On May 17, 2024, the Judicial Conference’s Advisory Committee on Evidence Rules released its report on artificial intelligence, which discusses the potential need for modifications to the Federal Rules of Evidence. The committee issued this report after its April 2024 meeting, which featured testimony from several AI experts. While the committee did not identify

In trademark infringement case ZAGG Inc, v. Ichilevici et al., ZAGG, a manufacturer of screen protectors and other products deposed a corporate designee of the defendant the day before discovery closed. As a result of that deposition, ZAGG sought both to compel the production of additional documents and an extension of the discovery deadline

eDiscovery document review can be time-consuming and expensive for companies. Depending on the results of the review, it also can be helpful for internal investigation or litigation purposes. To minimize the burden and maximize the benefit of document review, a good document review protocol is critical. A document review protocol is a set of instructions

In Estate of Daher, by and through Daher v. LSH Co. (E.D. Pa. July 12, 2023), the plaintiff, seeking to recover the proceeds of a life insurance policy, served subpoenas on a nonparty (Coventry) to obtain documents related to a finance program administered by Coventry under which plaintiff alleged the policy was generated. Coventry objected

Slack, the collaborative workspace designed to streamline real-time communications between business teams, poses some challenges in the eDiscovery context (see our prior blog post). This blog post discusses a recent decision that explores the proper scope of discovery regarding Slack messages – specifically, whether each individual Slack message should be treated as a discrete

  1. Artificial Intelligence (AI) will increasingly be used for eDiscovery, but results could be a double-edged sword. The consensus within the eDiscovery community is that AI is a useful tool that attorneys should not fear. In fact, AI-based tools, such as predictive coding, privilege reviews, early case analysis, and incoming production analysis, provide vital support to

In litigation, allowing a client to handle the process of collecting its electronic discovery without adequate attorney oversight of quality control validation can lead to serious trouble for all concerned. Courts throughout the country have repeatedly held that attorneys have professional and ethical duties to ensure the adequacy of their clients’ actions in identifying, preserving