Deep eDiscovery Horrors

Deep eDiscovery Horrors Will Be Back – Somewhere!

Today is Halloween! This is my fourteenth(!) year (fourth on this blog) to identify stories to try to “scare” you with tales of eDiscovery, data privacy, cybersecurity and AI horrors because it is, after all, an eDiscovery blog.  Let’s see how I do this year. Wow, that’s deep!

Does this scare you?

What, you mean I haven’t been teaching e-discovery courses at University of California, Berkeley since 2000?!?


What about this?

More than 70 billion unprotected files are currently freely available and accessible on unsecured web servers. Oh, and what do you call 1.4 million lawyers on the ABA web site? Hacked.

Or this?

“the bottom line is that this entire saga could have been easily avoided had Mr. Cohan just done what the Federal Rules of Civil Procedure and their local counterparts require in the face of a discovery problem: meet and confer before resorting to the ‘Oh-yeah-I’ll-show-you’ tactics of litigation.

How about this?

But at least six of the submitted cases by Schwartz as research for a brief “appear to be bogus judicial decisions with bogus quotes and bogus internal citations,” said Judge Kevin Castel of the Southern District of New York. Of course, Schwartz “sort of” tried to confirm them…by asking ChatGPT if they were real cases.

Or maybe this?

A $1.5 million verdict awarded by Gwinnett County State Court jurors in March was vacated over a lawyer’s social media posts.

Have you considered this?

When the moon hits your eye like a big pizza pie, that’s a…lawsuit. 😉

Finally, how about this?

What do 241.2 million emails, 18.8 million text messages, 3.02 million photos created with smartphones, 6.94 million emojis and 11,035 fake Facebook accounts have in common?

Scary, huh?  If the possibility of ChatGPT hallucinations, more data increased to data breaches than ever, bad faith depositions over not understand what a load file is or smiley moon emoji tweets leading to litigation scares you, then eDiscovery Today will do its best to provide useful information and best practices to enable you to relax and sleep soundly, even on Halloween!

Speaking of eDiscovery and AI horrors, this one is really “deep”! That’s truly scary! I’ll be back – next year! 😀

What do you think?  Is there a particular eDiscovery or AI issue that scares you?  Please share your comments and let us know if you’d like more information on a particular topic.

Happy Halloween!

Image created using Microsoft Bing’s Image Creator Powered by DALL-E, using the term “jack o’lantern”.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by my employer, my partners or my clients. eDiscovery Today is made available solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Today should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.


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