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How Much Detail is Enough in a Privilege Log?

In Southern Pine Credit Un. v. Southwest Marine & Gen’l. Ins. Co., et al., 2024 WL 1361891 (M.D. Ga. Mar. 29, 2024), the court addressed the amount of detail that must be in a privilege log. Southern Pine brought a breach of contract action after its claim on a dishonesty bond was denied. There were [...]

How do eDiscovery Services handle Large Volumes of Electronic Data in Litigation Cases?

The investigation portion of lawsuits involves both parties asking each other for information. Electronic discovery or eDiscovery is the process of electronically identifying, collecting, preserving, reviewing, and producing electronically stored information (ESI) for legal proceedings or investigations. This discovery process is part of all civil cases and aims to find admissible evidence in a civil [...]

Resourcing Your Public Records/FOIA Requests Response with a Lean Team

Part 3. When it comes to managing FOIA (Freedom of Information Act) and similar public records requests, resourcing your team effectively is crucial. Even with a small team, you can achieve a lot by appointing an expert internally and implementing a few key strategies. Begin by identifying which departments receive the most FOIA requests. Assign [...]

What are the Growing Challenges with Public Records/FOIA Requests?

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, [...]

The Importance of Attorney Oversight in ESI Collection; Dangers of Client Self-Collection

In litigation, allowing a client to handle the process of collecting its electronic discovery without adequate attorney oversight of quality control validation can lead to serious trouble for all concerned. Courts throughout the country have repeatedly held that attorneys have professional and ethical duties to ensure the adequacy of their clients’ actions in identifying, preserving, [...]

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

Overcoming eDiscovery-related chat data challenges: Part 2 – Prior to an Investigation

Consider ease of compliance when procuring chat software The pandemic accelerated the adoption of chat and collaboration software within businesses. While chat platforms are convenient for business communications, naturally many were built with a focus on user experience for communications and collaboration, rather than how well they perform from a compliance or eDiscovery point of [...]

October’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 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 [...]

Lawyers brace for AI’s potential to upend court cases with phony evidence

Emma Colton Thu, May 11, 2023 Images generated by artificial intelligence are becoming more convincing and prevalent, and they could lead to more complicated court cases if the synthetic media is submitted as evidence, legal experts say. "Deepfakes" often involve editing videos or photos of people to make them look like someone else by using [...]

The Case for Targeted Smartphone Data Collection

By: Greg Mazares - ModeOne May 3, 2023 Post-pandemic business operations for thousands of companies have evolved into a collection of remote workers bonded together by mobile devices and other emerging technologies. Today’s electronic discovery services require tremendous focus on short message applications and videoconferencing collaboration tools such as Zoom, Teams, and Slack. Certainly, evidence [...]

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