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Understanding data sources before complex litigation begins is essential to address the challenges associated with data preservation and collection. Complex cases often involve large volumes of data from a diverse set of sources, including emails, databases, cloud storage, messaging platforms, and physical documents. As a result, data collection strategies for complex litigation differ significantly from [...]
Many moons ago, when I was a litigation associate at a law firm, I spent a fair amount of time on discovery—yes, discovery and not e-discovery, because the process had not yet gone electronic. I would physically go to clients’ offices, review boxes and file cabinets brimming over with (paper) documents, and figure out how [...]
Over the past decade there has been an increasing usage of cloud-based storage systems, resulting in a speed bump in the legal discovery process: modern attachments. What are Modern Attachments? Modern attachments are links embedded within documents or emails which direct a user to external digital files stored elsewhere on platforms such as Google Drive, [...]
In Safelite Grp., Inc. v. Lockridge, the U.S. District Court examined whether a cease-and-desist letter triggers a duty to preserve electronically stored information (ESI) and how routine deletion of text messages impacts spoliation sanctions under Rule 37. This case offers key lessons on preservation obligations, particularly when dealing with employees transitioning to competitors and the [...]
Columnist David Lat speaks with attorneys Robert Keeling and Jonathan Redgrave about whether there’s been a shift to e-discovery specialization in boutiques, and what the rise of generative AI means for e-discovery. Last week, Redgrave LLP, a leading e-discovery and information-law boutique, announced the arrival of three new partners—Robert Keeling, Ray Mangum, and Kristen Knapp—along [...]
Summary: For better security when using AI in eDiscovery, cloud-based large language models and AI governance practices are critical for your program. We outline some key security considerations and benefits of these approaches. Security is a hot topic for legal teams considering AI. The technology is new to many legal and non-legal teams, it uses [...]
This Sidley Update addresses the following recent developments and court decisions involving e-discovery issues: 1. A decision from the U.S. District Court for the Southern District of Ohio finding that a “an experienced businessman” was negligent in failing to discover and disable an auto-delete function on his phone that resulted in the loss of relevant [...]
Most lawyers know their main task is communication—explaining issues and educating clients, courts, or regulatory agencies to arrive at informed decisions or allow a dispute to end in their favor. So why do the words “artificial intelligence” cause some communicators to stammer, freeze, or lean on poorly defined jargon? Lawyers who counsel clients in acquiring [...]
In the ever-evolving landscape of legal technology, the sole reliance on traditional search terms is rapidly becoming outdated. The legal field has long depended on keyword searches to sift through vast amounts of documents. However, as technology advances, it’s clear that search terms may not be sufficient for the complex and nuanced needs of modern [...]
This Sidley Update addresses the following recent developments and court decisions involving e-discovery issues: 1. A decision from the U.S. District Court for the Northern District of California admonishing the parties’ counsel for failing to engage in appropriate negotiations regarding the search terms to be applied to the defendants’ electronically stored information (ESI) and imposing [...]
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