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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 Northern District of California requiring that the parties’ protocol for the production of electronically stored information (ESI) would not contain an obligation to produce contemporaneous versions of documents hyperlinked in email [...]
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 [...]
E-discovery is an essential component of most employment-related lawsuits. Modern technology and communication tools have substantially increased the volume of electronically stored information (ESI) in the workplace. Most employment disputes, including claims involving discrimination, harassment, retaliation, and breaches of restrictive covenants, are fact intensive, further increasing the relevance of email and other electronic communications. The [...]
Scenario A complex civil litigation involves multiple defendants, multiple classes of plaintiffs, and complicated causes of action that hinge on synthesizing large amounts of data. The plaintiffs seek broad discovery of defendants’ data, business records, instant messaging systems, phone records, text messages, and other electronic materials. The parties disagree about the types of information to [...]
Business today is complex. When conflicts, bribery accusations, employment disputes, and white-collar crime allegations emerge, your effective response is a mandatory action. While there are legal and ethical obligations to conduct thorough investigations, the ideal scenario is to mitigate or arbitrate issues before they escalate into full-blown matters. At the same time, eDiscovery technologies and [...]
The Metaverse For most Electronic Discovery and legal professionals, the term “meta” recalls document review and pesky data about data that increasingly can make or break a case. But Facebook’s massive rebrand as Meta may be the harbinger of something more impactful to the practice of law and eDiscovery than even the 2006 amendments to [...]
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 [...]
In the ever-evolving legal landscape, law firms are increasingly turning to Alternative Legal Service Providers (ALSPs) to meet their diverse needs. These providers offer a wide array of services, from legal research and document review to process optimization and contract management. In this article, we’ll dive into the world of ALSPs, exploring their emergence, growth, [...]
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 [...]
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