* England has approved of the use of Facebook for service of legal documents. If the files went to “Other” messages, the defendant can probably claim ineffective service of process. [Associated Press]
- Allen & Overy, Biglaw, Breasts, Facebook, Morning Docket, Police, Stephen Breyer, Technology, United Kingdom / Great Britain, White & Case
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…
The first month of 2012 was a crazy one for internet law. The Stop Online Piracy Act gloriously crashed and burned, Apple is getting sued in China for naming rights to the iPad, and in America someone is suing to show that porn doesn’t deserve copyright protection. In the wake of all the hot debate and hot tempers, it seems some people highly invested in internet freedom and content protection have begun looking to gain support for their causes outside of the legislature.
This week, we learned from a couple news stories that advocates from both sides of the internet aisle have turned to lawyers and the court system to defend their causes. Earlier this week, some OG internet pioneers testified to a jury, and a major media company executive has begun courting law professors for support.
I’m not sure whether I think the fact that people have decided the legal system is a good place to argue high-level, fundamental internet freedom questions is impressive (give yourselves a pat on the back, attorneys, you are hip to the tech set now), or a little bit scary (do these people realize how technophobic lawyers can be?).
You will have to decide for yourself…
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….
So, I’ve been in New York for a few days now. I’ve eaten pizza the way you are supposed to, I’ve spent a lot of time underground, and I’ve stayed out drinking until 4 a.m. Just the usual stuff people do here.
On Monday afternoon, everyone was caffeinated, and the halls of the New York Hilton were crowded. I attended my first panel yesterday morning: “Global Trends in Law and Technology.” The panelists covered some familiar topics, and the discussion revealed an important shift in the way attorneys relate to technology.
The times they are a-changin’….
Keyword searching is absolutely terrible, in terms of statistical responsiveness.
– Magistrate Judge Andrew Peck (S.D.N.Y.), in a panel today at the LegalTech conference. He spoke alongside Wachtell Lipton counsel Maura Grossman and Jackson Lewis partner Ralph Losey, on a panel that aimed to demystify cutting-edge, computer-assisted e-discovery technology. Peck is a vocal proponent of computer-assisted discovery and predictive coding. He is not a fan of the slightly older keyword-searching technology.
(A few minutes later, Losey had another strong opinion to add. See what was said, after the jump.)