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Benefits and Pitfalls of Outsourcing Email Services

Robert A. Banner and Sean Scuderi of Ingram Yuzek Gainen Carroll & Bertolotti discuss email hosting providers and highlight their benefits and potential pitfalls for counsel who may not be aware of them.

Big Data and Artificial Intelligence: Implications for E-Discovery’s Future

Mark S. Sidoti and Luis J. Diaz of Gibbons write: Artificial intelligence will revolutionize the field of e-discovery, and to some degree the practice of law, in the years to come. But the law will always remain a social science, and while AI can assist practitioners in identifying relevant evidence in a case, it cannot do this without constant training and refinement by competent lawyers, and it will never replace the skill and judgment of a lawyer in utilizing that evidence in advocacy.

Strategies for Understanding Your Data Before a Meet-and-Confer

Gabriela Baron of Conduent Legal and Compliance Solutions writes: When your clients ask, “What do I need to know before a meet-and-confer?” the answer is simple: Know the data.

Can Tests for Spoliation in NY State, Federal Courts Be Reconciled?

Samantha V. Ettari of Kramer Levin Naftalis & Frankel writes: Intentional spoliators are likely to face similarly extreme and potentially case-terminating sanctions in both New York state and federal courts. However, litigants should be aware that negligent spoliators are subject to different standards, which may result in less certainty concerning what exposure a non-intentional spoliator may face if ESI is lost.

Obtaining Discovery From EU After GDPR’s Passage

Christian Schröder, Jeffrey McKenna and Renee Phillips of Orrick write: The GDPR includes new provisions addressing litigation-related international data transfers. These new provisions create both new perils and opportunities when personal data must be transferred from the EU to the United States for use in discovery.