News & Analysis as of

Technology-Assisted Review

Association of Certified E-Discovery...

Tips for Paralegals and Litigation Support Professionals – May 2024

May 5, 2024 – Imports of TextMap Annotations Into OnCue As Deposition Designations - The OnCue trial electronic presentation software makes it easy to import deposition designations added as annotations in TextMap as new...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

Association of Certified E-Discovery...

Navigating Hyperlinks in eDiscovery: Lessons from the StubHub Refund Litigation

Introduction - Each week on the Case of the Week I choose a recent decision in ediscovery and talk to you about the practical applications of that case and what you need to be thinking about as you conduct discovery of ESI....more

Association of Certified E-Discovery...

Technocat Tidbits: What the Heck is Prompt Engineering, and Why Should I Care?

Think of a prompt like a cheat code to get Generative Artificial Intelligence (GAI) to do what you want. Rather than going in bling, you are helping the Large Language Model (LLM) more accurately guess the output you want....more

EDRM - Electronic Discovery Reference Model

A Groundbreaking Perspective: Judge Newsom’s Vision for AI in Judicial Decision-Making

Judges and lawyers received a significant gift last week when 11th Circuit Judge Kevin C. Newsom penned a concurring opinion in a seemingly mundane insurance case involving a backyard in-ground trampoline. The concurring...more

EDRM - Electronic Discovery Reference Model

Eleventh Circuit Judge Admits to Using ChatGPT to Help Decide a Case and Urges Other Judges and Lawyers to Follow Suit

The Eleventh Circuit published a ground breaking Concurring Opinion on May 28, 2024 by Judge Kevin C. Newsom on the use of generative AI to help decide contract interpretation issues. Snell v. United Specialty Ins. Co., 2024...more

EDRM - Electronic Discovery Reference Model

[Webinar] Revolutionizing Document Review with Generative AI: Present and Future - June 27th, 1:00 pm - 2:00 pm ET

Join us for a webinar that delves into the transformative impact of generative AI on document review. This session is designed to provide legal professionals with a comprehensive understanding of how AI is reshaping review...more

DRI

Artificial Intelligence in Legal Practice Benefits, Considerations, and Best Practices (1)

DRI on

Artificial Intelligence (AI) has become an increasingly important topic in the legal industry in the last few years following the introduction of ChatGPT and other generative systems. But AI is not new to the legal industry....more

EDRM - Electronic Discovery Reference Model

Omni Version Test of the Panel of AI Experts on a New Topic: “AI Mentors of New Attorneys” – Part Four

Ralph Losey’s custom GPT, Panel of AI Experts for Lawyers, was tested again to evaluate its effectiveness on ChatGPT4o Omni. This time an entirely new topic was selected for the AI panelists to discuss, AI Mentors for...more

EDRM - Electronic Discovery Reference Model

OMNI Version – ChatGPT4o – Retest of Ralph Losey’s Panel of AI Experts – Part Three

Ralph Losey thought he was done with this series, but then OpenAI released a new improved version of ChatGPT, the Omni version 4o. That meant he had to test again, to see if and how his custom GPT Panel of AI Experts for...more

EDRM - Electronic Discovery Reference Model

The Empire Strikes Back: GPT-4o Regains the Lead in the GenAI Race

A first look at this exciting new GenAI release. Not long after Anthropic seized the spotlight with the release of Claude 3 Opus, OpenAI has struck back, elevating the stakes in the GenAI wars with its latest innovation,...more

EDRM - Electronic Discovery Reference Model

Experiment with a ChatGPT4 Panel of Experts and Insights into AI Hallucination – Part Two

In Part One of this article the AI panel of experts procedure was demonstrated and readers were shown how it can be used for education and brainstorming. Evidence that AI Expert Panels Could Soon Replace Human Panelists or is...more

EDRM - Electronic Discovery Reference Model

Evidence that AI Expert Panels Could Soon Replace Human Panelists, or is this just an Art Deco Hallucination? – Part One of Two

Say goodbye to the traditional panel of experts, the ones routinely featured at educational events and conferences worldwide. Say hello to new panels of AI experts: panels in your pocket that you can call upon anytime,...more

U.S. Legal Support

AI in Legal Discovery and Research

U.S. Legal Support on

The buzzword of “artificial intelligence” (AI) is everywhere. And in the legal industry, it’s being touted as the breakthrough we’ve been waiting for to revolutionize how legal research and discovery are performed....more

Epiq

When is a Discovery Program Ready for Gen AI?

Epiq on

Gen AI is a hot topic. It has the potential to help legal teams enhance efficiencies and reduce costs. Emerging discovery-related Gen AI applications include early case assessment, document review, document summarization, and...more

Vinson & Elkins LLP

Mastering Automated Privilege Logging: How Litigants Can Maximize Efficiency and Limit Expense

Vinson & Elkins LLP on

Privilege logging is one of the most time-consuming, expensive, and contentious components of discovery. Federal Rule of Civil Procedure 26(b)(5)(A), which governs the withholding of privileged material, provides little...more

EDRM - Electronic Discovery Reference Model

A Finger on the Ethical Pulse: Navigating AI in Legal Practice with Confidence

In the fast-evolving realm of artificial intelligence (AI), legal professionals face an imperative to not only keep up but to do so ethically and responsibly. As AI technologies permeate the legal industry, understanding...more

EDRM - Electronic Discovery Reference Model

Some Legal Ethics Quandaries on Use of AI, the Duty of Competence, and AI Practice as a Legal Specialty

This blog considers some of the ethical issues of competence that arise when a lawyer or law firm uses generative AI to assist in rendering services. Prior to the advent of artificial intelligence, the legal profession...more

U.S. Legal Support

Strategies to Overcome Common eDiscovery Challenges

U.S. Legal Support on

Electronic discovery (eDiscovery) allows attorneys to build cases that require delving into relevant ESI, or electronically stored information, such as emails, audio and video files, and social media, in addition to hard-copy...more

Purpose Legal

Checking the Pulse: Bird's Eye View on Gen AI - Showcases, Reviews, and Reactions in the Legal World

Purpose Legal on

As the legal industry navigates the transformative wave of generative AI (Gen AI), and in the world of constant Yelp reviews, professionals often look to expert predictions and the reactions of early adopters for advice. This...more

EDRM - Electronic Discovery Reference Model

Report on the First Scientific Experiment to Test the Impact of Generative AI on Complex, Knowledge-Intensive Work

A first of its kind experiment testing use of AI found a 40% increase in quality and 12% increase in productivity. The tests involved 18 different realistic tasks assigned to 244 different consultants in the Boston Consulting...more

EDRM - Electronic Discovery Reference Model

Girding for the E-Savvy Opponent (Revisited)

A friend shared that she was seeing the Carole King musical, “Beautiful,” and I recalled the time I caught it twice on different visits to London in 2015 because I enjoyed it so. I reflected on why I was in London in Summer...more

Integreon

Unleashing the Power of GenAI in Contracts Management: 3 Easy Ways to Start and Benefit

Integreon on

Corporate interest in AI, particularly generative AI (genAI), has surged dramatically. For many legal teams, there is pressure all the way from the C-suite to start using this new technology. However, the process of...more

Hanzo

Harnessing AI in Legal eDiscovery: A Comprehensive Overview

Hanzo on

In this concluding post of our series, we explore the burgeoning role of Artificial Intelligence (AI) in legal eDiscovery. With global spending on legal AI software tools projected to reach a staggering $37 billion by 2024,...more

International Lawyers Network

Generative AI: The Hot Topic on Every Lawyer's Mind

There’s only one answer that my lawyers give when I ask them what they’re curious about when it comes to the practice of law, and that’s generative AI. We’re not the only ones talking about it. Last year, the Thomson Reuters...more

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

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Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

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  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and companies and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
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JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
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Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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