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'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 [...]
1. Artificial Intelligence (AI) will increasingly be used for eDiscovery, but results could be a double-edged sword. The consensus within the eDiscovery community is that AI is a useful tool that attorneys should not fear. In fact, AI-based tools, such as predictive coding, privilege reviews, early case analysis, and incoming production analysis, provide vital support [...]
Last time, we continued our “nuts and bolts” series of artificial intelligence (AI) for legal professionals with a look at three recent American Bar Association (ABA) resolutions regarding AI. Laws and regulations regarding AI are continually evolving with many countries around the world still lacking comprehensive AI regulations. However, there are several existing frameworks and [...]
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 Northern District of California requiring the Defendant to provide, at the outset of a multidistrict proceeding, information about the approximately 15,700 recipients of its litigation hold notices and the sources of [...]
eDiscovery is the unsung hero of the modern legal saga. In today’s tech-packed world, the legal game is getting a makeover, and the star of the show is eDiscovery. As the digital data floodgates burst open, legal pros are realizing the need to hop on the eDiscovery train to make legal processes smoother. Let’s dive [...]
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 Northern District of California limiting a subpoena to Discord for electronically stored information (ESI) and declining to compel Discord to produce passwords and content for certain accounts, under 28 U.S.C. § [...]
ESI protocols have become a Frankenstein monster of requirements that create obligations well beyond the Federal Rules of discovery, addressing a vast array of discovery topics including search terms, privilege logs and technology-assisted review. What lessons can we take away from the overuse of ESI protocols? While not found in the Federal Rules of Civil [...]
2023 was an eventful year in the world of legal technology, with new technology emerging to address both traditional and new challenges legal teams face when collecting, processing, and reviewing data for litigation, investigations, or public access requests. What will 2024 hold, especially in the world of eDiscovery? We’ve captured the top trends for the [...]
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