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Many moons ago, when I was a litigation associate at a law firm, I spent a fair amount of time on discovery—yes, discovery and not e-discovery, because the process had not yet gone electronic. I would physically go to clients’ offices, review boxes and file cabinets brimming over with (paper) documents, and figure out how [...]
Over the past decade there has been an increasing usage of cloud-based storage systems, resulting in a speed bump in the legal discovery process: modern attachments. What are Modern Attachments? Modern attachments are links embedded within documents or emails which direct a user to external digital files stored elsewhere on platforms such as Google Drive, [...]
Summary: For better security when using AI in eDiscovery, cloud-based large language models and AI governance practices are critical for your program. We outline some key security considerations and benefits of these approaches. Security is a hot topic for legal teams considering AI. The technology is new to many legal and non-legal teams, it uses [...]
As technology continues to evolve, it reshapes the landscape of legal practices in ways you might not have imagined. You may find that digital tools streamline your workflow, enhance collaboration, and improve client interactions. From artificial intelligence-driven research to cloud-based practice management systems, these innovations not only boost efficiency but also allow you to focus [...]
In the ever-evolving landscape of legal technology, the sole reliance on traditional search terms is rapidly becoming outdated. The legal field has long depended on keyword searches to sift through vast amounts of documents. However, as technology advances, it’s clear that search terms may not be sufficient for the complex and nuanced needs of modern [...]
Social media platforms are one of society’s primary communication channels, not just for personal interactions but also for business communications. Consequently, collecting social media artifacts for eDiscovery purposes is a crucial aspect of many investigations and lawsuits. This process is complicated for many reasons, presenting unique challenges that legal professionals must carefully navigate. Challenge #1: [...]
The importance of early planning and thorough preservation of electronic data cannot be overstated, especially when it comes to litigation. In a recent case, Two Canoes LLC v. Addian Inc. (April 30, 2024), the failure to preserve WeChat messages on a mobile device led to significant complications, including potential sanctions. Let’s dive into this case [...]
While data from mobile devices is more frequently responsive in civil litigation than ever before, “true crime” aficionados know it’s routinely useful in criminal investigations. We take our devices with us and use them everywhere, creating a trail of evidence. From capturing incriminating photos and videos to tracking locations and analyzing online activities, mobile devices [...]
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 [...]
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 [...]
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