Judge Peck’s Latest “Wake-Up Call”
In his recent opinion in Fischer v. Forrest, 14 Civ. 1304 (PAE) (AJP), 2017 WL 773694 (S.D.N.Y. Feb. 28, 2017), Judge Peck declares that “It is time, once again, to issue a discovery wake-up call to the Bar in this District: the Federal Rules of Civil Procedure were amended effective December 1, 2015, and one change that affects the daily work of every litigator is Rule 34.” Can you name the three requirements the Judge lays out for responses and objections under amended Rule 34?
TAR Caselaw Update
Here on the DiscoverReady blog, we report periodically on significant developments in the case law regarding the use of Technology Assisted Review (TAR) in legal discovery. This update, which recaps three cases decided in the last several months, takes us out to the Left Coast, and then to the land down under.
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.
Technology Assisted Review (TAR) Across the Atlantic: UK Court Approves the Use of TAR for Electronic Disclosures
A British court has now joined courts in the United States—and one in Ireland—by approving the use of technology assisted review (TAR) in litigation. On February 16, 2016, in the matter Pyrrho Investments Ltd. v. MWB Property Ltd., Master Matthews of the High Court of Justice Chancery Division granted the parties’ request to use predictive coding technology to identify documents for electronic disclosures (the U.K. analog to U.S. e-discovery). According to Master Matthews, it was the first such decision in the U.K.