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Risk Management Evidence

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

GenAI for Smart People - An Introduction to Large Language Models for Smart Ediscovery Professionals

It’s been more than a year since ChatGPT upended our thinking about artificial intelligence. Over that time, discussions about Large Language Models like GPT (the engine behind ChatGPT) have taken center stage in just about...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

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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

Lowndes

Data Breach! Miranda Himself May Be Dead, But the Wisdom of the Case that Bears His Name Lives On

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Let us assume a company has done all the right things. Preemptive security was a concern, so the company tightened up its written cybersecurity controls and associated technical controls, including policies and...more

Planet Depos, LLC

Top Security Tips for Working From Home

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Since so many of us began working from home in the spring of 2020, we have been hearing how important security is. Information on VPNs, encryption, and other measures to protect data have been rolling out regularly for many...more

Oberheiden P.C.

5 Keys to Picking the Best Digital Forensics Company

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From investigating cybersecurity breaches to conducting discovery in civil litigation, the practice of digital forensics plays an essential role in many aspects of companies’ compliance, data protection, and risk management...more

Morgan Lewis

Dawn Raid Golden Rules

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Don’t obstruct: Be professional and cooperative. Don’t destroy documents or other evidence. Call counsel immediately to protect your rights. Keep a record of what is searched, what is taken, who was involved in...more

Rumberger | Kirk

Find Your Footing: Don’t stumble when it comes to slip-and-fall claims

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Some regard slip-and-fall claims as nuisance litigation and often make billboard plaintiffs’ lawyers the butt of jokes. But, occasionally, these claims represent catastrophic injuries with verdicts to match, and even garden...more

Hogan Lovells

2019 crisis leadership in review

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What starts online won't stop there - There aren't many college basketball games that change the share price of a Fortune 100 company. But in February 2019, Duke University freshman star Zion Williamson blew out one of his...more

Burr & Forman

9 Best Practice Tips for a Schedule Analysis of Construction Delays

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It almost goes without saying that if you have to pursue or defend a delay claim, you are going to need some evidence (preferably by an expert) to establish or to challenge entitlement to the damages sought. And we all know...more

Hogan Lovells

Data class actions in Europe and spotlights in Mexico, Russia and the U.S.

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The General Data Protection Regulation 2016/679 (GDPR) provides means to enforce provisions related to personal data processing by you as a data controller or data processor. It introduces collective actions everywhere in...more

Association of Certified E-Discovery...

[Webinar] ACEDS Ohio Chapter, ILTA & XDD: E-Discovery Essentials: Best Practices From Collection to Production - December 4th,...

Electronically-stored information (ESI) has permeated business processes so completely that electronic discovery has become the norm in litigation and investigations rather than the exception. Although the core principles...more

Hanzo

[Webinar] Emojis And The Law: Real-World Ediscovery Challenges Of Enterprise Collaboration - October 31st, 2:00 pm ET

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Times are a-changing! Back in the day (pre-2013), email dominated business communications. It was simply the standard. Fast forward to today, the shift to collaboration applications like Slack, Microsoft Teams, and others has...more

Winstead PC

[Webinar] Financial Services Webinar - Trustee Quandary: Criminal Acts By Beneficiaries With Or On Trust Property - June 25th,...

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With rising drug abuse issues, it is not uncommon for a beneficiary of a trust to commit criminal activities on or with trust property. This webinar will provide suggestions for trustees in this situation and address several...more

McAfee & Taft

Be Careful What You Say: The danger of the charge of discrimination

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It’s tempting for employers to shrug off the allegations contained in a charge of discrimination or similar agency filing – viewing them as unfounded, unsupported and self-serving. Or worse, an employer may attack the...more

Hogan Lovells

Seminar round-up: Cybersecurity and the internet in International Investment Arbitration

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On 11 April 2019 the Hogan Lovells International Arbitration team hosted a seminar on cybersecurity and the internet in International Investment Arbitration. It was a thoroughly interesting and informative session. ...more

The Volkov Law Group

The Cohen Search Warrants – DOJ Procedures for Approval

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With all the recent hoopla and commentary on the Michael Cohen criminal investigation and the execution of search warrants against Cohen, it is important to focus on what is true, what is exaggerated and what is outright...more

WilmerHale

United Kingdom: handling internal investigations

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With so much potentially at stake, the initial steps and strategic decisions taken in any company investigation are critical to setting the tone for a focused, credible and effective inquiry. This is paramount not only for...more

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