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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 [...]
Judges have heard every justification imaginable, so perhaps that is why when it comes to failing to produce evidence, especially evidence covered in discovery orders, judges are not amused with creative explanations or convoluted excuses. And yet, motions and orders dealing with failure to produce or other eDiscovery oopsies continue to show up in court [...]
If you had asked me in law school what area of law I hoped to practice, the answer would not have been E-Discovery. Frankly, I had no idea E-Discovery attorneys existed or awareness that E-Discovery was even a practice area then. The concept of E-Discovery was, at least, mentioned in my first year Civil Procedure [...]
Let’s say you’re moving, or about to move, firms, or maybe even starting your own practice. But your cases don’t stop just because your office is changing venues and many of those cases involve eDiscovery. So how do you cleanly, efficiently, and effectively move your cases with you? It’s not as easy as copying and [...]
When considering the industries that emerging technology can affect, the field of law practice is the least likely one to come to mind. However, the impact of growing technological advancements on the legal field has been significant and far-reaching, transforming many facets of legal practice. Technology has completely changed how attorneys gather evidence, formulate cases, [...]
There’s no denying it—artificial intelligence is changing the legal landscape. Generative AI and the use of machine learning promise to boost efficiency and reduce prep time through multiple phases of litigation. For depositions in particular, AI can cut through a tsunami of document review and help identify the connections, contradictions, and facts to explore during [...]
The legal industry is undergoing a profound transformation, driven by the convergence of disruptive technologies and the rise of a new generation of legal professionals. As an industry veteran, I have witnessed the immense potential of innovation to revolutionize the way we approach projects, handle data, and view emerging trends. Embracing what is coming will [...]
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 [...]
Last time, we continued our “nuts and bolts” series of artificial intelligence (AI) for legal professionals with a look at several current legal use cases to which AI is being applied today that have demonstrated proven benefits. However, generative AI and large language model (LLM) technologies are beginning to play a significant role in eDiscovery [...]
Rulings on eDiscovery Increased in 2023 Decisions on eDiscovery in U.S. District Court cases increased by 10% in 2023 even as civil case filings dropped by 8%, according to the eDiscovery Assistant 2023 Case Law Report released late last month. The report also categorizes the top issues in eDiscovery cases last year. Failure to produce, [...]
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