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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, [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
Case law precedent is instructive as to how to conduct chat/collaboration apps discovery. Court rulings regarding proportionality and authentication of chat/collaboration data have illustrated that courts are treating this evidence according to the same standards by which they treat more traditional evidence, like email. Judicial precedent imposing sanctions shows that failure to adhere to your [...]
The way we communicate as a society continues to evolve. It has evolved from phone communications, typed letters and in-person meetings to email communications and teleconferencing over the past several decades. And it’s continuing to evolve today. The use of mobile devices has increased dramatically in recent years, and with them, the use of messaging [...]
By: Doug Austin January 2023 Here are the 5 legal tech predictions for 2023 (sure to go wrong) that I expect to be on the radars of eDiscovery and legal professionals: Legal Tech Funding Will Remain Uncertain The incredible run for legal tech funding slowed down considerably in 2022, based on an article I covered [...]
By Jim Gill | June 15 2022 Complex data sources – such as chat messages or a SaaS application’s user interface – are called that for a reason in the world of ediscovery: namely because it’s challenging to reproduce the data in a way that’s useful for attorneys and investigators. In recent case law, there [...]
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