Magistrate Judge Andrew J. Peck has observed that judicial understanding and resolution of ediscovery disputes can benefit from “bring your geek to court day” — where those knowledgeable about ESI issues in a case participate in court conferences. As we predicted, the Supreme Court isn’t yet ready for Bring Your Geek to the Supreme Court Day. … Continue Reading
Will a challenge to the use of predictive coding or technology-assisted review (TAR) disguised as a recusal fight capture the attention of the U.S. Supreme Court? Probably not. Recently, the Da Silva Moore plaintiffs petitioned the Supreme Court for certiorari on the narrow question of the standard of review for a recusal decision. And we all know … Continue Reading
In prior posts, we’ve commented on the emerging judicial focus on the use of technology-assisted review/predictive coding as well as the twists and turns of Da Silva Moore, in which Magistrate Judge Peck permitted the use of predictive coding in a groundbreaking decision, only to have plaintiffs seek his recusal on the purported ground that … Continue Reading
Co-Authored by: Judy Selby and Jessica Nutt In prior posts, we’ve commented on the emerging judicial focus on the use of technology-assisted review/predictive coding, as well as the twists and turns of Da Silva Moore, in which Magistrate Judge Peck permitted the use of predictive coding in a groundbreaking decision, only to face demands for … Continue Reading