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Read Electronic Discovery updates, articles, and commentary from leading lawyers, law firms, and legal consultants:
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Rising HSR Transactions Highlight M&A Recovery and Emerging Challenges

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The intersection of economic indicators and Hart-Scott-Rodino (HSR) transaction trends provides a detailed view of the evolving mergers and acquisitions (M&A) environment. These insights are essential for professionals...more

Association of Certified E-Discovery...

The Hitchhiker’s Guide to the Dataverse: Episode 1 – Surviving Conference Cosmos & AI Asteroids

Welcome to the Dataverse Cat Casey: Welcome to The Hitchhiker’s Guide to the Dataverse! If you’re stepping into the legal tech universe for the first time, don’t panic—we’re here to help you navigate the infinite (and...more

Epiq

Three Lessons From the Front Lines of Medical Monitoring

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When the Environmental Protection Agency (EPA) recently announced its first-ever regulation of acceptable drinking water levels for six per- and poly-fluoroalkyl substances (PFAS), which are often referred to as "forever...more

Array

This Week in eDiscovery: Data Growth Survey Findings | EDNY Refuses “Discovery on Discovery” | Cooperative eDiscovery

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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 period of December 1-7. Here’s what’s...more

Epiq

Is Your eDiscovery Software Keeping Up? Seven Questions To Evaluate Whether It’s Time To Make a Change

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Rapid AI advancements are transforming eDiscovery software. Platforms that fail to incorporate new AI capabilities will leave users with outdated tools that hinder workflows, increase costs, and limit the ability to handle...more

J.S. Held

Leveraging Generative AI in Complex Investigations

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Complex investigations are on the rise with investigators being asked to do more with less, therefore needing to gain efficiency to handle workloads. A complex investigation can be triggered by a litigation event, government...more

Carlton Fields

No Password Required Podcast: Application Pen Tester, Author, and Bug Bounty Enthusiast

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Dr. Sunny Wear began her career as a developer, spending countless hours maintaining others' code—a humbling experience, as she describes it. Realizing she wanted a different path, a friend suggested exploring cybersecurity...more

Association of Certified E-Discovery...

Attorneys and Pro Contractors Are Most Covered Roles in Today’s ESI Job Market

During a recent meeting with Michael Quartararo, president of ACEDS, and Maribel Rivera, VP of Strategy and Client Engagement at ACEDS, we discussed the latest trends in the ESI industry during our regular monthly Eye on ESI...more

EDRM - Electronic Discovery Reference Model

Court Appointed a Special Master to Negotiate ESI Protocol

The Hon. James “Jay” Francis IV appointed Special Master in UMG Recordings, Inc. v. Uncharted Labs, Inc. - In UMG Recordings, Inc. v. Uncharted Labs, Inc., 2024 WL 4986962 (S.D.N.Y. Dec. 5, 2024), the parties could not agree...more

TransPerfect Legal

Data in the Modern Age: Navigating Communication Challenges in Antitrust Investigations

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TransPerfect Legal recently hosted its fifth annual Antitrust Clearance and Merger Enforcement Conference (ACME). One standout panel, "Data in the Modern Age: Chats, Modern Comments & Attachments, and Generative Artificial...more

Faegre Drinker Biddle & Reath LLP

A Change Is Gonna Come — Amendments to California Summary Judgment and Summary Adjudication Procedures Take Effect January 1, 2025

Those who litigate in California state courts, take note: Changes are coming to the state’s summary judgment statute for the first time in 20 years. Assembly Bill 2049 (AB 2049), signed into law this summer, introduces...more

Association of Certified E-Discovery...

Understanding the Dominant Purpose Test for Determining Whether Privilege Applies

In complex litigation, understanding when a document is protected by attorney-client privilege can be challenging, especially when privilege issues arise in multidistrict litigation (MDL) like the In re Uber Technologies,...more

EDRM - Electronic Discovery Reference Model

AI, Ethics, and Excellence: Insights from November 2024’s Vendor Voices

ComplexDiscovery Editor’s Note: In this month’s Vendor Voices, ComplexDiscovery OÜ explores the dynamic developments in eDiscovery, cybersecurity, and information governance throughout November 2024. From the latest edition...more

Integreon

Post-Breach Data Review: 5 Reasons Why You Should Not Go at It Alone

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After a data breach, organizations need to understand the scope of the incident in order to quickly resolve it and ensure they are able to meet notification requirements. The urgency often leads to the misguided belief that...more

Esquire Deposition Solutions, LLC

Washington Revises Rules for Remote Depositions

The Washington Supreme Court recently approved significant revisions to that state’s procedural rules on remote depositions. Revised Rule 30 of the Washington Civil Rules will now allow remote depositions to be noticed...more

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AI Healthcare Controversy Highlights Critical eDiscovery Challenges

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A landmark healthcare AI controversy has emerged as a watershed moment for eDiscovery professionals, revealing unprecedented challenges in investigating AI-driven decision-making systems within legal proceedings. The case,...more

Cimplifi

How Bias Can Influence AI

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One of the biggest barriers to using AI successfully is bias, which is one of the terms we defined last time, as follows: Bias, in a general context, refers to a predisposition or inclination towards a particular viewpoint,...more

EDRM - Electronic Discovery Reference Model

November’s Notable Cases and Events in E-Discovery

[Editor’s Note: This article was first published December 4, 2024, and EDRM is grateful to Tom Paskowitz of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of the author.]...more

EDRM - Electronic Discovery Reference Model

Authentication of Surveillance Video by Lay Witness Under Silent Witness Doctrine

In Reddick v. State, __ Md. App __, 2024 WL 4633506 (Apls. Ct. Md. Oct. 31, 2024), the intermediate appellate court addressed an important issue of authentication of surveillance video by a lay witness. That witness was...more

EDRM - Electronic Discovery Reference Model

Keeping the Temperature Just Right for Effective eDiscovery Negotiations

“I’ll see you in court!” It’s the rallying cry of legal dramas, glorifying courtroom battles as the pinnacle of advocacy. In reality, however, it’s skilled eDiscovery negotiation—not trial theatrics—that most often determines...more

EDRM - Electronic Discovery Reference Model

GPT-4 Breakthrough: Emerging Theory of Mind Capabilities in AI

Michal Kosinski, a computational psychologist at Stanford, has uncovered a groundbreaking capability in GPT-4.0: the emergence of Theory of Mind (ToM). ToM is the cognitive ability to infer another person’s mental state based...more

Association of Certified E-Discovery...

Emerging Data Sources, Alternative Data Sources, Off-Channel Data – What is the Difference?

Data was once tangible and tactile. Managing physical files, paper documents, and standard records was relatively straightforward. Today, however, those sources have grown increasingly complex, emerging from various...more

Array

This Week in eDiscovery: eDiscovery Day Special Edition | Discovery Challenges of AI Datasets; Deleted ESI Sanctions

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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 period of November 24-30. Here’s what’s...more

EDRM - Electronic Discovery Reference Model

Pioneering Dispute Resolution: The New JAMS AI Rules

As artificial intelligence becomes more embedded in our daily lives, disputes involving this complex technology are on the rise. Stakeholders in disputes involving AI are particularly concerned about confidentiality of system...more

EDRM - Electronic Discovery Reference Model

From Moscow to Pyongyang: Cyber Threats Revealed by Sandra Joyce at the Tallinn Digital Summit

ComplexDiscovery Editor’s Note: Sandra Joyce’s keynote at the Tallinn Digital Summit 2024 offers a vital look into the shifting dynamics of the cyber threat landscape. As an annual gathering of leaders from the digitally...more

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