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E-Discovery in Employment Cases: Practical Issues (Part 1)

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 [...]

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

Slack and Collaborative Work Tools: The Proper Scope of Discovery of Slack Channels

Slack, the collaborative workspace designed to streamline real-time communications between business teams, poses some challenges in the eDiscovery context (see our prior blog post). This blog post discusses a recent decision that explores the proper scope of discovery regarding Slack messages – specifically, whether each individual Slack message should be treated as a discrete document [...]

By |2024-03-06T21:49:42+00:00April 1st, 2024|AI, e-discovery, Litigation Support|0 Comments

The Justice Gap in Legal Tech: A Tale of Two Conferences and the Implications for A2J

In the blur of activity that was last week, I attended two legal tech conferences, plus an adjacent legal technology summit. After starting the week in New York at the glitzy celebration of big law tech that is Legalweek, and ending it in Charlotte, N.C., at the Legal Services Corporation’s Innovations in Technology Conference devoted [...]

Artificial Intelligence Prompts And When The Source Of The Error Is NOT Between The Keyboard And The Chair

'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 [...]

What is the role of a Special Master in eDiscovery Disputes?

Scenario A complex civil litigation involves multiple defendants, multiple classes of plaintiffs, and complicated causes of action that hinge on synthesizing large amounts of data. The plaintiffs seek broad discovery of defendants’ data, business records, instant messaging systems, phone records, text messages, and other electronic materials. The parties disagree about the types of information to [...]

By |2024-03-06T21:25:17+00:00March 21st, 2024|AI, e-discovery, Investigations, Litigation Support|0 Comments

Ediscovery for Paralegals

In legal matters, e-discovery is revolutionizing how legal professionals handle evidence. E-discovery, or electronic discovery, refers to the process of seeking, locating, securing, and searching electronic data with the intent of using it as evidence in legal cases. From emails and documents to social media interactions and cloud storage, digital footprints are increasingly pivotal in [...]

5 Trends to Watch: 2024 eDiscovery & eRetention

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 [...]

The Current State of AI Regulations

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 [...]

February’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 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 [...]

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