News & Analysis as of

Evidence Risk Management

Holland & Hart LLP

Navigating Utah's Expanded Peer Review Privilege: A Roadmap for Healthcare Providers

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The term “peer review privilege” generally refers to a discovery and evidentiary privilege that can be asserted by hospitals and other healthcare entities to protect the confidentiality of credentialing, quality improvement,...more

DarrowEverett LLP

Before You Hit ‘Record’: Legal Risks In Using AI Notetaking Tools

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You may have asked a team member or associate to jot down notes during a Zoom call, only to find that they struggled to capture every key point while also actively participating in the discussion. Or perhaps you aimed to...more

Baker Donelson

Privilege Under Fire: Protecting Forensic Reports in the Wake of a Data Breach

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In the chaos following a cyberattack, forensic reports are often pulled together under intense pressure and can assist companies in responding to and remediating the incident. However, if you're not careful, these reports...more

EDRM - Electronic Discovery Reference Model

[Webinar] Down the Rabbit Hole: Navigating IP Theft Investigations - May 29th, 1:00 pm - 2:15 pm ET

Step into Wonderland and ensure you’re equipped to handle intellectual property theft investigations by seeing the entire picture of what’s on employee’s devices — even deleted data. Take a Curious Stroll Through the...more

Gardner Law

What's on File Could Be on Trial - Mastering Documentation Risk

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Every document your employees create—emails, text messages, meeting notes, voicemails—has the potential to become critical evidence in litigation. In today’s legal environment, even casual communications can expose your...more

EDRM - Electronic Discovery Reference Model

Illumination Zone: Episode 203 | Rob Robinson of ComplexDiscovery OÜ sits down with Kaylee & Mary

Rob Robinson, Editor and Managing Director of EDRM Trusted Partner, ComplexDiscovery OÜ, and CMO at EDRM's Trusted Partner HaystackID sits down with Kaylee & Mary to talk about his journey from attack helicopter pilot to...more

Morgan Lewis

Strategies for Combatting the Proliferation of Fake Evidence

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The increasing sophistication of digital manipulation and AI-generated content has brought a new challenge to eDiscovery and legal professionals: fake evidence. From deepfakes and shallow fakes to fabricated emails, text...more

Greenbaum, Rowe, Smith & Davis LLP

A New Standard of Care for Medical Liability?

A recent article in the Journal of the American Medical Association (JAMA) triggers a question as to whether the standard of care to evaluate claims for medical malpractice should be changed. For decades, the New Jersey Model...more

U.S. Legal Support

How to Choose the Right Trial Technology Partner

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In 2025, technology holds a well-established place in the legal profession. And even though there are headlines about emerging tech itself being on trial, the pros of Artificial Intelligence (AI), Machine Learning (ML), and...more

Pullman & Comley - For What It May Be Worth

AI In Real Estate Appraisal: Legal Skepticism, Industry Adoption, And An In-House Experiment On Its Accuracy

As the capabilities of artificial intelligence (AI) rapidly change, the laws regarding AI use likewise adapt. For instance, the New York Surrogate’s Court recently grappled with an expert witness’ use of AI to support his...more

Conyers

The Use of Artificial Intelligence in Cayman Islands Legal Proceedings: A Conversation Between Spencer Vickers and a Computer

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In the 28 January 2025 judgment in Bradley & anor v Frye-Chaikin [2025] CIGC (Civ) 5, the Grand Court of the Cayman Islands addressed the use of Artificial Intelligence (AI) by a party in the preparation of written...more

Snell & Wilmer

After the Fire: Assessing Coverage for Lingering Smoke Damage

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Insurance is designed to relieve financial strain and provide peace of mind — a contractual promise that when a catastrophe strikes, a policyholder will receive the financial support to rebuild and recover. Unprecedented...more

Walkers

The use of AI tools in Cayman Islands legal proceedings – warnings for litigants and attorneys

Walkers on

On 28 January 2025, Justice Asif KC ("Asif J") handed down his judgment in Bradley and Another v Frye-Chaikin [2025] CIGC (Civ) 5 in which the Grand Court of the Cayman Islands (the "Court") commented for the first time in a...more

Baker Botts L.L.P.

Trust, But Verify: Avoiding the Perils of Artificial Intelligence Hallucinations in Court

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The rise of generative Artificial Intelligence (AI) presents lawyers with powerful tools and tactical advantages to streamline many aspects of their practice. AI helps lawyers provide more efficient, effective legal services...more

Searcy Denney Scarola Barnhart & Shipley

Virtual Reality in Accident Reconstruction: How High-Tech Tools Are Changing Florida’s Legal Cases

Advancements in technology are revolutionizing the way legal cases are presented in Florida’s courtrooms, particularly in personal injury and accident-related claims. One of the most powerful tools emerging in this field is...more

U.S. Legal Support

Top Record Retrieval Trends in 2024

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While record retrieval may sound like a straightforward task, legal professionals know it’s a complex, time-consuming process involving multiple entities, layers of rules and regulations, and security concerns (which...more

EDRM - Electronic Discovery Reference Model

AI in the Courts: How Worried Should We Be?

Scholars and technologists see both benefits and dangers for AI in the courts. One thing they agree on: AI is here to stay. As we enter 2024, it’s tough not to think of 2023 as “the year of artificial intelligence.” After...more

EDRM - Electronic Discovery Reference Model

“Self-Collection” May Be Reasonable Using Ralph Losey’s Dual-Protection System

“Self-collection” is often viewed as prohibited.  Abraham Maslow said that: “I suppose it is tempting, if the only tool you have is a hammer, to treat everything as if it were a nail.”    This blog addresses a methodology...more

EDRM - Electronic Discovery Reference Model

Disputes, Investigations and Emerging Data Sources

Throw the first stone who never started a WhatsApp conversation, switched to Instagram and continued the chat via direct message on LinkedIn. At the corporate level, the same logic applies: an email exchange can continue in...more

EDRM - Electronic Discovery Reference Model

Is Disclosure and Certification of the Use of Generative AI Really Necessary?

[Editor’s Note: This article is to appear in Judicature, Vol. 107, No. 2, October 2023 (Forthcoming), published here with permission. The opinions and positions are those of the authors.] Abstract - Stories about...more

EDRM - Electronic Discovery Reference Model

Professional Responsibility Considerations in AI for eDiscovery: Competence, Confidentiality, Privacy and Ownership

Use of artificial intelligence (“AI”) tools in eDiscovery creates new opportunities for attorneys. By extracting, analyzing, and applying information from large data sets, AI tools can provide new insights, systematize...more

EDRM - Electronic Discovery Reference Model

The GPTJudge: Justice In A Generative AI World

Abstract - Generative AI (“GenAI”) systems such as ChatGPT recently have developed to the point where they are capable of producing computer-generated text and images that are difficult to differentiate from human-generated...more

The Volkov Law Group

DOJ Outlines Compliance Expectations Relating to Preservation of Data from Messaging Applications (Part III of III)

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The Justice Department finally released its new policy to improve corporate preservation of data generated by executives and employees.  In this new technology era, companies have had significant gaps in collecting and...more

EDRM - Electronic Discovery Reference Model

5 Steps to Protecting Ediscovery Data When an Employee Exits

Businesses are facing more uncertainty around talent and employee management than ever before. Whether it’s challenges around working from home, employee burnout, the “Great Resignation,” or the threat of recession-fueled...more

BCLP

Risky Business: Recording Board Meetings

BCLP on

With the Delta variant surge, many companies have delayed plans for a return to in-person board and committee meetings. The go-to alternative, in many cases, will be a return to video conferences, which worked well in the...more

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