Andrew J. Peck

Judge Peck's key eDiscovery opinions are:

• Fischer v. Forrest, 14 Civ. 1304 & 1307, 2017 WL 773694 (S.D.N.Y. Feb. 28, 2017) (Rule 34)
• Hyles v. New York City, 10 Civ. 3119, 2016 WL 4077114 (S.D.N.Y. Aug. 1, 2016) (requesting party cannot force responding party to use TAR)
• Rio Tinto PLC v. Vale S.A., 14 Civ. 3040, 2015 WL 4367250 (S.D.N.Y. July 15, 2015) (appointing TAR Special Master)
• Rio Tinto PLC v. Vale S.A., 306 F.R.D. 125 (S.D.N.Y. 2015) (black-letter law that responding party can use TAR)
• Da Silva Moore v. Publicis Groupe, 287 F.R.D. 182 (S.D.N.Y. 2012) (first judicial decision approving use of predictive coding aka TAR), aff'd, 2012 WL 1446534 (S.D.N.Y. Apr. 26, 2012)
• William A. Gross Constr. Assocs., Inc. v. Am. Mfrs. Mut. Ins. Co., 256 F.R.D. 134 (S.D.N.Y. 2009) (keyword search) 
• In re NTL, Inc. Sec. Litig., 244 F.R.D. 179 (S.D.N.Y 2007) (possession, custody or control; spoliation & adverse inference instruction), aff'd, 2007 WL 1518632 (S.D.N.Y. May 17, 2007)
• Anti-Monopoly, Inc. v. Hasbro, Inc., 94 Civ. 2120, 1995 WL 649934 (S.D.N.Y. Nov. 3, 1995) (discoverability of computerized data)

Chambers USA (2024) and Chambers Global (2024)

• Ranked in Band 1, Nationwide E-Discovery & Information Governance
• Continuously ranked starting in 2019 (on retirement from the Bench in 2018)

Chambers says “Judge Peck’s former position as a US Magistrate Judge, and prior experience as a broad-based commercial litigator, makes him a unique asset to clients, who regularly engage him as special e-discover counsel.” Clients say “He is an expert and giant in his field.”  “They don’t get any better than Judge Peck. He’s sophisticated on the law and a great communicator, but he’s also got trial skills, the ability to mentor, and the willingness to learn technology.”  “His relationship with the bench is helpful and his experience is one I look upon. He is thoughtful in his approach to these issues and understands what the court is looking for, being a former judge himself.” “Judge Peck has a stellar reputation and he is on of the leading and most well-known experts in the country.” “Judge Peck’s wisdom is truly unparalleled on issues of legal technology, best practices surrounding ediscovery…. He is universally respected as the leader in the industry.”

The Legal 500 United States (2024)

• Leading Lawyer, E-Discovery (2024)
• Continuously ranked since 2020

Clients say, "'Judge Peck brings an excellent perspective to matters'.  'The firm has a number of highly experienced and knowledgeable e-discovery practitioners including former Magistrate Judge Andrew Peck'."

WWL Who’s Who Legal (2025)

•  Ranked as a Global Elite Thought Leader in Commercial Litigation, ediscovery

Additional Awards

• Marquis Who’s Who in America (2024)
• Law Technology News – Champion of Technology Award (2011)
• Electronic Discovery Institute – Judicial Leadership Award (2013)
• Zapproved Pinnacle Award for providing direction on how to handle the rapidly changing demands of electronic discovery in civil litigation (January 30, 2018)
• American Lawyer Judicial E-Discovery Innovator, on its list of the Top 50 Innovators of the Last 50 Years

• "Lessons Learned from the Overuse of ESI Protocols," New York Law Journal (January 5, 2024) (with David Kessler, Ellen Blanchard, & Esther Clovis)
• The Sedona Conference TAR Case Law Primer, Second Edition (2023) (Steering Committee Liaison)
• The Sedona Conference Commentary on the Need for Guidance and Uniformity in Filing ESI and Records Under Seal (2022) (Steering Committee Liaison)
• "California Bill Barring Privacy Protections in Litigation Would Have Significant, Negative Consequences," New York Law Journal (August 8, 2022)(with Chris Campbell, Leeanne Mancari and Christopher Young)
• ESI Protocols: ESI Tool Turned ESI Problem, SDNY Federal Bar Association Newsletter (September 2021) (with Dawson Horn and David Kessler) 
• The Sedona Conference Commentary on the Effective Use of Federal Rule of Evidence 502(d) Orders (2021) (Co-editor-in-chief and Steering Committee Liaison)
• Exterro Case Law Alerts, "Expert Analysis" (periodically)
• A View from the Bench and the Trench(es) in Response to Judge Matthewman's New Paradigm for E-Discovery: It’s More Complicated, 71 Fla. L. Rev. F. 143 (2020)
• "Defensible Deletion: The Proof Is in the Planning," New York Law Journal (January 29, 2021) (with Jennifer Feldman, Leeanne Mancari, and Dennis Kiker), reprinted in Texas Paralegal Journal, Spring 2022 (vol. 27, #4)
• The Sedona Conference Commentary on Rule 45 Subpoenas to Non-Parties, Second Edition (October 2020) (Co-editor-in-chief and Steering Committee Liaison)
• Keeping Civil Cases Civil: A Best Practices Guide From 4 Perspectives, ACC.com (with Vincent Montalto, Cara D. Edwards, and Reyna E. Kessler)
• Foreword, TAR for Smart People (3d edition 2018), by John Tredennick
• Creating Cooperation in Discovery: Musings on Building Trust, N.Y.L.J. (April 9, 2018) (with Dawson Horn and David Kessler)
• Judge Andrew J. Peck, 1 of E-Discovery's Most Influential Figures, Retires from the Branch, by Ian Lopez, N.Y.L.J. (March 5, 2018)
• The Sedona Conference Federal Rule of Civil Procedure 34(b)(2) Primer: Practice Pointers for Responding to Discovery Requests, 19 Sedona Conf. J. 447 (2018) (Judicial Participant)
• The Sedona Principles, Third Edition, 19 Sedona Conf. J. 1 (2018) (Judicial Participant and Editorial Style Committee member)
• The Sedona Conference TAR Case Law Primer, 18 Sedona Conf. J. 1 (2017) (Judicial Observer)
• Foreword, Perspectives on Predictive Coding (edited by Jason Baron, Ralph Losey and Michael Berman), American Bar Association (2016)
• The Sedona Conference Commentary on Protection of Privileged ESI, 17 Sedona Conf. J. 95 (2015) (Judicial Participant)
• Foreword, A Survey of Emerging Issues in Electronic Discovery, 26 Regent Univ. L. Rev. 1 (2013-2014)
• E-Discovery: Where We've Been, Where We Are, Where We're Going, 12 Ave Maria L. Rev. 1 (2014) (with Magistrate Judge John Facciola and Steven Teppler)
• Search, Forward: Will manual document review and keyword searches be replaced by computer-assisted coding?, Law Technology News (Oct. 2011)

While on the Bench and continuing at  DLA Piper, Judge Peck has attended and been a speaker (often on a judges panel) at the following  important industry ediscovery conferences:

• The Sedona Conference WG1 Midyear and Annual Meetings
• The Sedona Conference WG6 (cross-border discovery) Meetings
• The Sedona Conference Negotiation Training Program
• The Sedona Conference Institute
• Georgetown Advanced Ediscovery Institute
• EDI (Electronic Discovery Institute) Leadership Summit
• Duke Law School Bolch Judicial Institute programs
• PLI Ediscovery
• PLI Trial Evidence
• Today’s General Counsel Institute
• National Ediscoverey Leadership Institute (NELI)
• LegalTech (now Legal Week)
• ABA Cross Border Discovery Institute, Europe
• Sandpiper Partners , Hot Topics in Ediscovery

Judge Peck also is a frequent attendee and speaker at conferences by major ediscovery vendors, including:

• Relativity Fest (and Relativity Fest London)
• Consilio
• Everlaw summit: Illuminate
• Innovative Driven
• Zapproved PREX
• Exterro Exchange and Infusion conferences
• Lighthouse Illuminations Conference

Judge Peck  speaks on a monthly ediscovery caselaw webinar sponsored by EDRM and Ediscovery Today.

• SDNY-EDNY Local Rules Committee – member and former Co-Chair
• Second Circuit Federal-State Judicial Council
• Sedona Conference Working Group 1 (Electronic Discovery) Steering Committee
• LegalTech Educational Advisory Board
• Judicature Editorial Board, Bolch Judicial Institute, Duke Law School
• Duke Law Bolch Judicial Institute, Advisory Board
• Georgetown Advanced Ediscovery Institute (AEDI) Advisory Board, Georgetown Law School
• EDRM Advisory Board
• New York State Bar Association Commercial & Federal Litigation Section, Executive Committee