Magistrate Judge Andrew J. Peck

These are trying times for clerkship applicants. The Law Clerk Hiring Plan is pretty much dead, at least in its strictest version, and it seems like every judge is going his or her own way.

The best applicants can hope for, in the absence of any standardized approach to law clerk hiring, is transparency. Ideally judges should provide clear and comprehensive information about their own particular approaches to hiring clerks. Thanks to this nifty thing called the internet, it’s not that hard.

As in many things, the Southern District of New York provides a model for other courts to follow….

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* The Dukes of Hazzard and Braveheart cited in the Eleventh Circuit. Other circuits, the gauntlet has been thrown down. [Volokh Conspiracy]

* Dave’s not here, man. Probably not the smartest stoner on the planet. [Lowering the Bar]

* Former Skadden attorney loses her appeal claiming that insomnia constituted a disability. It’s a setback for her, but nothing worth losing sleep over. [National Law Journal]

* The Second Circuit agreed with every other court that heard the motion and denied the effort to recuse Magistrate Judge Peck from the Da Silva Moore predictive coding case. [IT-Lex]

* Maybe it’s time for law professors to get off their duffs and try helping out their unemployed students directly. [Concurring Opinions]

* Chief Judge Easterbrook allows a $25K student-loan discharge for a “destitute” paralegal. The educational-industrial complex is not going to sit still for this. [ABA Journal]

* Saira Rao, of Chambermaid (affiliate link) fame, has a new publishing venture — check it out. [Kickstarter]

* Oh, BARBRI. What’s the Matter with Kansas, indeed (after the jump)….

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We have been covering the ongoing saga of Da Silva Moore v. Publicis Groupe et al., the federal case at the forefront of emerging predictive coding technology, for several months now. At first we were like, “Ooooh! A federal judge likes predictive coding!” And then we said, “Uh oh, looks like trouble in paradise.” And then things seemed to get better for a while, and we thought we might get a Hollywood ending to the dispute.

But we may have to wait for a while longer for the grand musical finale. Because it looks like, as of a new ruling from Monday, it looks like the predictive coding party has been temporarily called off.

So far, Magistrate Judge Andrew Peck has been at the center of the controversy. His open enthusiasm for the technology (which we covered before Da Silva ever made headlines) has been the source of much legal wrangling. And the question now seems to be: is Judge Peck still willing to go to the mat over predictive coding?

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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…

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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.

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…

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