A recent decision involving a business dispute over the sale of a company illustrates the standard a party must meet to compel designation of an ESI custodian: the judge denied the motion, finding it was the movant’s burden...more
The U.S. District Court for the District of Kansas granted in part a plaintiff’s emergency motion for expedited discovery to allow forensic imaging of the defendant’s employees’ laptops to search for evidence of trade secret...more
In a case before the U.S. District Court for the District of Vermont, the court largely rejected the defendants’ arguments to avoid supplementation to their discovery production, and granted in part the plaintiff’s motions to...more
Generative AI tools such as OpenAI’s ChatGPT and Google’s Bard have dominated headlines for months as people consider the possibilities and pitfalls of their uses in a variety of fields, from writing poetry to generating...more
7/27/2023
/ Artificial Intelligence ,
Confidential Information ,
Discovery ,
Electronically Stored Information ,
False Statements ,
Information Technology ,
Legal Technology ,
Machine Learning ,
Rules of Professional Conduct ,
Sanctions ,
Technology-Assisted Review
A recent decision declined to find the requisite “intent to deprive” that would merit sanctions under Rule 37(e) when a plaintiff was unable to produce text messages because his phone had been stolen and he had not taken...more