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In Safelite Grp., Inc. v. Lockridge, the U.S. District Court examined whether a cease-and-desist letter triggers a duty to preserve electronically stored information (ESI) and how routine deletion of text messages impacts spoliation sanctions under Rule 37. This case offers key lessons on preservation obligations, particularly when dealing with employees transitioning to competitors and the [...]
Columnist David Lat speaks with attorneys Robert Keeling and Jonathan Redgrave about whether there’s been a shift to e-discovery specialization in boutiques, and what the rise of generative AI means for e-discovery. Last week, Redgrave LLP, a leading e-discovery and information-law boutique, announced the arrival of three new partners—Robert Keeling, Ray Mangum, and Kristen Knapp—along [...]
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 [...]
This Sidley Update addresses the following recent developments and court decisions involving e-discovery issues: 1. A decision from the U.S. District Court for the Southern District of Ohio finding that a “an experienced businessman” was negligent in failing to discover and disable an auto-delete function on his phone that resulted in the loss of relevant [...]
Most lawyers know their main task is communication—explaining issues and educating clients, courts, or regulatory agencies to arrive at informed decisions or allow a dispute to end in their favor. So why do the words “artificial intelligence” cause some communicators to stammer, freeze, or lean on poorly defined jargon? Lawyers who counsel clients in acquiring [...]
In the ever-evolving landscape of legal technology, the sole reliance on traditional search terms is rapidly becoming outdated.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 [...]
This Sidley Update addresses the following recent developments and court decisions involving e-discovery issues: 1. A decision from the U.S. District Court for the Northern District of California admonishing the parties’ counsel for failing to engage in appropriate negotiations regarding the search terms to be applied to the defendants’ electronically stored information (ESI) and imposing [...]
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 [...]
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 [...]
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