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March’s Notable Cases and Events in E-Discovery

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 [...]

By |2024-04-15T15:15:10+00:00April 15th, 2024|AI, e-discovery, Information Governance|0 Comments

January’s Notable Cases and Events in E-Discovery

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. § [...]

Lessons Learned From the Overuse of ESI Protocols

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 [...]

ABA Guidance on the Use of AI

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 [...]

Overcoming eDiscovery-related chat data challenges: Part 2 – Prior to an Investigation

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 : Modern and Multi-Channel Conversations

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 [...]

By |2023-03-02T21:07:11+00:00March 2nd, 2023|Collections, e-discovery, Litigation|0 Comments

Are Federal eDiscovery Rules Different from State eDiscovery Rules?

by Jeremy Greer | Tue, Sep 13, 2022 The process of gathering evidence for use in a civil or criminal trial is known as discovery. This process can be complicated and time-consuming, especially when electronic evidence is involved. In the past, the discovery process was mainly handled through paper documents that were exchanged between the [...]

TLA and FLA Acronyms You Need to Know: Legal Technology Trends

We have a lot of two and three letter acronyms (TLAs) and four and five letter acronyms (FLAs) in our industry and it seems like there are some we all should know at this point. Here are TLA and FLA acronyms that I think we all need to know. My English teacher taught me to [...]

By |2022-08-29T19:13:16+00:00August 29th, 2022|ediscovery, Law, Litigation Support|0 Comments

eDiscovery’s Role in Corporate Internal Investigations

April 28, 2022 by Brian Schrader, Esq. | 6 min read eDiscovery’s Role in Corporate Internal Investigations Here’s why you should leverage eDiscovery for corporate internal investigations. Too many organizations treat corporate internal investigations and eDiscovery efforts as two separate domains, but the simple truth is that internal investigations and eDiscovery processes are not all [...]

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