Above the Law - Technology

DECEMBER 4, 2023

VoiceScript Ai.Law Elevator Pitch: Provides AI-generated litigation documents, from pleadings to discovery. See the demo video on responding to written discovery requests.) There are two primary problems – finding the information you need among all the noise and fulfilling your discovery obligations. What problem do you solve?

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Mediator Litigator Litigation Law firm 325

Joshua Gilliland

DECEMBER 10, 2015

I have met lawyers who have a crazy idea: They HAVE to read EVERY email, document, Excel file, video, and every other bit of ESI produced in discovery. Lawyers have a duty of competency to their client, and candor to the court, to look at what is relevant to their case and responsive to discovery requests. That position is wrong.

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e-discovery e-records Defendant e-filing 52

Discovery Advocate

JUNE 8, 2023

Relying on an employee’s memory without an accompanying thorough discussion – informed by potentially relevant technical considerations of where data may reside and a more robust effort to locate it – is unlikely to constitute a “reasonable search” for purposes of defending a response to a request for non-objectionable discovery.

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Court e-discovery Defendant e-records 52

Discovery Advocate

MARCH 13, 2023

Practical Insight This case is a cautionary tale for the attorney who may know to say all of the right things when it comes to modern discovery practice but, in fact, lacks the expertise and competence to oversee a defensible discovery effort. Competence pervades every aspect of the ESI discovery process.

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e-discovery Defendant Court Litigator 40

Discovery Advocate

JUNE 7, 2023

Relying on an employee’s memory without an accompanying thorough discussion – informed by potentially relevant technical considerations of where data may reside and a more robust effort to locate it – is unlikely to constitute a “reasonable search” for purposes of defending a response to a request for non-objectionable discovery.

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Court e-discovery Defendant e-records 52

Discovery Advocate

MARCH 30, 2023

The defendant initially claimed that it did not have the “ability to change default settings for individual custodians with respect to the chat history setting,” but evidence disclosed at the hearing “plainly established that this representation was not truthful.” In re Google Play Store Antitrust Litig., — F. 21-MD-02981 (JD) (N.D.

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e-discovery Defendant Litigator Litigation 52

Joshua Gilliland

JANUARY 30, 2016

Here is the short version of the dispute in a complex case: The Plaintiff brought a motion to strike the Defendants’ requests for production that were duplicative. The Court noted that many of the Defendants’ discovery requests were improper omnibus requests where no effort was made to tailor the discovery request to the issues in the case.

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e-discovery Defendant e-filing Judge 40

Joshua Gilliland

JANUARY 7, 2016

The City further argued that since the Plaintiff’s had overly broad discovery requests, they should not be sanctioned for failing to preserve relevant ESI. Life lesson: Just because the Plaintiff has overly broad scope for discovery requests, does not justify the lack of a litigation hold. Stinson , at *12. Stinson , at *12-13.

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Litigator Litigation e-discovery e-filing 52

LawSites

JANUARY 17, 2022

Traction: We have done a lot of work on customer discovery and gathered a great deal of positive feedback. Launching January 2022, our AI-driven engine will automate litigation processes like lawsuit and motion drafting, discovery preparation, procedural calendaring and much more by turning days of work into 2-3 minute-long activities.

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e-discovery Mediator Time-tracking Attorney 25

Percipient

JUNE 23, 2022

We are often asked if we incorporate artificial intelligence (“AI”) into our legal workflows and electronic discovery processes. That is, how the use of AI can be defended if its use is challenged by a judge or opposing party. In e-discovery, models can be tailored to a dataset such as Continuous Active Learning (CAL).

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e-discovery e-filing Electronic discovery Analytics 52

Clio

FEBRUARY 20, 2024

A motion to dismiss can seek to have a case dismissed at the pleading stage, while a motion for summary judgment can seek the same outcome after discovery has been conducted. The plaintiff can file a motion for entry of default judgment if the defendant fails to respond to their complaint.

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Court e-filing e-discovery Judge 52

Eric Goldman

MARCH 29, 2023

By guest blogger Elizabeth Townsend Gard , John E. Koerner Endowed Professor of Law, Tulane University Law School [See part 1 about defendant opt-outs and part 2 about defendant defaults.] Eight months after filing, the first two Copyright Claims Board (CCB) Final Determinations have been handed down.

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e-filing Court Failure-to-appear Dispute resolution 105

Eric Goldman

AUGUST 11, 2023

The court recognizes the potential havoc this ruling could cause and tries to mitigate the damage: The Court is not opining that, in any instance in which a defendant sends an email giving notice of updated terms and a plaintiff continues to use the defendant’s service, the inquiry notice test has been satisfied. HELLO UETA and E-SIGN.

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e-records Court Law Law 98

Debevoise Data Blog

MARCH 17, 2023

One benefit of this approach is that it ensures that the training data will be available for analysis, responding to regulatory inquiries or defending against civil claims for the entire life of the model. Bringing offline data online for regulatory compliance or litigation may be costly, and offline data may still be subject to discovery.

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e-discovery Litigator Litigation Compliance 52

LawSites

JANUARY 17, 2022

Traction: We have done a lot of work on customer discovery and gathered a great deal of positive feedback. Launching January 2022, our AI-driven engine will automate litigation processes like lawsuit and motion drafting, discovery preparation, procedural calendaring and much more by turning days of work into 2-3 minute-long activities.

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e-discovery Mediator Time-tracking Attorney 52

Legal Tech Monitor

DECEMBER 4, 2023

VoiceScript Elevator Pitch: Provides AI-generated litigation documents, from pleadings to discovery. See the demo video on responding to written discovery requests.) There are two primary problems – finding the information you need among all the noise and fulfilling your discovery obligations. What problem do you solve?

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Litigator Litigation Mediator Law firm 52

Eric Goldman

MAY 15, 2024

In so holding, however, the Court declined to resolve the logically antecedent question of whether the discovery rule applies to the three-year copyright statute of limitations, finding “that issue is not properly presented here, because Warner Chappell never challenged the Eleventh Circuit’s use of the discovery rule below.”

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Court e-discovery Defendant e-filing 105

Eric Goldman

JUNE 20, 2023

Although copyright infringement is a strict liability tort, all of these facts might have helped to convince Goldsmith to settle on reasonable terms, and all of them would have made AWF a more sympathetic defendant in the unlikely event that Goldsmith pursued her claims and a trial was needed. at 451, Factor 4).

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Court Failure-to-appear e-discovery e-records 98

Eric Goldman

SEPTEMBER 27, 2024

The court ought to push back on such rhetorical overclaims rather than rubberstamp them to discovery. That ruling focused primarily on 230(e)(2), the IP exception to 230, but the case only reaches that issue based on the initial applicability of 230(c)(1). The court is discounting a well-known precedential case, Almeida v.

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