I understand we live in a ‘first-to-press’ world, and I further understand that – most of the time – it’s important to get a story out as soon as possible. But, that doesn’t mix too well with judicial decisions. In my view, you should treat them like a fine meal.
Allow some time to digest them.
So, this is why I didn’t jump on the predictive coding decision by Judge Peck in Monique Da Silva Moore, et al., v. Publicis Groupe & MSL Group, Civ. No. 11-1279 (ALC)(AJP) (S.D.N.Y. February 24, 2012). The odds were, it would be contested and it is being contested; in rather strong language, I might add. A lot of that language is being directed at the alleged misconduct of Judge Peck, himself, among others. I’ve seen Judge Peck speak. Water off a duck’s back, I suspect.
As some of my colleagues would say, “That’s litigation.”