By Dr Tristan Jenkinson Introduction Last week I read a fantastic article by Kelly Twigger (of eDiscovery Assistant fame). The article talks about the “eDiscovery Disconnect”, and addre…
Key Discovery Points: No Need to Be Leery About AI
In this Key Discovery Points video, Brett Burney of Nextpoint joins Doug Austin of eDiscovery Today to discuss litigator Craig Ball's latest publication, The...
A CEO’s guide to eDiscovery and litigation support: Minimising risk and maximising efficiency
As a CEO, you’re no stranger to making strategic decisions that drive business growth and success. However, in today’s digital age, one often-overlooked aspect can make or break your or…
Generative AI and eDiscovery – Adoption in the Courts – Part 2
By Dr Tristan Jenkinson Introduction In part one of this series, I discussed a section within Practice Direction 57AD which could potentially be used to allow for the use of Generative AI for the c…
Generative AI and eDiscovery – Adoption in the Courts – Part 1
By Dr Tristan Jenkinson Introduction At the recent Legal 500 Commercial Litigation Conference in London, one of the panels focused on the question “Do the existing Practice Directions support the a…
Mental Health in Legal Document Review: Seven Best Practices for Review Teams
In the high-stakes environment of legal document review, the mental well-being of review teams is often overlooked, yet it plays a critical role in the quality and efficiency of the entire review process. The repetitive, deadline-driven, and sometimes unpredictable nature of document review work can lead to stress, fatigue, and disengagement if proper practices aren’t in place.
Yesterday, I sought to defend the value of my law school course on E-Discovery & Digital Evidence to a law Dean who readily conceded that she didn’t know what e-discovery was or why it would be…
Going Mobile: Metadata Considerations with Mobile Device ESI
When it comes to discovery of mobile devices, it’s not just the data that’s important for discovery, but also the data about the data – the metadata – that can be used to authenticate evidence, to determine whether the data has been tampered with or not, and to provide additional probative information about that evidence. In this post, we will look at some examples of metadata and how they can provide useful evidence in discovery.
Gone in a flash: unravelling the mystery of ephemeral messaging
Imagine a modern-day meeting room in a bustling corporate office, where executives and employees alike converse in hushed tones, no notes or minutes are
Today, eDiscovery Begins Before the Case Is Ever Filed
Everyone is talking about generative AI these days. Its impact on society overall is potentially transformative. Its impact on eDiscovery is also potentially transformative, especially as it relates to streamlining review.
Last week, I dug into Cloud Attachments to email, probing the propensity of producing parties’ to shirk collection of linked documents. Here, I want to discuss the versioning concern of…
Five Great Reads on Cyber, Data, and Legal Discovery for March 2024
Explore the March 2024 edition of Five Great Reads on Cyber, Data, and Legal Discovery, featuring insights on AI development, antitrust implications, the EU's AI Act, cybersecurity threats, AI in legal practices, and the eDiscovery industry's financial health.
In the E-Discovery Bubble, we’re embroiled in a debate over “Linked Attachments.” Or should we say “Smart Attachments” or “Hyperlinked Documents?” The name…
I watched a webinar this morning where the presenters addressed ESI Protocols. They were well-informed people sharing sound advice; but it underscored for me why people despise lawyers. A present…
Lessons from Lousy Lexical Search (and Tips to Do Better)
Preparing a talk about keyword search, I set out to distill observations gleaned from a host of misbegotten keyword search efforts, many from the vantage point of the court’s neutral expert née Spe…
We start 2024 with a bold statement for eDiscovery: The use of large language models (LLMs) and generative AI (GAI) will kill the use of keyword search in eDiscovery. We will discuss the reasons why LLMs/GAI will kill the use of keyword search in eDiscovery.
Reader’s Digest, the century-old magazine with the highest paid circulation, has long published “condensed” books; anthologies of four-to-five popular novels abridged to fit in a single volume.&nbs…