Closing The Loop

Articles on Views From the Bench

Judge Waxse on Why Judges Shouldn't 'Sit Back and Let Lawyers Litigate'

Cooperation, Magistrate Judge David J. Waxse has noted, is written into human DNA, an evolutionary adaptation that has emerged over millennia—though one might not realize it when looking at contemporary litigat... Casey C. Sullivan   |     24 Jul 2017

Judge Waxse on Getting to Just, Speedy, Inexpensive and Why Lawyers Need to Change

Over his 18 years on the bench, Magistrate Judge David J. Waxse, of the District of Kansas, has authored many noteworthy opinions on eDiscovery, including on the production of documents in their native format a... Casey C. Sullivan   |     20 Jul 2017

Judge Peck on the IoT, TAR, and Avoiding 'Discovery About Discovery'

No one has ever accused Judge Andrew J. Peck of being too timid when it comes to pushing the bar forward, whether it’s over boilerplate objections or the benefits of certain discovery technologies. In 2011, for... Casey C. Sullivan   |     05 Jun 2017

A Teaching Experience: Judge Peck on Discovery, the Decline of Trials, and More

Judge Andrew J. Peck has been a leading name in eDiscovery all the way back to at least 1995, when he was first appointed Magistrate Judge for the Southern District of New York. Just a few months after taking t... Casey C. Sullivan   |     01 Jun 2017

Kicking the Hornet’s Nest: Judge Francis on eDiscovery, Inherent Authority, and the Supreme Court

Over more than thirty years on the bench, Magistrate Judge James C. Francis IV has seen discovery evolve from associates sifting through stacks of paper to technologically sophisticated systems culling through ... Casey C. Sullivan   |     25 May 2017

‘All I Need to Find Is That It Works’: Judge Maas on Modern eDiscovery

Over his 17 years as a magistrate judge for the U.S. District Court for the Southern District of New York, Judge Frank Maas earned a nationwide reputation as a leading jurist in the area of eDiscovery law, a te... Casey C. Sullivan   |     17 May 2017

Judge Scheindlin on the Goodyear Decision, Inherent Authority, and Sanctions

Over her nearly 22 years on the bench, Judge Shira A. Scheindlin left her mark on everything from the trial of John Gotti Jr., to the New York Police Department’s “Stop and Frisk” policy. But many of Judge Sche... Casey C. Sullivan   |     15 May 2017

Judge Scheindlin on Proportionality, Technology, and the Future of Discovery

Few people have had as much of an impact on modern eDiscovery as Judge Shira A. Scheindlin. As District Judge for the Southern District of New York, her series of groundbreaking decisions in Zubulake v. UBS War... Casey C. Sullivan   |     11 May 2017
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