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The investigation portion of lawsuits involves both parties asking each other for information. Electronic discovery or eDiscovery is the process of electronically identifying, collecting, preserving, reviewing, and producing electronically stored information (ESI) for legal proceedings or investigations. This discovery process is part of all civil cases and aims to find admissible evidence in a civil [...]
Last time, we continued our “nuts and bolts” series of artificial intelligence (AI) for legal professionals with a look at several current legal use cases to which AI is being applied today that have demonstrated proven benefits. However, generative AI and large language model (LLM) technologies are beginning to play a significant role in eDiscovery [...]
Rulings on eDiscovery Increased in 2023 Decisions on eDiscovery in U.S. District Court cases increased by 10% in 2023 even as civil case filings dropped by 8%, according to the eDiscovery Assistant 2023 Case Law Report released late last month. The report also categorizes the top issues in eDiscovery cases last year. Failure to produce, [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 limiting a subpoena to Discord for electronically stored information (ESI) and declining to compel Discord to produce passwords and content for certain accounts, under 28 U.S.C. § [...]
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 [...]
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