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The way we communicate has changed dramatically in recent years, with businesses and individuals moving from traditional email to cloud-based collaboration platforms like Microsoft Teams, Slack, WhatsApp, Skype, and Telegram. As a litigator, you will inevitably need to obtain electronic communications stored on these platforms as part of discovery. But the process isn’t as simple [...]
Why Text Messages and Ephemeral Data Are Now Critical in eDiscovery For years, litigators focused on emails and corporate documents as the primary sources of discoverable evidence. But the way people communicate has changed. Today, crucial case evidence is just as likely—if not more likely—to be found in text messages, WhatsApp chats, Slack channels, and [...]
Client expectations have shifted significantly in today’s technology-driven world. Quick communication and greater transparency are now a priority for clients throughout the entire case life cycle. This growing demand for tech-enhanced processes comes not only from clients but also from staff, and is set to rise even further as more advances become available. If your [...]
Columnist David Lat speaks with attorneys Robert Keeling and Jonathan Redgrave about whether there’s been a shift to e-discovery specialization in boutiques, and what the rise of generative AI means for e-discovery. Last week, Redgrave LLP, a leading e-discovery and information-law boutique, announced the arrival of three new partners—Robert Keeling, Ray Mangum, and Kristen Knapp—along [...]
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 Northern District of California admonishing the parties’ counsel for failing to engage in appropriate negotiations regarding the search terms to be applied to the defendants’ electronically stored information (ESI) and imposing [...]
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 [...]
In this article we'll discuss a few recent cases that reflect how social media evidence can play an important role in establishing consumer confusion in trademark infringement lawsuits. As social media has become an essential tool for businesses trying to reach wider audiences and build brand recognition, it has also made way for an increase [...]
In the case In re Insulin Pricing Litig., No. 3:17-cv-0699 (BRM) (RLS), MDL No. 2080 (D.N.J. May 28, 2024), New Jersey Magistrate Judge Rukhsanah L. Singh ruled on several contested ESI issues in connection with the parties’ respective proposed ESI Protocols including hyperlinks, where she agreed with Defendants that “hyperlinks are not the same as [...]
Hyperlinked documents are increasingly common in enterprise work environments and pose some unique challenges for eDiscovery. A hyperlinked document is shared via a URL or link, directing the recipient to a file stored on a cloud server. Unlike traditional attachments, the underlying file is not transmitted to the recipient but remains under the sender’s control. [...]
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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