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Technology Made Privilege Logging Unwieldy. Can AI Fix It?

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 [...]

By |2024-04-15T18:19:34+00:00April 23rd, 2024|AI, e-discovery, Litigation Support, Privilege Log|0 Comments

March’s Notable Cases and Events in E-Discovery

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 [...]

By |2024-04-15T15:15:10+00:00April 15th, 2024|AI, e-discovery, Information Governance|0 Comments

Slack and Collaborative Work Tools: The Proper Scope of Discovery of Slack Channels

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 [...]

By |2024-03-06T21:49:42+00:00April 1st, 2024|AI, e-discovery, Litigation Support|0 Comments

The Justice Gap in Legal Tech: A Tale of Two Conferences and the Implications for A2J

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 [...]

Artificial Intelligence Prompts And When The Source Of The Error Is NOT Between The Keyboard And The Chair

'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 [...]

What is the role of a Special Master in eDiscovery Disputes?

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 [...]

By |2024-03-06T21:25:17+00:00March 21st, 2024|AI, e-discovery, Investigations, Litigation Support|0 Comments

5 Trends to Watch: 2024 eDiscovery & eRetention

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 [...]

Apps That Wipe Out Messages Fast Create E-Discovery Minefields

Ephemeral messaging apps, which automatically erase users’ messages in a short time, are being used more than ever in the workplace. Given the copious amounts of data these apps generate, it’s already having a significant effect on e-discovery and the legal field. This new form of communication hasn’t diminished attorneys’ ethical and legal obligations. Feigning [...]

Five Practice Pointers When eDiscovery Includes Slack and Other Collaborative Messaging Tools

Collaboration tools like Microsoft Teams and Slack are sources of information that often contain highly relevant communications important to any investigation or litigation. Many companies today are adopting these tools as their primary source of internal communication and collaboration. Because many companies have embraced these collaboration tools, so must the litigator when attempting to reconstruct [...]

By |2024-01-09T17:11:55+00:00January 19th, 2024|AI, ChatGPT, Collections, ediscovery, Litigation Support|0 Comments

Researchers warn we could run out of data to train AI by 2026. What then?

As artificial intelligence (AI) reaches the peak of its popularity, researchers have warned the industry might be running out of training data – the fuel that runs powerful AI systems. This could slow down the growth of AI models, especially large language models, and may even alter the trajectory of the AI revolution. But why [...]

By |2023-12-27T16:11:51+00:00January 19th, 2024|AI, Artificial Intelligence, e-discovery|0 Comments
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