Credit: GarryKillian/Shutterstock ESI and 'Zubulake'
Until six months ago, a significant part of my law practice involved consulting on electronically stored information (ESI), e-discovery, and serving as special master, to assist the court and parties in resolving e-discovery disputes. The cases on ESI began with the famous Zubulake opinions authored by Judge Shira Sheindlin (Ret.) of the U.S. District Court for the Southern District of New York. There were six opinions stemming from Zubulake beginning with the first, Zubulake v. UBS Warburg, 217 F.R.D. 309 (S.D.N.Y. 2003). She was the Star Trek, the Space Ship Enterprise, forging the way with leading decisions on ESI, covering such issues as who pays the cost in producing ESI, predictive coding, litigation hold letters, sanctions, and the duty to preserve ESI for litigation. Many of the obligations of counsel are now contained in the Federal and state rules, and in particular, FRCP 37(e) dealing with sanctions.Artificial Intelligence and ChatGPT: Friend, Foe, or Both
Although ESI is still important, generative artificial intelligence (AI), especially ChatGPT, has taken the world by storm.
July 25, 2023 at 09:45 AM
9 minute read
Credit: GarryKillian/Shutterstock
ESI and 'Zubulake'
Until six months ago, a significant part of my law practice involved consulting on electronically stored information (ESI), e-discovery, and serving as special master, to assist the court and parties in resolving e-discovery disputes. The cases on ESI began with the famous Zubulake opinions authored by Judge Shira Sheindlin (Ret.) of the U.S. District Court for the Southern District of New York. There were six opinions stemming from Zubulake beginning with the first, Zubulake v. UBS Warburg, 217 F.R.D. 309 (S.D.N.Y. 2003). She was the Star Trek, the Space Ship Enterprise, forging the way with leading decisions on ESI, covering such issues as who pays the cost in producing ESI, predictive coding, litigation hold letters, sanctions, and the duty to preserve ESI for litigation. Many of the obligations of counsel are now contained in the Federal and state rules, and in particular, FRCP 37(e) dealing with sanctions.
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