by Kelly Twigger How Courts Are Addressing AI-Generated Content in Discovery Disputes Generative AI has been transforming the legal industry, assisting with everything from case law summarization to document review and legal research. But as its adoption accelerates, new legal questions are emerging: Should AI-generated content—including prompts and outputs—be subject to discovery? Can opposing counsel

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…

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...

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…

While there are still final details being ironed out, we have most of the schedule for E-Discovery Day 2024 events on Thursday, December 5th!

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…

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…

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.

Dive into the world of eDiscovery and learn about the impact of Generative Artificial Intelligence (GAI) on the industry.

In the complex world of eDiscovery, the responsibilities of in-house counsel are more critical than ever. The stakes are high, and...

Tom O’Connor & I had a fun discussion on eDiscovery Channel, discussing the eDiscovery Unfiltered report with Ari Kaplan!

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…

In antitrust, money laundering, legal operations, and more, AI is poised to shake up current legal frameworks...

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.

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

The hyperlinked documents debate is heating up! With that in mind, here are six myths about hyperlinked documents – in my opinion at least.

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.

Here, the Court ruled on a broad interpretation of attachments, which included “modern attachments” as part of the definition.

“Modern attachments” – the two dirty words in eDiscovery today, which I discussed with the eDiscovery Chicks on their latest podcast!

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…

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…

It may not happen today or tomorrow or next year, but treating hyperlinked files as modern attachments will happen – eventually. Here’s why.

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…

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.

Artificial Intelligence (AI) will increasingly be used for eDiscovery, but results could be a double-edged sword. The consensus within the 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…