Lawyer Ethics in the Virtual Courtroom

By | June 4, 2020

The COVID-19 pandemic has radically altered the way we live, work, and play. As will be examined below, it has altered the way lawyers conduct litigation. By mid-March 2020, the justice system in Canada (and in most other jurisdictions around the world) was scrambling to change its default ways of doing business – from the… Read More »

Canada’s First? Competition Tribunal Endorses the Use of Predictive Coding in Document Review

By | January 8, 2020

In traditional litigation context, a typical document review process will involve human review of all documents to determine the relevancy and/or privilege (if any) attached to documents in the discovery process. However, with the ever-increasing number of electronic documents in the discovery process, artificial intelligence-based technology such as predictive coding is now a more feasible… Read More »

Burn After Reading: The Challenge of eDiscovery in Self-Destruct Messaging Environment

By | January 8, 2020

Self-Destruct messaging technology also known as “ephemeral” messaging allows users to send temporary electronic messages, pictures, videos and other electronic communications over the internet. The messages are programmed to self-delete after being read or viewed by the recipient. The messages are temporary by nature and design. Examples of ephemeral messaging apps include Snapchat, Telegram, Confide,… Read More »

Predictive Coding: Seed Sets and Litigation Privilege

By | January 8, 2020

The use of predictive coding technology in litigation document review has increasingly been welcomed by courts in different jurisdictions. That notwithstanding, there is still legal uncertainty as to whether litigation privilege applies to seed sets. A seed set (also referred to as training set) is a sample of documents selected from a larger document set… Read More »

eDiscovery Lessons From The Wells Fargo Data Breach

By | January 8, 2020

The Equifax data security breach was the hallmark of data breaches in 2017 (at least for now). But for most lawyers (especially litigating lawyers), the minuscule Wells Fargo data breach was of particular interest. This interest stems from the fact that it involved one of their own in the course of her professional duties. 1.    … Read More »

Spoliation in the Age of Electronically Stored Information

By | January 8, 2020

Spoliation in the context of civil proceeding is the act of intentionally destroying, mutilating, or altering documents relevant to litigation. There is a general duty on parties or prospective parties in litigation to take reasonable steps to preserve evidence related to an on-going litigation, or reasonably anticipated litigation. Before the widespread use of electronic medium… Read More »

Predictive Coding in the Court Room

By | January 8, 2020

The previous blog post provided a basic insight into how predictive coding, an offshoot of Artificial Intelligence (AI)  technology is now being applied in e-discovery document review in civil litigation. This edition will examine judicial approach in various jurisdictions toward mandating the use of predictive coding in e-discovery. United States The case of Da Silva… Read More »

Predictive Coding: Artificial Intelligence (AI) at Work in Litigation

By | January 8, 2020

Traditional document review has often involved manual review of sets of boxes of paper documents in the lawyer’s office. The advent of information technology has resulted in exponentially increased volume of electronic (as opposed to paper) documents. While the advent of information technology has come with great deal of benefits, it has also compounded the… Read More »