In Gilbane Bldg. Co. v. School Bd. of Broward County, 2025 WL 1615553 (S.D. Fl. Jun 6, 2025), plaintiff moved to compel a “compliant” privilege log. The court decided six issues. The court wrote: “I agree that Defendant...more
6/18/2025
/ Attorney-Client Privilege ,
Discovery ,
Discovery Disputes ,
Document Review ,
e-Discovery ,
e-Discovery Professionals ,
Electronic Communications ,
Electronically Stored Information ,
Federal Rules of Civil Procedure ,
Legal Technology ,
Motion to Compel ,
Privilege Logs
In Lacey v. State Farm General Ins. Co., 2025 WL 1363069 (C.D. Cal. May 5, 2025), plaintiff submitted a filing with erroneous AI-generated citations. The Special Master pointed out some of them. The plaintiff resubmitted a...more
5/14/2025
/ Algorithms ,
Artificial Intelligence ,
Discovery ,
e-Discovery ,
e-Discovery Professionals ,
Electronically Stored Information ,
Evidence ,
Federal Rules of Civil Procedure ,
Legal Ethics ,
Legal Technology ,
Litigation Strategies ,
Sanctions
We the Protestors, Inc. v. Sinyangwe, 348 F.R.D. 175 (S.D.N.Y. Dec. 18, 2024), makes several important points about the relationship between ESI Protocols and redaction of produced documents....more
5/13/2025
/ Discovery ,
Discovery Disputes ,
Document Productions ,
Document Review ,
e-Discovery ,
e-Discovery Professionals ,
Electronically Stored Information ,
Evidence ,
Federal Rules of Civil Procedure ,
Legal Technology ,
Redaction ,
Text Messages
In In Re: Uber Technologies, Inc. Passenger Sexual Assault Litigation, 2025 WL 678543 (Mar. 3, 2025), the court issued another hyperlinked document discovery decision arising out of the parties’ ESI Protocol. While...more
3/11/2025
/ Data Collection ,
Discovery ,
Document Productions ,
Document Review ,
e-Discovery ,
e-Discovery Professionals ,
Electronically Stored Information ,
Email ,
Evidence ,
Hyperlink ,
Legal Technology ,
Litigation Strategies ,
Metadata
In Tremblay v. OpenAI, Inc., 2025 WL 635335 (N.D. Cal. Feb. 27, 2025), plaintiffs, the requesting parties, sought to have input in determining search terms to be used by defendant, the producing party. Based on “the specter...more
3/4/2025
/ Artificial Intelligence ,
Discovery ,
Document Review ,
e-Discovery ,
e-Discovery Professionals ,
Electronically Stored Information ,
Evidence ,
Intellectual Property Litigation ,
Legal Technology ,
Litigation Strategies ,
Technology-Assisted Review
In Li v. Merck & Co., Inc., 2025 WL 429013 (N.D. Cal. Feb. 7, 2025), the court addressed a number of discovery disputes in a lawsuit by a terminated employee against her former employer....more
2/26/2025
/ Data Preservation ,
Discovery ,
Discovery Disputes ,
Document Productions ,
Document Review ,
e-Discovery ,
e-Discovery Professionals ,
Electronically Stored Information ,
Employment Litigation ,
Federal Rules of Civil Procedure ,
Legal Technology ,
Spoliation
By definition, a litigation hold notice is a communication from an attorney to a client regarding the duty to preserve potentially responsive information. In Homeland Ins. Co. of Del. v. Independent Health Ass’n., Inc., 2025...more
2/20/2025
/ Attorney-Client Privilege ,
Data Collection ,
Data Preservation ,
Discovery ,
Duty to Preserve ,
e-Discovery ,
e-Discovery Professionals ,
Electronically Stored Information ,
Evidence ,
Legal Technology ,
Litigation Strategies ,
Privilege Logs ,
Privileged Documents
In Digital Forensics Corporation, LLC v. King Machine, Inc., __ So.3d __, 2025 WL 63935 (Ala. Sup. Ct. Jan. 10, 2025), the issue was whether an electronic discovery services vendor, DFC, could compel its former client to...more
1/14/2025
/ Arbitration ,
Arbitration Agreements ,
Breach of Contract ,
Conflicts of Interest ,
Contract Terms ,
Discovery ,
Dispute Resolution ,
e-Discovery Professionals ,
Electronically Stored Information ,
Jurisdiction ,
Legal Technology
In Attys Split On 5th Circ.’s Proposed AI, Accuracy-Check Rule – Law360 (Jan. 30, 2024), Lauren Berg reported on the current status of a 5th Circuit proposed A.I. rule. Ms. Berg’s article stated that reactions “span from one...more
Oliver Hardy, of Laurel and Hardy fame, said: “Well, here’s another nice mess you’ve gotten me into!” That’s what happened with the citation of three non-existent cases in a motion for early termination of supervised release...more
One role of an attorney handling ESI is to function as a translator between computer scientists and forensic experts, on the one hand, and laypersons, such as clients and Judges, on the other....more
Some courts have issued Standing Orders governing the use of A.I. Another viewpoint is that a better approach is to use Local Rules. See Shweta Watwe, Judges Reflect on GenAI Use One Year After ChatGPT’s Debut...more
The Supreme Court of Maryland has amended Maryland Attorneys’ Rule of Professional Conduct 19-304.4(c) (Rule 4.4(c)). Maryland’s new rule prohibits an attorney from seeking privileged information from a third person. If...more
“Florida lawyers might soon be required to get their client’s consent before using artificial intelligence on their legal matters.” Karen Sloan, “Florida bar weighs whether lawyers using AI need client consent | Reuters...more
[EDRM Editor’s Note: This article was first published September 27, 2023 and EDRM is grateful to Michael Berman for permission to republish. The opinions and positions are those of the author.] “Artificial Intelligence (AI)...more
10/2/2023
/ Artificial Intelligence ,
Data Collection ,
Discovery ,
Discovery Costs ,
e-Discovery Professionals ,
Electronically Stored Information ,
Legal Technology ,
Machine Learning ,
Popular ,
Risk Mitigation ,
Technology-Assisted Review
When it comes to electronically stored information, Tom O’Connor is a national treasure. He has a wealth of litigation-related ESI experience, helped run the prestigious Georgetown E-Discovery Academy, lectures on recent...more