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Articles by Kelly Lavelle
Handling Sensitive Client Data in a Forensic Collection Without Risking Spoliation
While plainly irrelevant personal content can be excluded from review populations, firms should preserve the complete original forensic image and restrict access rather than delete data, maintaining evidentiary integrity while implementing clear policies for handling sensitive information.
Handling Sensitive Client Data in a Forensic Collection Without Risking Spoliation
Kelly Lavelle of Kang Haggerty. Courtesy photo. A forensic collection of a client’s cellphone or other data source often captures potentially responsive communications alongside substantial amounts of personal information unrelated to the litigation. A cellphone may contain years of private messages and photographs, medical and financial information, family discussions, location data, and communications involving third parties with no connection to the case.
Metadata Attorneys Are Not Asking for (but Should Be)
Kelly Lavelle of Kang Haggerty. Courtesy photo. Most attorneys recognize the importance of metadata and routinely request standard fields such as creation dates, modification dates, authors and email transmission details. But those fields are not always the metadata that matters most. In a wrongful termination case, for example, counsel may request an employee’s personnel file and metadata showing when a disciplinary memo was created.
AI Systems and the Question of Confidentiality
Kelly Lavelle of Kang Haggerty. Courtesy photo. Much of the attention surrounding generative AI in litigation has focused on hallucinated authorities and AI-generated filings. But a different litigation risk arises when lawyers, or even clients themselves, enter client information into an AI platform. Before privilege or production issues arise, the more basic inquiry is whether the information was ever confidential in the first place.
Understanding and Applying Local Rules When Drafting ESI Protocols
Kelly Lavelle of Kang Haggerty. Courtesy photo. ESI protocols govern how parties preserve, collect, review, and produce electronic evidence in federal litigation. What once was a obscure procedural topic now lies at the center of nearly every civil case involving documents, emails, databases and other forms of electronic data. ESI protocols provide structure and predictability in an area that can otherwise be costly and difficult to manage.
Discovery Risks of ChatGPT and Other AI Platforms
Law.com CompassLaw.com RadarVerdict SearchScholarChina Law & PracticeLegal Dictionary Click to enter your existing username and password or create a new account. Click to purchase an individual user subscription with your credit card. Expert OpinionE-Discovery 5 minute readAugust 21, 2025 Kelly Lavelle of Kang Haggerty. Courtesy photo. OpenAI CEO Sam Altman recently warned that ChatGPT conversations are not legally protected and can be used as evidence in court.
The Importance of Federal Rule of Evidence 502 and Its Impact on Privilege
Federal Rule of Evidence 502 governs the treatment of inadvertent disclosures of privileged attorney-client communications or work-product materials. While Rule 502 is an evidence rule, the cases interpreting and applying it focus on its impact on the scope of discovery. Enacted by Congress in 2008, it was designed to address the growing risks of inadvertent disclosure in the era of e-discovery.
Impact of Blockchain on Data Preservation and Discovery
Originally developed as the foundation for cryptocurrencies like Bitcoin, blockchain technology’s potential extends far beyond digital currencies. Its decentralized and secure nature makes it a transformative tool for data preservation and management across various fields, including healthcare, supply chain management, asset administration, banking, and financial markets. Traditionally, e-discovery has relied on centralized systems and methods for gathering data.
Navigating the Shift: Understanding Modern Attachments in E-Discovery
The development of new file-sharing techniques creates a dynamic challenge for legal professionals and raises significant questions about electronic discovery. Most organizations now utilize cloud-based file systems for file creation, organization, and sharing. Rather than cluttering emails with attached documents, links to files stored in web-based clouds are sent, directing recipients straight to the source document.
Strategies for Successful Recovery of E-Discovery Expenses
E-discovery has evolved into an integral component of the litigation process. With vast amounts of electronic data available, expenses associated with e-discovery can be substantial. In federal courts, the presumption is that the responding party is responsible for bearing the costs associated with discovery requests, including those related to electronic discovery. However, there are avenues through which parties can seek recovery of e-discovery expenses.
AI Use Is Exploding—Companies and Law Firms Must Set Clear Guidelines, Expectations | The Legal Intelligencer
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Technology-Assisted Review: A Superior Approach in Legal Document Review Original
Technology-assisted review (TAR) has changed how lawyers manage and analyze vast volumes of electronic data in the ever-changing landscape of legal document review. Traditionally, search terms have been the preferred method in the e-discovery process. However, TAR is rapidly emerging as a superior alternative, offering numerous benefits over conventional search terms in legal document review.
Beware of Ethical Issues in Today’s E-Discovery Landscape
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas. View Now Our Team Account subscription service is for legal teams of four or more attorneys.
Safeguarding Data Privacy in the E-discovery Process
The issue of data privacy is a growing concern as the generation and storage of electronically stored information (ESI) continues to increase. The challenges of handling digital evidence will only increase as companies expand their use of artificial intelligence (AI). In litigation, sensitive information is often involved, making data security a top priority for corporations and law firms during e-discovery.
Impact of the Attorney-Client Privilege Purpose Requirement on E-Discovery
On Jan. 9, the U.S. Supreme Court heard oral argument on whether the attorney-client privilege protects against disclosure of dual-purpose communications—where the communications contain both legal and nonlegal advice. The case In re Grand Jury, 23 F.4th 1088 (9th Cir. 2022) is under review to determine this question. In re Grand Jury arose from a grand jury subpoena to a law firm seeking communications related to tax advice given to a client.
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