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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 [...]
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 [...]
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 District of Kansas finding that certain descriptions in a government agency’s categorical privilege log lacked sufficient detail and information to permit the Defendant and the court to assess the privileges claimed [...]
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 Eastern District of California granting a motion to compel deposition testimony pursuant to Federal Rule of Civil Procedure 30(b)(6) related to certain “discovery on discovery” topics 2. a decision from the [...]
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 limiting a subpoena to Discord for electronically stored information (ESI) and declining to compel Discord to produce passwords and content for certain accounts, under 28 U.S.C. § [...]
ESI protocols have become a Frankenstein monster of requirements that create obligations well beyond the Federal Rules of discovery, addressing a vast array of discovery topics including search terms, privilege logs and technology-assisted review. What lessons can we take away from the overuse of ESI protocols? While not found in the Federal Rules of Civil [...]
Last time, we continued our “nuts and bolts” series on artificial intelligence (AI) for legal professionals with a look at transparency, explainability, and interpretability of AI – what these concepts are, how they differ, and the considerations associated with them. Now, we’ll discuss the importance of staying informed as it relates to legal technology. When [...]
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 [...]
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 [...]
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