Hon. Andrew J. Peck | DLA Piper

The Honorable Andrew J. Peck served for 23 years (from February 1995 until his retirement in February 2018) as a United States Magistrate Judge for the Southern District of New York, including a term as Chief Magistrate Judge from 2004 to 2005. Before his appointment to the bench, Judge Peck was in private practice for 17 years, focusing on commercial and entertainment litigation, including copyright and trademark matters, with extensive trial experience.

At DLA Piper, Judge Peck advises on copyright and trademark matters, and also serves as a resource for the firm and its clients on litigation strategy and discovery (including cross-border discovery) issues, from a Judge’s perspective. He frequently speaks at conferences concerning eDiscovery issues. Since joining DLA Piper, Judge Peck has been retained to serve as special discovery counsel to clients and law firms, and to submit expert reports on eDiscovery issues.

Judge Peck serves as an arbitrator, mediator, Special Master, and eDiscovery expert witness. In addition to serving directly through DLA Piper, Judge Peck is on the arbitration and mediation rosters of the American Arbitration Association (AAA), Federal Arbitration, Inc., and National Arbitration & Mediation (NAM).

Judge Peck is ranked in Band 1 by Chambers and Partners in their 2024 Chambers USA and Chambers Global 2024 guide in Nationwide E-Discovery & Information Governance. Chambers commented that “He is very knowledgeable on litigation tactics, ESI and much more. He is not only a complete subject matter expert, but he can anticipate what the opposing side will say”. The Legal 500 United States 2024 ranked DLA Piper’s eDiscovery team in Tier 2 and ranked Judge Peck as a “Leading Lawyer”, with client testimonials noting that Judge Peck is “very experienced in handling a variety of e-discovery matters”, is “very innovative when it comes to dispute resolution”, and “is highly respected in the practice area”. Who’s Who Legal 2024-25 ranked Judge Peck as a “Global Elite Thought Leader” in Commercial Litigation – Ediscovery.

Judge Peck serves as a permanent member on the Steering Committee of the prestigious Sedona Conference Working Group 1 (discovery) as Judicial member emeritus.

Judge Peck is recognized internationally for bringing electronic discovery competency to the attention of both the judiciary and bar. His landmark decision in the 2012 employment class action Monique Da Silva Moore, et. al. v. Publicis Groupe & MSL Group, was the first judicial decision approving the use of technology assisted review (TAR). By 2015, Judge Peck declared in Rio Tinto v. Valle that it was black-letter law that if the responding party wished to use TAR, courts would allow it. In the third of his trilogy of TAR cases, Hyles v. City of New York, he stated that while he preferred the use of TAR, neither the requesting party nor the court could require a reluctant responding party to use TAR.

On his retirement from the bench, the New York Law Journal in March 2018 called Judge Peck “one of e-discovery’s most influential figures”. Among the honors he has received, the American Lawyer named him to its list of the Top 50 Innovators of the Last 50 Years as its Judicial E-Discovery Innovator. In February 2022, he was awarded the Honorable Shira Scheindlin Lifetime Achievement in eDiscovery Hero Award, presented by Zapproved (now part of Exterro).

Rose J. Hunter Jones | Hilgers Graben PLLC

Rose is dedicated to understanding and managing the intersection of legal and technical issues that now largely dominate American and global litigation, data breach response, and government investigations. She devotes her entire practice to crisis management, eData, and technology.

Rose is ranked in Chambers USA and Chambers Global as one of the world’s top lawyers in e discovery litigation practice. According to Chambers USA, Rose is a “seasoned counsellor to clients on diverse e-discovery concerns as they relate to government investigations” while Legal 500 notes “Rose Jones is particularly experienced in cross-functional collaboration, advising businesses on information governance, data privacy and security, and discovery.”

Daniel M. Schiavetta | Russo & Gould LLP

Dan Schiavetta, of counsel to Russo & Gould LLP in New York City, has been a litigator for 30 years and is admitted in all New York and New Jersey state and federal courts and the Second and Third Circuit Courts of Appeals. For 20 years he defended the Catholic Church in sexual abuse cases and other matters. He also has wide experience in insurance coverage litigation, nursing home defense, and appellate practice.

He is a 1992 graduate of the University of California, Davis School of Law where he was a law review editor and moot court judge. In his previous career as a social worker he was the director of a crisis center and 24-hour hotline. He is also the author of “The Supreme Court for Short Attention Spans: 2000 Tiny Case Summaries Too Short to Bore You”, available on Amazon.

Session I – From Protocols to Privilege: Mastering Discovery under the FRCP | 1:00pm – 2:00pm

• Protecting privilege: The strategic use of Rule 502(d) orders
  ○ What 502(d) does and doesn’t protect
  ○ Model language and negotiation tips
  ○ Common missteps and how to avoid them
• Designing defensible ESI protocols
  ○ How to use the Rule 26(f) meet and confer to your advantage
  ○ Key provisions: Formats, metadata, de-duplication, redactions, and more
  ○ What courts expect (and reject) in ESI protocol disputes
• Proportionality in practice: Making Rule 26(b)(1) work for you
  ○ Tactical use of proportionality to limit scope or push back on overbroad requests
  ○ How to develop the factual record to support proportionality arguments
  ○ Recent cases and how courts are applying the factors post-2015 amendments
• Discovery dispute resolution: Rule 37 and getting the court involved without getting burned
  ○ When and how to escalate
  ○ Best practices for motion practice and informal resolution
  ○ Judicial pet peeves and how to avoid them

Break | 2:00pm – 2:10pm

Session II – Commencing an Action and Pleadings | 2:10pm – 3:10pm

• Filling suit and service of process
• The form of pleadings
• Third party practice
• Getting into Federal Court as a plaintiff: Federal issues and diversity
• Getting into Federal Court as a defendant: Removal
• Getting out of Federal Court: Rule 14, Rule 19, abstention doctrines, remand