Ltd., the first order by a British court approving the use of the use of technology assisted review (TAR) for litigation disclosures. In that case, Master Matthews drew heavily from Magistrate Judge Peck’s landmark decision in Da Silva Moore v. Publicis Groupe, and crafted a list of ten factors weighing in favor of the use of TAR. The court found no factors suggesting TAR should not be used. Now, another UK court has approved the use of TAR, but this time in a different posture.

The Internet of Things — Let the Litigation Commence

Legal commentators have been speculating about how the “Internet of Things” could generate a flood of new litigation. Some of that speculation recently became reality, when plaintiffs filed a class action against a group of automakers, alleging that they sold unsafe cars because their internet connectivity creates vulnerability to hackers.

Not So Fast: The Sixth Circuit Rejects Race Tires, and Adopts a More Liberal Approach to Taxing E-Discovery Costs to the Losing Party

Federal Rule of Civil Procedure 54(d)(1) provides that costs incurred by the prevailing party may be taxed against the losing party. In turn, 28 U.S.C. § 1920 itemizes the allowable expenses that may be taxed, permitting recovery of “[f]ees for exemplification and the costs of making copies of any materials where the copies are necessarily obtained for use in the case." 28 U.S.C. § 1920(4). Over the years, federal courts have grappled with the question of how to interpret “the costs of making copies” in the digital age.

How to Go Where Angels Fear to Tread: Best Practices for Developing and Negotiating Keyword Search Terms

In United States v. O’Keefe, former U.S. Magistrate Judge John Facciola tackled the subject of using keyword search terms to help identify relevant documents for production in discovery. Observing that the proper use of search terms in ediscovery involves “the sciences of computer technology, statistics and linguistics,” the Judge offered the now famous quip that, for lawyers and judges to opine on the effectiveness of a given set of search terms “is truly to go where angels fear to tread.”