E-Discovery Sanctions: 5 Practice Tips for Protecting Your Clients & Your Reputation
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The emergence of ephemeral messaging applications to communicate with friends, family, and coworkers quickly, securely, and effortlessly has boomed over the past decade. In that time, users of ephemeral messaging apps have risen significantly, from millions to billions of active users! Ephemeral messaging is an integral and evolving part of both individual and company communications with advantages and challenges impacting companies and the legal industry. Companies must consider the ramifications of their employees' use of ephemeral messaging and adopt policies and procedures to best protect themselves and comply with requirements relating to litigation and regulation. Courts have already begun addressing the failure to preserve relevant ephemeral messages and have been issuing sanctions in a myriad of legal challenges. Ephemeral messaging is here to stay, and companies, courts, and attorneys must understand and adapt to evolve with this emerging technology.
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Now You See Me, Now You Don’t: Ephemeral Messaging Challenges
The emergence of ephemeral messaging applications to communicate with friends, family, and coworkers quickly, securely, and effortlessly has boomed over the past decade. In that time, users of ephemeral messaging apps have risen significantly, from millions to billions of active users! Ephemeral messaging is an integral and evolving part of both individual and company communications with advantages and challenges impacting companies and the legal industry. Companies must consider the ramifications of their employees' use of ephemeral messaging and adopt policies and procedures to best protect themselves and comply with requirements relating to litigation and regulation. Courts have already begun addressing the failure to preserve relevant ephemeral messages and have been issuing sanctions in a myriad of legal challenges. Ephemeral messaging is here to stay, and companies, courts, and attorneys must understand and adapt to evolve with this emerging technology.
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Generative AI E-Discovery Tools and the Importance of Prompt Engineering
The explosion of LLMs (large language models) and other Generative AI tools designed to increase workplace efficiency and productivity has created a new lexicon of jargon and definitions. The term “Prompt Engineering” may be the most widely used new term to describe the method of using LLMs and Generative AI tools. Prompt engineering is the creation of text-based instructions or cues that a person uses to direct LLMs or other generative AI tools. These instructions are then interpreted by the AI tool. Learning to harness the power of e-discovery AI Tools like Relativity’s aiR for Review through prompts specifically constructed to produce the output you desire in your case can increase your efficiency. Implementing these prompt creation and iteration tips and tricks will help you use Relativity’s aiR for Review tool to more effectively to assist with litigation, document review, and deposition or trial preparation.
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Solving the “‘Privilege Log’ Problem”: Proposed Changes to Federal Rules of Civil Procedure 16 & 26
Changes to Federal Rules of Civil Procedure 16(b) and 26(f) are projected to come into effect in December 2025 that have been promulgated to address what proponents refer to as the “‘privilege log’ problem.” December 2025 is still relatively far in the future and whether the proposed amendments to Rules 16(b) and 26(f) are actually adopted is still subject to additional approvals, including approval by the Supreme Court. Nevertheless, bear in mind that nothing in the current Federal Rules of Civil Procedure prevents the parties from implementing the more proactive approach the proposed amendments seek to achieve.