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Of the many changes former U.S. Magistrate Judge Andrew J. Peck saw during his decades on the bench at the U.S. District Court for the Southern District of New York, there is one in particular that is continuing to cause him growing concern. “When I got on the bench in 1995, the privilege logs in [...]
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 [...]
'Prompt engineering' is a hot topic, but what if every generative AI tool has a different vision of what amounts to a good prompt? Boolean mastery was once the coin of the legal writing realm. Marrying keen legal thinking, a sense of how courts write, and the ability to appreciate the difference between a timely [...]
1. Artificial Intelligence (AI) will increasingly be used for eDiscovery, but results could be a double-edged sword. The consensus within the eDiscovery community is that AI is a useful tool that attorneys should not fear. In fact, AI-based tools, such as predictive coding, privilege reviews, early case analysis, and incoming production analysis, provide vital support [...]
Last time, we continued our “nuts and bolts” series of artificial intelligence (AI) for legal professionals with a look at three recent American Bar Association (ABA) resolutions regarding AI. Laws and regulations regarding AI are continually evolving with many countries around the world still lacking comprehensive AI regulations. However, there are several existing frameworks and [...]
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 the Defendant to provide, at the outset of a multidistrict proceeding, information about the approximately 15,700 recipients of its litigation hold notices and the sources of [...]
eDiscovery is the unsung hero of the modern legal saga. In today’s tech-packed world, the legal game is getting a makeover, and the star of the show is eDiscovery. As the digital data floodgates burst open, legal pros are realizing the need to hop on the eDiscovery train to make legal processes smoother. Let’s dive [...]
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 [...]
2023 was an eventful year in the world of legal technology, with new technology emerging to address both traditional and new challenges legal teams face when collecting, processing, and reviewing data for litigation, investigations, or public access requests. What will 2024 hold, especially in the world of eDiscovery? We’ve captured the top trends for the [...]
Ephemeral messaging apps, which automatically erase users’ messages in a short time, are being used more than ever in the workplace. Given the copious amounts of data these apps generate, it’s already having a significant effect on e-discovery and the legal field. This new form of communication hasn’t diminished attorneys’ ethical and legal obligations. Feigning [...]
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