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This Sidley Update addresses the following recent developments and court decisions involving e-discovery issues: 1. A decision from the U.S. District Court for the Southern District of New York ordering the plaintiff to implement added data security measures to certain electronically stored information (ESI) produced by the defendant and declining to shift the costs of [...]
Generative artificial intelligence is gaining attention in the legal profession. AI use related to discovery in litigations raises interesting prospects. But lawyers must understand the risks and ensure their clients’ documents are protected when produced in discovery. Although many lawyers have used AI tools for more than a decade, the advent of generative AI has [...]
A recent decision in ediscovery case law, Maziar v. City of Atlanta from June 10, 2024, underscores the crucial importance of early preservation, particularly regarding text messages from mobile devices. This case, presided over by United States District Judge Steven Grimberg, offers valuable lessons for litigation professionals. Notably, it represents one of the first instances [...]
Artificial Intelligence (AI) is not a new concept, with the term widely accepted to have entered popular usage as early as 1955 when computer scientist (and AI founding father) John McCarthy coined it as part of his efforts to consolidate thinking and new ideas around ‘thinking machines’. The following year, McCarthy and others organized the [...]
If you ask most legal professionals about discovery of data from mobile devices, the discussion typically turns to text messages. However, there are several other data types unique to mobile devices that are not only discoverable, but often important in litigation and other discovery use cases as well. Not only that, but each device has [...]
This Sidley Update addresses the following recent developments and court decisions involving e-discovery issues: 1. An amendment to the Joint Local Rules of the Eastern and Southern Districts of New York effective July 1, 2024, amending Local Rule 26.2(c) to address the potential use in certain circumstances of categorical or metadata privilege logs instead of [...]
Each year, technological advances help make our jobs and lives easier. Delve into the latest eDiscovery trends and how to prepare to take full advantage of the benefits, and learn some of the accompanying caveats. Let's get started with the predictions for eDiscovery in 2024. The Latest eDiscovery Trends Providing much of the fuel for [...]
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 that the parties’ protocol for the production of electronically stored information (ESI) would not contain an obligation to produce contemporaneous versions of documents hyperlinked in email [...]
Judges have heard every justification imaginable, so perhaps that is why when it comes to failing to produce evidence, especially evidence covered in discovery orders, judges are not amused with creative explanations or convoluted excuses. And yet, motions and orders dealing with failure to produce or other eDiscovery oopsies continue to show up in court [...]
If you had asked me in law school what area of law I hoped to practice, the answer would not have been E-Discovery. Frankly, I had no idea E-Discovery attorneys existed or awareness that E-Discovery was even a practice area then. The concept of E-Discovery was, at least, mentioned in my first year Civil Procedure [...]
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