By Julia Brickell | January 31, 2020
As AI development intensifies and the courts begin to create new and perhaps enduring case law about its use and admissibility, the next decade will require increased vigilance on the part of legal professionals.
By David J. Kessler and Andrea L. D'Ambra | January 31, 2020
Because of heightened privacy and data security risks, the time has come to change the culture around the use of redactions in civil discovery.
By Andy G. Gandhi, Mauricio Paez and Mark Kindy | January 31, 2020
There appears to be some momentum for a national comprehensive personal data privacy law in the United States, which could address some of the conflicting issues related to PII disclosures in litigation discovery.
Daily Report Online | Commentary
By Todd Heffner | January 30, 2020
Discovery is grounded in reasonableness, not perfection.
By Amanda Bronstad | January 27, 2020
The U.S. Chamber of Commerce, Lawyers for Civil Justice and the American Civil Liberties Union filed proposed amicus briefs Friday in a petition before the U.S. Court of Appeals for the Sixth Circuit challenging court orders in an upcoming trial over the opioid crisis.
New York Law Journal | Analysis
By Vera M. Kachnowski and Jolène LaVigne-Albert | January 24, 2020
In this International Criminal Law and Enforcement column, Vera M. Kachnowski and Jolène LaVigne-Albert discuss a decision that provides insight into the standards for obtaining discovery in Canadian extradition proceedings—a more formal test with potentially wider scope than the discovery typically available in extradition hearings in the United States.
The Legal Intelligencer | Commentary
By Leonard Deutchman | January 23, 2020
In this month's article, I will review Davis and discuss its reasoning and what the foregone conclusion exception, in the age of computer passwords, tells us about both computers and the exception.
By Samantha Green, Epiq | January 22, 2020
Select cases from 2019 highlight the trend of judges awarding sanctions only if a party acted inappropriately when handling ESI, such as altering evidence or auto-destroying text messages.
The Legal Intelligencer | Commentary
By Jules Epstein | January 22, 2020
According to a September 2019 ruling, the "may" finding is the limit. "The government's expert may testify that based on his examination, the recovered firearm cannot be excluded as the source of the cartridge casing found on the scene of the alleged shooting."
The Legal Intelligencer | Commentary
By Edward S. Robson | January 21, 2020
Little mistakes; big consequences. The possibility of catastrophic consequences from the inadvertent disclosure of confidential or privileged documents makes litigators cringe. The proliferation of large e-discovery productions that make manual review unfeasible increases the risks of a misstep.
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