Here’s the kitchen sink for November 1, 2024 of ten stories that I didn’t get to this week – with another brand-new meme from Gates Dogfish!

Why “the kitchen sink”? Find out here! 🙂

The Kitchen Sink is even better when you can include a brand-new eDiscovery meme courtesy of Gates Dogfish, the meme channel dedicated to eDiscovery people and created by Aaron Patton of Trustpoint.One (which is a partner of eDiscovery Today!). For more great eDiscovery memes, follow Gates Dogfish on LinkedIn here! Don’t try to pretend you haven’t done that too! 😀

Here is the kitchen sink for November 1, 2024 of ten stories that I didn’t get to this week, with a comment from me about each:

But first: We Need Your Help! The eDiscovery Today State of the Industry Report survey is currently live, with 12 questions about the state of the eDiscovery industry, including questions on generative AI, technology assisted review (TAR), mobile device and collaboration app discovery, eDiscovery use cases, hyperlinked files, and more! Takes two minutes to fill out. Please check it out here – doing so will get you a FREE copy of the report when it’s published in January.

Canadian Judicial Council issues Guidelines for the Use of Artificial Intelligence in Canadian Courts: “The purpose of the Guidelines is to raise awareness of the risks inherent in the use of artificial intelligence (AI) tools, while providing a principled framework for understanding the extent to which these tools can be used appropriately to support or enhance the judicial role.” Good to be aware of what our neighbors to the North are doing!

ChatGPT Vs. Gemini Vs. Claude: What Are The Differences?: A good in-depth discussion of the three chatbots, including a variety of prompts thrown at them to see how they respond.

Is it time to turn luddite against legal AI?: In a word, no. The author raises several notable issues regarding AI, while saying “We do not talk so much about the downsides” of AI. Actually, we do, and the issues he raises (such as environmental issues, copyright concerns, etc.) are serious. But let’s work the problem, not encourage “luddite” behavior. Or maybe he was just using that title to get people’s attention? In my case, it worked. 🙂

Implications of the €310 Million LinkedIn Fine for GDPR Compliance: I totally missed this one. Good thing that Rob Robinson didn’t – he covers it on his ComplexDiscovery blog.

Can AI Replace Human Mediators? Groundbreaking Study Reveals Surprising Results: Ralph Losey details a study on the EDRM blog which had parties working with a mediator over text, not knowing whether it was a live person or a large language model (LLM). The results are shocking. Just as shocking (to me) is how much the human in his first AI-generated image looks like a younger version of me. 😐

Downey Jr. plans to fight AI re-creations from beyond the grave: You may have already seen this, but apparently RDJ has hired a law firm to go after companies that use his image, even if it’s after he dies. That’s literally a legal services engagement to die for! 😀

Why data is the Achilles Heel of AI (and every other business plan): The subtitle says it all: “Companies need to put their data houses in order before moving ahead with generative AI initiatives, warn two new surveys.” Music to my ears.

The Dual Impact of Large Language Models on Human Creativity: Implications for Legal Tech Professionals: Rob Robinson discusses a recent study that provides essential insights into how LLMs influence human creativity, both immediately and after the tools are set aside & how that can be applied to legal tech professionals. In other words, what the title said. 😉

OpenAI launches ChatGPT with Search, taking Google head-on: As this article discussed, the way we search the web is changing dramatically. Could that mean the end of Google’s dominance – at the hands of OpenAI or some other company? Possibly. Will the changes be good for the billions of us who use these search engines? Hopefully.

Is Marking Documents as “Work Product” an Admission that the Duty to Preserve is Triggered?: Michael Berman does a great job analyzing that question on the EDRM blog, looking at case law, authorities and The Sedona Conference Commentary on Legal Holds, 2d Edition. Guess what? Not all the resources agree on the answer.

Hope you enjoyed the kitchen sink for November 1, 2024! Back next week with another edition!

So, what do you think? Is this useful as an end of the week wrap-up? Please share any comments you might have or if you’d like to know more about a particular topic.

Image Copyright © Columbia Pictures

Disclaimer: The views represented herein are exclusively the views of the authors and speakers themselves, 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.