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You are viewing ARCHIVED CONTENT released online between 1 April 2010 and 24 August 2018 or content that has been selectively archived and is no longer active. Content in this archive is NOT UPDATED, and links may not function.Extract of interview with Judge Andrew J. Peck
How have you seen e-discovery evolve in the Southern District over time?
In late 2005 to early 2006, when I was raising e-discovery issues, lawyers would look at me, point to their gray hair (or lack of hair) and say, “Judge, I’m of a certain age. I don’t know anything about this computer stuff.”
Today, there are still a lot of lawyers that don’t know a lot about “computer stuff,” but at least they’re smart enough not to admit it in court. In the nine years since the 2006 FRCP amendment on e-discovery, there has been great improvement in the bar’s knowledge and sophistication with e-discovery. But there’s still a long way to go with many lawyers.
The other significant change is that we’ve gone from the days of eyes-on, manual review of every document—which was the norm when I started practicing—to the use of keywords and analytics. While keywords are still probably the norm, we now have predictive coding in the bigger cases. So the technology that lawyers can use to review ESI has certainly changed and improved over my years of practice and years on the bench.
Read the original article at Throwback: Judge Peck on Standout e-Discovery in New York City
