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Rulings on eDiscovery Increased in 2023 Decisions on eDiscovery in U.S. District Court cases increased by 10% in 2023 even as civil case filings dropped by 8%, according to the eDiscovery Assistant 2023 Case Law Report released late last month. The report also categorizes the top issues in eDiscovery cases last year. Failure to produce, [...]
Of the many changes former U.S. Magistrate Judge Andrew J. Peck saw during his decades on the bench at the U.S. District Court for the Southern District of New York, there is one in particular that is continuing to cause him growing concern. “When I got on the bench in 1995, the privilege logs in [...]
Early Assessment of Potentially Relevant ESI In many organizations, employees typically send and receive hundreds of emails (or more) each week, maintain electronic calendars, and store numerous electronic files on their hard drives and company shared drives and in cloud-based storage. Given the volume of data, employers should conduct a preliminary assessment and review of [...]
E-discovery is an essential component of most employment-related lawsuits. Modern technology and communication tools have substantially increased the volume of electronically stored information (ESI) in the workplace. Most employment disputes, including claims involving discrimination, harassment, retaliation, and breaches of restrictive covenants, are fact intensive, further increasing the relevance of email and other electronic communications. The [...]
This Sidley Update addresses the following recent developments and court decisions involving e-discovery issues: 1. an order from the U.S. District Court for the Eastern District of California granting a motion to compel deposition testimony pursuant to Federal Rule of Civil Procedure 30(b)(6) related to certain “discovery on discovery” topics 2. a decision from the [...]
Slack, the collaborative workspace designed to streamline real-time communications between business teams, poses some challenges in the eDiscovery context (see our prior blog post). This blog post discusses a recent decision that explores the proper scope of discovery regarding Slack messages – specifically, whether each individual Slack message should be treated as a discrete document [...]
In the blur of activity that was last week, I attended two legal tech conferences, plus an adjacent legal technology summit. After starting the week in New York at the glitzy celebration of big law tech that is Legalweek, and ending it in Charlotte, N.C., at the Legal Services Corporation’s Innovations in Technology Conference devoted [...]
'Prompt engineering' is a hot topic, but what if every generative AI tool has a different vision of what amounts to a good prompt? Boolean mastery was once the coin of the legal writing realm. Marrying keen legal thinking, a sense of how courts write, and the ability to appreciate the difference between a timely [...]
Scenario A complex civil litigation involves multiple defendants, multiple classes of plaintiffs, and complicated causes of action that hinge on synthesizing large amounts of data. The plaintiffs seek broad discovery of defendants’ data, business records, instant messaging systems, phone records, text messages, and other electronic materials. The parties disagree about the types of information to [...]
In legal matters, e-discovery is revolutionizing how legal professionals handle evidence. E-discovery, or electronic discovery, refers to the process of seeking, locating, securing, and searching electronic data with the intent of using it as evidence in legal cases. From emails and documents to social media interactions and cloud storage, digital footprints are increasingly pivotal in [...]
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