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eMerge: Latest News and Developments — December 2024

Dec 19 2024

Our eMerge team is excited to share the following updates:

eMerge attorneys are advising clients on data management and information governance issues associated with the development and use of generative artificial intelligence (AI) tools. This legal work, informed by our own experience in using AI technology and working daily with client data, has allowed us to further reduce risks to clients in this evolving area. We are proud that our attorneys’ practical guidance in eDiscovery and data management has earned them a global ranking from Chambers, along with other notable recognitions.


Generative AI Consulting

Case Study

When Troutman Pepper litigators reached out to eMerge with more than 100,000 documents that required careful assessment in advance of a rapidly approaching 30(b)(6) deposition in a class action, eMerge quickly devised and executed a first-of-its-kind generative AI-powered strategy to cost-effectively identify key documents and prepare topic-specific deposition outlines.

Marshalling their substantive AI experience, Principal Jason Lichter and Senior Discovery Attorney Katelyn Gillece directed the safe and defensible use of Relativity’s aiR for Review and aiR for Case Strategy applications alongside Fileread, an enterprise generative AI chatbot, to accurately isolate those documents most germane to the topics central to the corporate designee deposition with minimal eyes-on review. In consultation with merits attorneys and internal and external data scientists, Lichter and Gillece engineered and validated prompts that achieved startling accuracy in parsing complex industry-specific concepts, gaining the client’s trust and the case team’s confidence along the way.


eMerge Service Spotlight

Information Governance Consulting

Troutman Pepper eMerge offers tailored information governance consulting services to help organizations manage and preserve data from messaging applications, collaboration platforms, and mobile devices. eMerge attorneys develop and enforce electronic communications policies and create custom retention and remediation workflows to ensure compliance with legal and regulatory requirements. These services enhance data security, streamline management processes, and mitigate risks associated with data breaches and loss, ensuring that data is appropriately used and easily retrievable when needed, thereby supporting overall organizational efficiency and compliance.

In the last few months alone, eMerge has advised clients on Microsoft Teams meeting recording and transcript retention best practices, mobile device data governance, and AI-aided data classification.


Thought Leadership

Important Microsoft eDiscovery Updates

Several key Microsoft 365 eDiscovery enhancements have rolled out over the past few months. These improvements are designed to streamline workflows and provide greater insights into your data. We encourage you to explore these new features as they become available and leverage them to enhance your processes. We are available to assist you in maximizing the benefits of these enhancements and navigating known challenges. We will continue to monitor these updates and provide additional information as it becomes available.

Harnessing Generative AI: Innovations and Best Practices

eMerge Managing Partner Alison Grounds joined Partner Brett Mason, host of The Good Bot podcast, where they highlighted the firm’s integration of generative AI and discussed the formation of a task force to consolidate resources and deploy AI effectively across the firm. The conversation also covered best practices for companies looking to implement generative AI, emphasizing the importance of involving the right stakeholders and developing flexible policies that balance innovation with risk management. Alison highlighted the evolving perspectives of clients on AI, noting a shift from initial fear to excitement and proactive engagement. Click here to listen to the podcast episode.

Harnessing Technology in Litigation: Insights From Troutman Pepper eMerge

Principal Jim Calvert joined Partner Steve Hewitson to discuss the transformative role of technology in complex regulatory proceedings and litigation. This insightful discussion covered the benefits of streamlined processes and centralized data management, as well as the exciting developments involving AI. Learn how innovative solutions are building trust, enhancing efficiency, and fostering better outcomes. Click here to watch the video.

Commentary on Proportionality in Cross-Border Discovery

Principal Jim Calvert co-authored the November 2024 The Sedona Conference white paper, “Commentary on Proportionality in Cross-Border Discovery.” The Sedona Conference (TSC) is a nonpartisan, nonprofit 501(c)(3) research and educational institute dedicated to the advanced study of law and policy in the areas of antitrust law, complex litigation, intellectual property rights, and data security and privacy law. Click here for more information.


Speaking Engagements

2024 DRI Insurance Coverage and Practice Symposium

eMerge Managing Partner Alison Grounds spoke at the 2024 DRI Insurance Coverage and Practice Symposium on the “Weaponization of Discovery in Coverage Cases.” Alison explored the weaponization of discovery by the policyholder bar and how to combat efforts to (1) force settlement by exponentially increasing the costs of litigation through burdensome discovery, and (2) trip up carriers into a discovery sanction. Click here for more information.

Safeguarding Corporate Assets: Leveraging Copyright and Trade Secret Protections to Combat Corporate Espionage

In an era where corporate espionage poses a significant threat to businesses, understanding how to effectively use copyright and trade secret protections is crucial. eMerge Managing Partner Alison Grounds and members of the Corporate Espionage Response team discussed strategies and best practices for preventing and remedying corporate espionage. Click here to view the recording. While we hope you find this presentation informative, CLE credit is not available for this recorded program.

Navigating Ethical Pitfalls With Generative AI

eMerge Managing Partner Alison Grounds and Troutman Pepper ICS Director and Ethics Counsel Jessica Davis discussed the dynamic landscape of generative AI, including its practical applications and potential benefits. They also highlighted the ethical considerations that arise with this technology. The session provided insights on how to navigate and mitigate these challenges, ensuring responsible AI deployment. Click here to view the recording. While we hope you find this presentation informative, CLE credit is not available for this recorded program.

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