E-Discovery

It has been a busy week in the e-discovery world. On Wednesday, a county court in Virginia ordered litigants to use predictive coding, despite the plaintiff’s objection. Last week, the plaintiffs in Da Silva Moore v. Publicis Groupe et al. tried to boot Magistrate Judge Andrew Peck from the case, as well as roll back his landmark ruling, which endorsed the technology for the first time.

Well, despite the haters, no one can stop the march of progress. A federal judge weighed in on Da Silva Moore yesterday. It looks like the score is Robots 1, Old-school Attorneys 0….

double red triangle arrows Continue reading “Attempt To Overturn Judge Peck’s Controversial Predictive Coding Ruling Denied; Robots Win the Day”

Despite all the brouhaha surrounding Magistrate Judge Andrew Peck‘s recent predictive coding ruling, the gates on the cutting-edge electronic discovery technology appear to be opening. Not the flood gates, but the kind of gates big enough to let deer into your back yard.

We have another case this week, from a small county court in Virginia, where a judge has ordered predictive coding despite the plaintiff’s objections. Keep reading to hear about the latest technology-assisted review in litigation.

UPDATE (4:00PM 4/26/12): We’ve obtained the plaintiffs’ motion, as well as the defense’s response. You can see them below…

double red triangle arrows Continue reading “Virginia Judge Orders Predictive Coding, Despite Plaintiff Objections. Is This the Start of a New Era?”

We’ve covered the trials and tribulations — and occasional dishonorable public unveiling — of anonymous internet commenters before. And we have learned that just because someone comments anonymously does not mean no one can find out their identity.

A Texas couple, a day spa owner and a prominent attorney, won a large defamation suit against would-be anonymous commenters last week, showing once again that your secret identity is never as secret as you might hope.

The couple may not be billionaires, but after the massive defamation verdict, which stemmed from untrue criminal accusations made online, they might feel compelled to start rocking out to a milli, a milli, a milli, a milli

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Over the last couple of months, we have written a few stories about Magistrate Judge Andrew Peck. Judge Peck generated headlines as the first federal judge to approve a litigation protocol for e-discovery that included predictive coding technology.

For a while, the story was pretty happy-clappy. It was a start of a new era. E-discovery — through predictive coding that had now arrived — would be cheaper, more efficient, and faster. Yay!

But, alas, all is not well in this legal technology paradise. One of the parties in Da Silva Moore v. Publicis Group, the case that started this whole saga, has requested that Judge Peck recuse himself.

They say his enthusiasm for predictive coding crosses the line into partiality…

double red triangle arrows Continue reading “Plaintiffs Trying To Get Judge Peck Bounced from Landmark Predictive Coding Case”

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[C]omputer-assisted review… should be seriously considered for use in large-data-volume cases where it may save the producing party (or both parties) significant amounts of legal fees in document review. Counsel no longer have to worry about being the “first” or “guinea pig” for judicial acceptance of computer-assisted review.

– Magistrate Judge Andrew J. Peck (S.D.N.Y.), in last week’s opinion in Da Silva Moore v. Publicis Groupe et al. We have previously covered Judge Peck’s comments in Da Silva Moore and his thoughts on compter-assisted review.

Howrey dissolved almost an entire year ago, but its bones are still filling warehouses and servers across the world, and costing hundreds of thousands of dollars in storage fees.

The firm’s estate is embroiled in the painstaking process of destroying old files or returning them to former clients. There is still a long, long way to go. In today’s Washington Post, we get to see a vivid illustration of the problems involved in putting to rest a massive law firm that bridged the paper and electronic eras.

It is also a good cautionary tale for other firms: these documents will not just go away, even if your firm bites the dust…

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Paul Ceglia‘s war with Facebook is the ridiculous lawsuit gift that just keeps on giving.

We have covered the inveterate scam artist’s losing court battle for an ownership stake in Facebook time and time again. We can’t help it, because the stuff still being disclosed continues to be so absurd.

Last time we mentioned the case, the court had ordered Ceglia to pay Facebook’s legal bills to the tune of $75,776. But we ain’t done yet.

Yesterday, Facebook lawyers from Gibson Dunn and Harris Beach filed another motion to compel. This time they are seeking information about Ceglia’s suspiciously named secret email addresses, as well as a possible connection to the Biglaw firm that used to represent Mark Zuckerberg’s other arch nemeses — the Winklevoss twins….

double red triangle arrows Continue reading “What’s Next for Paul Ceglia’s Facebook Suit? Secret Email Addresses and a Possible Winklevoss Connection”

Just a few weeks ago, Magistrate Judge Andrew Peck (S.D.N.Y.) spoke to several hundred people at LegalTech New York about the importance of predictive coding for the future of electronic discovery. He expressed his hope that a federal court would, sooner rather than later, officially encourage using the technology in a case.

Shortly after participating in the panel, Judge Peck fulfilled his own wish. Last week, he became what appears to be the first federal judge to order litigants to use the cutting-edge technology in a case.

Let’s look at the details, as well as take a little refresher on predictive coding…

double red triangle arrows Continue reading “The Future Has Arrived: For the First Time, Judge Orders Predictive Coding in a Federal Case”

Only God can save you now, James. Not sure if he's interested, though.

It might have seemed impossible, but things have gotten worse for those involved in the News of the World phone hacking scandal.

In addition to all the other evidence against the now defunct newspaper, which was run by James Murdoch, the son of everyone’s favorite terrifying Australian media baron, new email evidence — that investigators literally pulled out of a box in an abandoned office — indicates that the younger Murdoch should have known exactly what was going on.

This isn’t a smoking gun e-mail. It’s a smoking gun, fingerprints, and well-fit glove…

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