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In this article we'll discuss a few recent cases that reflect how social media evidence can play an important role in establishing consumer confusion in trademark infringement lawsuits. As social media has become an essential tool for businesses trying to reach wider audiences and build brand recognition, it has also made way for an increase [...]
If you ask most legal professionals about discovery of data from mobile devices, the discussion typically turns to text messages. However, there are several other data types unique to mobile devices that are not only discoverable, but often important in litigation and other discovery use cases as well. Not only that, but each device has [...]
This Sidley Update addresses the following recent developments and court decisions involving e-discovery issues: 1. An amendment to the Joint Local Rules of the Eastern and Southern Districts of New York effective July 1, 2024, amending Local Rule 26.2(c) to address the potential use in certain circumstances of categorical or metadata privilege logs instead of [...]
Hyperlinked documents are increasingly common in enterprise work environments and pose some unique challenges for eDiscovery. A hyperlinked document is shared via a URL or link, directing the recipient to a file stored on a cloud server. Unlike traditional attachments, the underlying file is not transmitted to the recipient but remains under the sender’s control. [...]
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 [...]
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 [...]
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