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Now You See It…Now You Don’t…Well, Maybe You Actually Never Saw All Of It

Now You See It

While basic in nature, when you are evaluating electronic discovery solutions do you ask your vendor/service provider the basic questions of:

1)  Does your system and/or process recognize and index all available ESI?

2)  Does your system and/or process identify and highlight ESI that is not recognized and indexed?

As informed eDiscovery professionals, it is reasonable to assume that there may be eDiscovery vendors whose systems do not recognize and index all available ESI.  Not recognizing and indexing every file type is understandable given the myriad of file types in today’s digital world.  However, it is also reasonable to expect vendors to highlight unrecognizable and non-indexed ESI in exception reports.   If a vendor “selectively neglects” to deal with unrecognizable and non-indexed ESI by knowingly not noting it in an exception report, then spoliation of ESI may be an issue.


Spoliation is the destruction of records which may be relevant to ongoing or anticipated litigation, government investigation or audit. Courts differ in their interpretation of the level of intent required before sanctions may be warranted.
Kroll Ontrack Glossary

Spoliation: The destruction or substantial alteration of evidence, or the failure to preserve evidence, for another’s use in pending or foreseeable litigation. Lexbe eDiscovery and Metadata Definitions.


Worthy questions. Worthy considerations. Worthy of answers (from your vendor/service provider).

 

Generative Artificial Intelligence and Large Language Model Use

ComplexDiscovery OÜ recognizes the value of GAI and LLM tools in streamlining content creation processes and enhancing the overall quality of its research, writing, and editing efforts. To this end, ComplexDiscovery OÜ regularly employs GAI tools, including ChatGPT, Claude, Midjourney, and DALL-E, to assist, augment, and accelerate the development and publication of both new and revised content in posts and pages published (initiated in late 2022).

ComplexDiscovery also provides a ChatGPT-powered AI article assistant for its users. This feature leverages LLM capabilities to generate relevant and valuable insights related to specific page and post content published on ComplexDiscovery.com. By offering this AI-driven service, ComplexDiscovery OÜ aims to create a more interactive and engaging experience for its users, while highlighting the importance of responsible and ethical use of GAI and LLM technologies.

 

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ComplexDiscovery OÜ is a highly recognized digital publication focused on providing detailed insights into the fields of cybersecurity, information governance, and eDiscovery. Based in Estonia, a hub for digital innovation, ComplexDiscovery OÜ upholds rigorous standards in journalistic integrity, delivering nuanced analyses of global trends, technology advancements, and the eDiscovery sector. The publication expertly connects intricate legal technology issues with the broader narrative of international business and current events, offering its readership invaluable insights for informed decision-making.

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