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Don’t Trust Cupid, Trust the Black Box

Valentine’s Day is here. The holiday is easily recognizable since pink and red cards, chocolates, and stuffed animal menageries appear on displays at your local pharmacy about one week after New Year’s. Often, the day centers on feelings of love or friendship and celebrates human relationships. Legend says that on Valentine’s Day, Cupid will instinctively know our true love and join them together with his bow and arrow. However, the modern era is not so trusting of the winged baby in a diaper to know who our soulmate should be. Instead, people have turned to match-making sites to help them sort through the dating pool and find the right person.

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Five Noteworthy 2020 eDiscovery Cases

As with past years, eDiscovery was a hot topic in case law. Spanning from Rule 45 to cost shifting and more, the courts tackled several eDiscovery obstacles. With each decision, legal practitioners glean more insight into how courts will handle these issues in future cases and tips for polishing their eDiscovery practices.

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Applying AI in Privilege Review

The use of artificial intelligence (AI) continues to expand in the legal industry. From legal research search engines to technology assisted review (TAR) to machine learning for contracts review, this technology is rapidly evolving. As the technology changes, lawyers discover new ways they can integrate it into their practice or business operations.

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Federal Court Firmly Addresses Several Repeat TAR Disputes

Technology assisted review (TAR) continues to revolutionize the way lawyers conduct litigation proceedings, especially as it becomes more economical and accepted as routine practice. TAR refers to advanced predictive coding solutions rooted in artificial intelligence which allows for litigators to streamline document review and improve the responsiveness of disclosures. This technology can quickly analyze massive data sets, yields results superior to manual review, helps weed out irrelevant data, and requires less personnel. While TAR commonly used in eDiscovery, courts are not consistent in how they view this practice, including whether a court can compel or prevent a party from using TAR, which party dictates eDiscovery methodologies, and cost-related disputes. Recently, in the case of Livingston v. City of Chicago, No. 16-cv-10156 (N.D. Ill. Sep 3, 2020), a federal court clarified several gray areas involving TAR usage.

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