Beyond TAR 2.0: Exploring the Current State of TAR

Andrea L. D'Ambra is a partner in the New York office and the U.S. Head of eDiscovery and Information Governance. Andrea focuses her practice on data privacy, e-discovery, cross border discovery, and cybersecurity.

Andrea assists clients in navigating foreign data privacy laws while complying with US discovery obligations and is a recognized thought-leader on the discovery challenges posed by emerging technologies.

During the past three years, Andrea has developed a particular specialty leveraging advanced technology to quickly, efficiently, and defensibly respond to HSR second requests and other regulatory investigations.

Recently, she represented a target corporation in the first European Commission DG Comp investigation where the parties were permitted to use Technology Assisted Review to identify documents relevant to the inquiry.

The Honorable Andrew J. Peck served for 23 years 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 innovative and efficient solutions to the challenges of information management, both within and outside the litigation context. 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 in state court cases. Judge Peck is ranked by Chambers as "Recognized Practitioner" for "Litigation: E-Discovery in USA- Nationwide."

Judge Peck also is available to serve as an arbitrator, mediator and Special Master. 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 and Mediation (NAM).

Judge Peck is recognized internationally for bringing electronic discovery competency to the attention of both the judiciary and bar. Indeed, he is widely described as the first judge to tackle the subject of e-discovery head on, most notably in the influential 1995 decision Anti-Monopoly v. Hasbro, in which Judge Peck found that "it is black letter law that computerized data is discoverable if relevant." Also among his legacy rulings is the 2012 employment class action Monique Da Silva Moore, et. al. v. Publicis Groupe & MSL Group, the first judicial decision approving the use of technology-assisted review. 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 March 2018, the New York Law Journal called Judge Peck "one of e-discovery's most influential figures."

Among the honors he has received, American Lawyer named him to its list of the Top 50 Innovators of the Last 50 Years as its Judicial E-Discovery Innovator.