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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 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 [...]
Business today is complex. When conflicts, bribery accusations, employment disputes, and white-collar crime allegations emerge, your effective response is a mandatory action. While there are legal and ethical obligations to conduct thorough investigations, the ideal scenario is to mitigate or arbitrate issues before they escalate into full-blown matters. At the same time, eDiscovery technologies and [...]
Collaboration tools like Microsoft Teams and Slack are sources of information that often contain highly relevant communications important to any investigation or litigation. Many companies today are adopting these tools as their primary source of internal communication and collaboration. Because many companies have embraced these collaboration tools, so must the litigator when attempting to reconstruct [...]
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 [...]
During a recent webinar with Today’s General Counsel, John Tredennick and William Webber of Merlin Search Technologies discussed new technology that integrates machine learning tools to find documents and large language models and ultimately uses ChatGPT to conduct investigations and discovery. GPT and other large language models have no access to information that exists outside [...]
The collection phase involves extracting the chat data from its existing format and making it available for processing and review. We talked in our first blog post about the different types of chat platform, and certain issues that can arise with accessing historic chat data. Our third blog post covered issues with identification and preservation, [...]
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