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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 blog covers the week of January 8-14. Here’s what’s...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
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
Mistakes sometimes happen. One of the most serious mistakes attorneys can make is to inadvertently disclose privileged or otherwise protected information during discovery. This may sound easy, but in the electronic era, where...more
Technology can be a curse or a comfort for lawyers. It promises to make you more efficient, but who has the time to learn it all? (And doesn’t that take away from the sacred billable hour?) Integrating the right tools...more
In this two-part series, I interview Gordon J. Calhoun, Esq. of Lewis Brisbois Bisgaard & Smith LLP about his thoughts on the state of ediscovery within law firms today, including lessons learned and best practices to help...more
Welcome to another installment of “E-Discovery Gold Nuggets”, where ACEDS Kansas City Chapter Leader Daniel Gold’s LinkedIn video series is explored on the ACEDS blog. Gold, who is also Managing Director of E-Discovery...more
Ever since ABA Model Rule of Professional Conduct 1.1 was modified in 2012 to include an ethical obligation for attorneys to “keep abreast of changes in the law and its practice, including the benefits and risks associated...more
There are two ways lawyers can satisfy their ethical duty of technology competence. One way is by learning about technology and becoming more proficient in the use of legal tech tools. The other is by working in association...more
Technology competence is an ethical requirement in more than 40 states. Beyond Rule 1 Competence, knowing technology helps lawyers comply with the duty of confidentiality and other rules of professional conduct. For...more
As lawyers we must be guided by the Rules of Professional Conduct in all aspects of our work. Today that includes competence in relevant technology. Technology is deeply embedded in contemporary legal practice, while data...more
Confidentiality – Electronically Stored Information – Unauthorized Access - The State Bar of California's Standing Committee on Professional Responsibility and Conduct Formal Opinion Interim 16-0002 - Risk Management...more
Social media is increasingly important in eDiscovery, employment investigations and jury research. Using social media in legal and HR matters raises significant ethical issues. Lawyers and other legal professionals should...more
A Federal Court judge recently told me that when he asked the lawyer about the ESI (Electronically Stored Information) in his matter, the lawyer replied there wasn’t any. When the judge asked if there were going to be any...more
The pervasiveness of technology in our everyday lives is unmistakable. The next time you walk down a city street, go out for coffee or spend time at a family gathering, take a moment, and reflect upon the number of people on...more
There are new Rules for the NC Business Court In effect, as of January 1, 2017. If you have a case in the Business Court, or are expecting to designate a case there, you should look them over. ...more
The rules governing discovery of electronically stored information, though not fully developed, have matured enough to provide the basic “do’s and don’ts” for attorneys. Frequently, a party must produce electronic documents,...more
“Electronic document creation and/or storage, and electronic communications, have become commonplace in modern life, and discovery of ESI is now a frequent part of almost any litigated matter. Attorneys who handle litigation...more