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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 [...]
'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 [...]
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 [...]
Last time, we continued our “nuts and bolts” series on artificial intelligence (AI) for legal professionals with a look at transparency, explainability, and interpretability of AI – what these concepts are, how they differ, and the considerations associated with them. Now, we’ll discuss the importance of staying informed as it relates to legal technology. When [...]
In the evolving world of e-discovery, the latest entrant is generative artificial intelligence (Gen AI), reshaping traditional practices and challenging established norms. As e-discovery professionals have adapted to changes from email to collaboration platforms, Gen AI presents new complexities, particularly in custodian identification and evidence authentication. The Evolving Role of Custodians in E-Discovery Traditionally, e-discovery [...]
Generative AI is the “elephant in the room” these days – you can’t get away from talking about it. Whether it’s the amazing things it can do (like serving as officiant in a wedding or finding the right diagnosis for a boy’s pain after 17 doctors failed to do so), the issues it causes (like [...]
Along with offering key impressions of leading providers in the sector, the 9th annual E-Discovery Unfiltered: A Survey of Current Trends and Candid Perspectives report identifies the market shifts, pricing patterns, artificial intelligence developments, and data management practices that are driving the transformation of e-discovery. Between February 23, 2023, and April 10, 2023, I personally [...]
During a recent webinar with Today’s General Counsel, John Tredennick and William Webber of Merlin Search Technologies discussed new technology that integrates machine learning tools to find documents and large language models and ultimately uses ChatGPT to conduct investigations and discovery. GPT and other large language models have no access to information that exists outside [...]
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 Southern District of New York denying spoliation sanctions and declining to extend the Defendants’ preservation obligations to require them to create new documents by recording content streaming over social media applications [...]
The legal writing classes required of first-year law students tend to polarize students. Some love legal writing, deriving pleasure from the highly formulaic yet eminently adaptable paradigms of legal analysis. Others loathe it, feeling that it stifles creativity, imposing a repetitive and cumbersome structure on what might otherwise be a compelling and concise argument. As [...]
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