S.D.N.Y.

[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…

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

I don’t always cover electronic discovery, but when I do, I prefer juicy court decisions.

And that’s what we have today. The United States District Court for the Southern District of New York released a blunt, controversial ruling last week, slamming down accounting firm KPMG for requesting a less intense preservation obligation. The case has unsettling implications for attorneys and corporations who have big hopes in the future of less costly and less invasive e-discovery standards.

The case has been causing headaches for some time now….

double red triangle arrows Continue reading “KPMG Recieves an E-Discovery Smackdown”


LegalTech New York finished up earlier this week. I survived with only a minor case of technology loop, although my iPhone was begging for mercy by the end.

The conference was frenetic, to say the least. There was a lot going on, regarding a cornucopia of technological topics and tools to help lawyers. As expected, the biggest hype revolved around predictive coding and computer-assisted review.

The legal technology world has been buzzing about this stuff for a while now, and we have covered it on these pages several times before. (Here and here, for starters). At the conference, attendees got to hear from the naysayers, the enthusiasts, and everyone in between. Several panels helped explain exactly what the technology means on a practical level. And no, cyborgs will not be stealing all the contract attorney jobs any time soon.

One of this week’s highlights was a lunchtime panel featuring two prominent attorneys and a New York magistrate judge. The discussion helped clarify, demystify, and define the terms that have been making headlines (even in the New York Times) for a good part of the past year. Is computer-assisted review as scary as it seems? Of course not.

Let’s see what the panelists — and at least one irate audience member — had to say….

double red triangle arrows Continue reading “Live at LegalTech: That’s a Wrap, But the Predictive Coding Debate Is Only Heating up”

Herman Cain: victim of a high-tech lynching?

* Here is Bess Levin’s take on the Groomzilla lawsuit brought by Todd J. Remis, son of a Goodwin Procter partner. [Dealbreaker]

* What advice would crisis management guru Lanny Davis give to Herman Cain about Cain’s sexual harassment scandal? Here’s an imagined conversation. [The Hill]

* And here is a real conversation — between Herman Cain and Ginni Thomas, also about the sexual harassment allegations. [Daily Caller]

* Current law students, at Brooklyn Law and Cardozo, call upon the ABA to get its act together. [BLS Advocate; Cardozo Jurist]

Judge J. Paul Oetken (S.D.N.Y.)

* The legal career of NBA star Ben Wallace is off to a great start. [Yahoo! Sports]

* Antonin Pribetic asks: “Are GCs Shifting The Balance of BigLaw Power?” [The Trial Warrior]

* Congratulations to Judge Paul Oetken on joining the distinguished S.D.N.Y. bench! (I was lucky enough to attend his ceremonial induction last week, which was fabulous.) [Poliglot / Metro Weekly]

* And congratulations to the Dave Nee Foundation, a non-profit committed to fighting depression and preventing suicide, on its record number of law firm supporters for this year’s masquerade ball (taking place tomorrow night). [Dave Nee Foundation (press release)]

I’m starting to think that staff attorneys are being discriminated against because they are staff attorneys.

Today Thomson Reuters reports that a racial discrimination lawsuit has been filed against Quinn Emanuel by a former staff attorney. The plaintiff, who is African-American, claims that she was given less desirable work than her white colleagues and that she was forced to work with a person she “feared,” as retaliation for complaining about her treatment at the firm.

I’m not sure if racism really fits into Quinn’s work hard/play hard firm culture. I feel like the only color Quinn cares about is green, as in, “You’ve billed a ton of hours today despite being all kinds of hungover, I think you’re turning green”….

double red triangle arrows Continue reading “Staff Attorney Claims Discrimination at Quinn Emanuel”

One of the interesting concepts in Professor Rosenbaum’s book (affiliate link) is that the law lacks a soul. The law lacks tenderness. The law is objective and cold and inhumane. The law abhors emotion. I don’t think that’s true.

Every time I sentence a defendant, there is a lot of emotion. I think there is a lot of humanity in the law.

– Judge Denny Chin (2d Cir.), quoted in an interesting New York Times article focused on his sentencing practices (back when he was an S.D.N.Y. judge).

Non-Sequiturs: 09.15.11

* Nikki Finke, the Deadline.com diva, disses Debevoise. [Am Law Daily]

* This kind of friendly fun between opposing counsel would surely warm Jay Shepherd’s heart. [The Namby Pamby]

* This opinion describes a murder gory enough to turn the stomach of Bruce Reilly (aka the Tulane 1L Murderer). [You Shall Never Know Security]

* A new national poll on same-sex marriage shows that… Americans aren’t very good at answering poll questions. [Poliglot / Metro Weekly]

* I definitely live it up when in Las Vegas, but even I have a hard time fathoming a $20,000 hotel bill. [Deadspin]

* Law Firm Merger Mania: Fulbright & Jaworski + Norton Rose? [Legal Week via ABA Journal]

* Good luck to S.D.N.Y. nominee Jesse Furman (who’s a talented attorney and a great guy, and who edited my case note once upon a time). [National Law Journal]

* An interesting issue: “In free speech vs. privilege battle, who wins?” [Thomson Reuters News & Insight]

* If we didn’t waste spend this much money on litigation, wouldn’t there be even more unemployed lawyers? [eLocalLawyers]

As the first openly gay man to be confirmed as a federal judge, he will be a symbol of how much we have achieved as a country in just the last few decades. And importantly, he will give hope to many talented young lawyers who until now thought their paths might be limited because of their sexual orientation. When Paul becomes Judge Oetken, he will be living proof to all those young lawyers that it really does get better.

– Senator Chuck Schumer, commenting on the confirmation yesterday of Paul Oetken to serve as a judge on the Southern District of New York, by a Senate vote of 80-13.

(Because we are fair and balanced here at Above the Law, we offer a decidedly different perspective on the Oetken confirmation, after the jump.)

double red triangle arrows Continue reading “Quotes of the Day: Dueling Perspectives on Judge Paul Oetken”

Not only am I dismissing your case — WITH PREJUDICE — but I am also referring you to the grievance committee, and will personally recommend that you are sanctioned. You lied to this Court, and that will not be countenanced. Now please leave my courtroom.

Judge Jed Rakoff, benchslapping (as reported by an ATL reader who witnessed Judge Rakoff in action for the first time, from the safety of the gallery).

Page 4 of 71234567