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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 [...]
Let’s say you’re moving, or about to move, firms, or maybe even starting your own practice. But your cases don’t stop just because your office is changing venues and many of those cases involve eDiscovery. So how do you cleanly, efficiently, and effectively move your cases with you? It’s not as easy as copying 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 District of Kansas finding that certain descriptions in a government agency’s categorical privilege log lacked sufficient detail and information to permit the Defendant and the court to assess the privileges claimed [...]
Part 2. In the two separate worlds of legal processes and Freedom of Information Act (FOIA)/public records requests, eDiscovery technology and standard workflows have emerged as powerful ways to streamline operations and ensure compliance. Particularly, the handling of FOIA requests and public records requests showcases the potential similarities between these processes and eDiscovery workflows. One [...]
The number of public records requests filed each year is on the rise, presenting a significant challenge for government agencies. One of the core obstacles faced by these agencies is the tight timing constraints imposed by laws governing these requests. Failure to meet these deadlines can result in severe consequences. To effectively manage these requests, [...]
Last time, we continued our “nuts and bolts” series of artificial intelligence (AI) for legal professionals with a look at several current legal use cases to which AI is being applied today that have demonstrated proven benefits. However, generative AI and large language model (LLM) technologies are beginning to play a significant role in eDiscovery [...]
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, [...]
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 [...]
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