When Magistrate Judge Andrew J. Peck speaks, the e-discovery world listens. He was, after all, the first judge to approve the use of technology-assisted review in litigation. So it was notable earlier this month when Judge Peck not only spoke, but did so in order to turn down a request to mandate TAR.

In an Aug. 1 ruling, Judge Peck, who sits in the U.S. District Court in Manhattan, refused to order the city of New York to use TAR instead of keywords to search for relevant documents and emails. Attorneys for Pauline Hyles, a black female who is suing the city for workplace discrimination, had sought to force the city to use TAR, arguing it would be more cost efficient and effective than keyword searches.

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