Category Archives: Sampling

An On-the-Record Colloquy about Predictive Coding With Judge Peck

U.S. Magistrate Judge Andrew J. Peck

We all talk all the time about predictive coding, but it is not often that you get perspective on it direct from the battle-scarred trenches of high-stakes litigation. Over at Law Technology News, editor Sean Doherty reports on a recent hearing before U.S. Magistrate Judge Andrew J. Peck of the Southern District of New York in which Judge Peck ordered the parties to adopt a protocol for e-discovery that includes the use of predictive coding. It appears to be the first federal case to formally endorse the use of predictive coding, Doherty writes.

The case, Monique Da Silva Moore v. Publicis Groupe, is a class action alleging widespread discrimination against women employed by one of the world’s “big four” advertising conglomerates. In a sometimes contentious Feb. 8 teleconference with Judge Peck — of which LTN has published the transcript — the parties debate sanctions and various Continue reading

‘Mt. Hawley’ Affirmed and Claim Dismissed: District Judge Again Puts His Stamp of Approval on Troubling Rulings

For over a year, we have been writing about a West Virginia decision (and its progeny) that we believe went too far in making new e-discovery law. The original decision, issued May 18, 2010, was styled Mt. Hawley Insurance Co. v. Felman Production. You can read my original post at: Bad Facts Make Bad Law: ‘Mt. Hawley’ A Step Backward for Rule 502(b).

In that decision, Magistrate Judge Mary E. Stanley held that Felman had waived attorney-client privilege by inadvertently producing a smoking-gun email to counsel suggesting that it might be helpful to their insurance claim for business interruption to backdate several orders from clients. If the orders had come in while the machinery in question was under repair, that might provide support for their $38 million dollar insurance claim. You have to love their chutzpa Continue reading

Does Sampling Case Set a ‘Dangerous Precedent’?

At her On the Case blog for Thomson Reuters, Alison Frankel has an intriguing report about a U.S. magistrate judge’s order in an e-discovery dispute that has prompted the U.S. Chamber of Commerce to leap into the fray, warning that the order, if allowed to stand, will set “a dangerous precedent” and will be of “profound significance to businesses in America.” In what Frankel describes as a “venture into the weeds of a federal district court discovery dispute,” the Chamber has filed an amicus brief in U.S. District Court in Manhattan asking a federal judge to overturn the order. The Washington Legal Foundation and the International Association of Defense Counsel have also weighed in as amicus. Continue reading