News & Analysis as of

Attorney-Client Privilege Electronically Stored Information

HaystackID

[Webinar] 6 AI Workflows to Enhance ESI Discovery - September 18th, 11:00 am CDT

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Legal professionals in cybersecurity, information governance, and eDiscovery face escalating data volumes, data security challenges, high eDiscovery costs, and information management inefficiencies. With AI-enabled workflows,...more

EDRM - Electronic Discovery Reference Model

“Attachments to Attorney-Client Communications May Be Withheld as Privileged, Without an Independent Basis for Privilege,” But….

In Linet Americas, Inc. v. Hill-Rom Holdings, Inc., 2024 WL 3425795 (N.D. Ill. Jul. 15, 2024), the court held that “attachments to attorney client communications may be withheld as privileged without an independent basis for...more

EDRM - Electronic Discovery Reference Model

Generative AI for Smart Discovery Professionals: An Introduction to Large Language Models – Second Edition

In November of 2022, ChatGPT upended our thinking about artificial intelligence with a new form of machine learning called Generative AI (GenAI). Since then, discussions about GenAI models like GPT have taken center stage in...more

EDRM - Electronic Discovery Reference Model

May’s Notable Cases and Events in E-Discovery

[Editor’s Note: This article was first published May 15, 2024 and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of the...more

EDRM - Electronic Discovery Reference Model

What Happens When Parties Fail to Negotiate a Privilege Log in Good Faith?

In Kyle Rayome v. ABT Electronics, 2024 WL 1435098 (N.D. Ill. 2024), the court wrote that it “would prefer this case not go to the dark place where attorneys on one side demand that the attorneys on the other side provide...more

Hinshaw & Culbertson - Lawyers for the...

Illinois Appellate Court Rejects the Crime-Fraud Exception in a Defamation Claim

James MacDonald vs. Sally Wagenmaker, et.al., 2024 IL App (1st) 230089 (March 1, 2024) - Brief Summary - An Illinois appellate court reversed a discovery order compelling the defendant law firm to produce privileged...more

EDRM - Electronic Discovery Reference Model

Changing the Forum for a Motion to Quash a Subpoena

In Rullan v. Goden, 2024 WL 1191600 (D. Md. Mar. 20, 2024), the Hon. J. Mark Coulson construed a Fed.R.Civ.P. 45 motion to quash or modify a subpoena, which would have been heard in New York, as a Fed.R.Civ.P. 26(c) motion...more

Array

This Week in eDiscovery: Ruling on Intentional vs. Inadvertent Privilege Disclosures, Royal Family Photo Puts Metadata in the News

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Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the week of March 11-17. Here’s what’s...more

EDRM - Electronic Discovery Reference Model

February’s Notable Cases and Events in E-Discovery

This Sidley Update addresses the following recent developments and court decisions involving e-discovery issues: an order from the U.S. District Court for the Northern District of California requiring the Defendant to...more

EDRM - Electronic Discovery Reference Model

Rusty Texts: Sending Privileged Information to Clients

In ‘Rust’ Armorer’s Phone Snafu Shows Risks Of Texting Clients – Law360 (Feb. 13, 2024), Phillip Bantz wrote: “A legal dust-up over compromised text messages between a movie prop weapons expert and her lawyer in the ‘Rust’...more

Association of Certified E-Discovery...

Can Failing to Produce a Privilege Log Lead to Waiver of Privilege and Sanctions?

In Episode 131 of Case of the Week, CEO and Founder of eDiscovery Assistant, Kelly Twigger, discusses how the failure to produce a privilege log for withheld documents resulted in a waiver of privilege and sanctions under...more

Epiq

2023 eDiscovery Case Law Review

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January is a time to set goals and ponder what the new year will bring. It is also a time to think about what happened last year. In the world of litigation, it is important for lawyers and eDiscovery professionals to take...more

Association of Certified E-Discovery...

Privilege Logs and In-Camera Review

[Editor’s Note: This article has been republished with permission. It was originally published November 9, 2023 on the eDiscovery Assistant Blog] This week’s decision comes to us from the case titled 6340 NB LLC v. Cap. One,...more

Fisher Phillips

AI Notetaking Tools Are All the Rage – But Should You Use Them? Employers Should Weigh These Risks First

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Perhaps you’ve asked an employee to take notes during a Zoom meeting, but they complained the task is difficult to manage while collaborating with teammates. Maybe you intended to document everything that transpired during an...more

EDRM - Electronic Discovery Reference Model

[Webinar] Are Large Language Models Like GPT Secure? A Look at the Technology and the Law. - September 28th, 2:00 pm - 3:00 pm BST

In an age of digital transformation, the legal industry is increasingly thinking about using AI and Large Language Models (LLMs) like GPT for document review, legal research, and even writing legal briefs. Yet, in our...more

EDRM - Electronic Discovery Reference Model

[Webinar] Are Large Language Models Like GPT Secure? A Look at the Technology and the Law - September 13th, 1:00 pm - 2:00 pm ET

In an age of digital transformation, the legal industry is increasingly thinking about using AI and Large Language Models (LLMs) like GPT for document review, legal research, and even writing legal briefs. Yet, in our...more

Nextpoint, Inc.

Attorney-Client Confidentiality: Practical Tips for Protecting Privilege

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The volumes of evidence available for litigation are such that privileged documents – a small but important subset of any evidence collection – can easily be overlooked, commingled, misplaced, or simply lost. In addition, the...more

Epiq

How to Handle Privilege When Producing Documents to the Government in Antitrust Matters

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The identification of privileged content remains one of the most time-intensive undertakings of any discovery project. In recent years, there have been significant developments in the ability to use analytics tools and...more

Nextpoint, Inc.

Ediscovery Glossary: 30 Terms Every Litigator Should Know

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Our essential ediscovery glossary lays out all the ediscovery terminology every attorney should know. Attorneys are used to speaking in the complex language of the law, but technical ediscovery terminology can trip up...more

Nextpoint, Inc.

Ediscovery Keyword Search: Get More Relevant Results in Document Review

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This post explains how to craft searches that get the results you're looking for in document review. We dive into the technical aspects of searching and provide ediscovery keyword search examples. ...more

Nextpoint, Inc.

Ediscovery Checklist: How to Win the Rule 26(f) Meet and Confer

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Preparing for the Meet and Confer - Proper preparation and documentation during the Rule 26(f) meet and confer process will greatly improve efficiency in the ediscovery phase of your litigation....more

McGuireWoods LLP

Court Explains How Employee-to-Employee Emails Can Deserve Privilege Protection

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Because privilege logs necessarily contain logistical but not content-based information about withheld documents, adversaries sometimes challenge privilege protection because no lawyer sent or received a withheld document....more

Proskauer - Minding Your Business

NY Court Re-Affirms Privilege Protection for Personal Emails Sent by Law Firm Partner on Firm Email Account

Citing new deposition testimony, actor Justin Theroux in a recent motion asked the New York Supreme Court to reconsider its December 2020 denial of Theroux’s motion to compel production of emails that his neighbor, Norman...more

Morris James LLP

Chancery Declines to Order Production of Privileged Document

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Drachman v. BioDelivery Sciences International, Inc., C.A. No. 2019-0728-LWW (Del. Ch. Aug. 25, 2021) - Drachman addresses the attorney-client privilege, certain exceptions thereto, including the Garner doctrine, and...more

Reveal

5 Best Practices For Protecting Sensitive Information During An Investigation

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Organizations are feeling the pinch of compliance like never before as government agencies at every level are scrutinizing their business affairs more closely and issuing more regulations. To meet their compliance...more

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