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Reuters
16-04-2025
- Business
- Reuters
From AI chatbots to social media: data collection in the digital age
April 16, 2025 - The advent of new software applications may pose challenges for collections in the course of discovery, in addition to the challenges faced at the identification and preservation stages of the EDRM. Attorneys, and importantly, the technologists they work with need to be aware of how to defensibly collect data from these new applications and understand the limitations posed by these technologies so they can appropriately detail collections efforts to the court if needed. What follows are best tips and advice for collecting those novel data sources, from AI chatbots to social media applications detailed in February's article. Jumpstart your morning with the latest legal news delivered straight to your inbox from The Daily Docket newsletter. Sign up here. While it may be tempting to have a client simply take a screen shot of relevant data, this particular method of collection does not preserve metadata and certainly calls into question evidence's chain of custody and authenticity. As such, it is important to understand the appropriate ways to forensically collect data sources so chain of custody is maintained, metadata remains intact, authenticity can withstand challenge, and you can effectively converse with an e-discovery vendor. Note that much of the advice detailed below is best employed by an e-discovery vendor skilled at forensically collecting a wide variety of data sources, but understanding the process will ensure an accurate representation to your client and the court. When it comes to AI chatbots, third-party messaging applications, and social media platforms, there are several steps involved in collecting data. First and foremost, understanding the type of account that needs to be collected is extremely helpful. Most importantly, it is helpful to know if the collection is of a personal account, a business account, a free account or a paid account, as collection methods can differ based on account type. For a personal account, exports will require having the user's username and password as well as access to the individual's device and a means of communicating any two-factor authentication required by the application. Most social media accounts, including Facebook, Instagram, X, Snapchat, TikTok, Mastodon, Bluesky, and Threads, will require two-factor authentication if this privacy setting is enabled in the application. Additionally, the export of personal or free versions of an application may be more limited than the exports available for a business or paid account. For example, Slack provides export capabilities of public channels for free accounts whereas Business+ accounts allow the export of both public and private channels. For a business account, you will likely need to gain administrative level access to the application through a company's IT professional or person with the most knowledge of the application in question. Corporate or business accounts can have different tiers or levels of administrative controls, which are dependent on subscriptions or plans. For example, different from a personal Teams account, Teams for business can be managed through a Global or Teams Administrator, and WhatsApp Business has administrators who set appropriate access levels for users. For most applications, enterprise level products often have a friendlier user interface for bulk exporting data. They may also have choices for the format of the export. Lesser plans for a product may have limited export functionality, or none at all. As a second step, it is helpful to understand the reporting and exporting functions of these applications in general. Most applications, such as ChatGPT, Copilot, and Gemini, allow you to filter data of interest or run some type of export or report. However, there are products that have limited or no capabilities for exporting data. For example, Perplexity AI and Jasper AI do not offer an export feature. While Perplexity does allow you to export research reports and Perplexity pages to PDF or as a link, the application does not offer a built-in feature to directly export chat data. Jasper also does not have a built-in export feature for chat data, and while message boards have suggested copying and pasting the content desired for export to another location, such as Notepad, TextPad, or Word, these methods offer chain of custody and authenticity issues much like a screenshot. There are third party solutions, such as "Save My Chatbot," which can export chatbot threads into formatted Markdown files; however, these solutions have not been vetted and are thus not considered forensically sound methods of data collection. Other products have such strong encryption or protections on data that it is either very difficult or impossible to get data exported from them. One specific example is Signal. While these applications are the exception and not the rule, they do exist, and you must confer with an e-discovery professional to discuss what is and is not possible for collection. It is important for legal professionals to understand the nuances of data collection from various digital platforms, including AI chatbots and social media applications. While forensic collections ensure the integrity and authenticity of collected data, new applications can pose challenges for even the most seasoned e-discovery vendor. Regardless, by understanding the processes for collections, following best practices and collaborating with e-discovery professionals, attorneys can effectively navigate the complexities of modern data collection.
Yahoo
25-03-2025
- Business
- Yahoo
Reveal Wins the 2025 Legalweek Leaders in Tech Law Award for Best eDiscovery Technology
CHICAGO, March 25, 2025--(BUSINESS WIRE)--Reveal, the global provider of dual eDiscovery and investigation platforms powered by a single, unified AI engine, today announced it has been named the winner of the prestigious Legalweek Leaders in Tech Law Award for Best eDiscovery Technology. The award was presented during the fifth annual Legalweek Leaders in Tech Law Awards ceremony held Monday night, kicking off Legalweek 2025 in New York City. The Best eDiscovery Technology category recognizes legal technology companies or alternative legal service providers that help users implement technology that supports, streamlines or improves any aspect of the e-discovery process or any step in the EDRM framework. Reveal's comprehensive, dual approach to eDiscovery, which offers solutions for organizations of all sizes, from Am Law 100 firms to solo practitioners, was selected for its proven ability to significantly improve user outcomes and streamline workflows. "This recognition from Legalweek validates our mission to transform the practice of law through AI-powered technology that delivers meaningful results for our clients," said Wendell Jisa, Founder and CEO of Reveal. "I want to express my deepest gratitude to our incredible team at Reveal whose innovation and dedication make our success possible, to our customers who trust us with their most critical legal challenges, and to ALM for recognizing the impact of our technology." Reveal Enterprise for complex, enterprise-grade legal matters, combined with Logikcull by Reveal for smaller cases requiring simplicity and speed, democratizes the practice of law by making powerful AI-powered eDiscovery tools accessible to legal teams of all sizes. Underpinning its leading eDisovery platforms is Reveal's powerful AI technology. From GenAI features like 'Ask,' to its upcoming launch of its GenAI Review technology, Reveal continues its established legacy of redefining legal AI innovation for the benefit of legal professionals globally. As Rhys Dipshan, Editor of LegalTech News stated, "These awards recognize those who have made significant contributions to legal innovation from law firms, corporate legal departments and legal tech providers. They honor the efforts of legal professionals or organizations, specifically how they are pushing the boundaries of legal innovation, redesigning processes and improving the way legal professionals work or building the foundation for a more innovative, creative and knowledgeable legal industry." For more information about Reveal and its AI-powered eDiscovery solutions, visit About Reveal Reveal is a leading AI-powered platform for eDiscovery, document review, legal hold and investigations. The company has a deep history in driving the adoption of legal automation, which is underpinned by its leading processing technology, visual analytics, and artificial intelligence capabilities. Reveal's software combines technology and human guidance to transform structured and unstructured data into actionable insight. We help organizations, including law firms, corporations, government agencies, and intelligence services, uncover more useful information faster by providing a world-class user experience and AI technology that is embedded within every phase of the eDiscovery process. View source version on Contacts Media Contact: Liz Whelan312.315.0160lwhelan@ Sign in to access your portfolio
Associated Press
25-02-2025
- Business
- Associated Press
EDRM Announces DecoverAI as Newest Trusted Partner
DecoverAI's 360° Legal Brain™ is redefining how legal teams harness AI for discovery, strategy, and decision-making 'DecoverAI is not just an incremental improvement in legal technology - it's a complete rethinking of how AI can drive legal decision-making, strategy, and execution.' — Ravi Tandon, CEO & Co-Founder of DecoverAI. MINNEAPOLIS, MN, UNITED STATES, February 25, 2025 / / -- Leading the way for global best practices in eDiscovery, the Electronic Discovery Reference Model (EDRM) is pleased to announce that DecoverAI has joined the EDRM Trusted Partner Network. DecoverAI is their flagship, advanced AI-powered platform designed to revolutionize eDiscovery and legal research for law firms and legal departments. Privacy, security, and AI-enabled eDiscovery technology and services will play a central role in organizations as they strive to keep their data secure. Robust eDiscovery technology, supported by expertise and services, helps organizations respond to litigation, compliance, and investigation demands. In the era of hybrid and remote work at scale, organizations need to securely manage information, protect confidential and privileged access, and collaborate effectively to be efficient and productive and adhere to the increasingly complex demands of security and data privacy frameworks. The ability to have trusted relationships with organizations like DecoverAI in the legal environment is mission-critical. DecoverAI offers a smart solution that streamlines document review and legal research, saves time, and enhances data security, helping legal professionals work more efficiently and cost-effectively. At DecoverAI, their core values guide everything they do. They believe in fostering trust, championing customer success, driving innovation, building a supportive community, and advocating for justice. These values are more than just words, they are the foundation of their company culture and the principles that drive the team forward every day. 'The legal profession is drowning in data, yet existing tools fail to provide the intelligence needed to make sense of it all,' said Ravi Tandon, CEO & Co-Founder of DecoverAI. 'DecoverAI is not just an incremental improvement in legal technology - it's a complete rethinking of how AI can drive legal decision-making, strategy, and execution. Partnering with EDRM enables us to accelerate AI adoption across the legal industry, bringing a new era of efficiency, insight, and confidence to legal teams worldwide.' 'DeCoverAI's customer centric and citation forward approach to GenAI and eDiscovery will advance our community's practice,' said Mary Mack, CEO and chief legal technologist for EDRM. 'We are proud to introduce DeCoverAI's team and technology with their core values of community, justice, trust, innovation and customer success.' This partnership allows DecoverAI access to the EDRM community, comprising 33% corporations, 30% law firms, 23% software and service providers, and 12% governments, with the remaining 2% being a mix of educators, students, judges, and media in 145 countries spanning six continents. More information about DecoverAI is available at About DecoverAI DecoverAI is the next-generation AI-driven legal technology platform revolutionizing eDiscovery, legal research, and case strategy. Built on cutting-edge AI, automation, and natural language processing, DecoverAI empowers legal professionals to harness the full potential of their data - from pre-case assessment and discovery to motion drafting, compliance, case strategy, and oral arguments. Recognized as One of the Hottest Legal Tech Startups of 2024 by the LegalTech Fund, DecoverAI is defining the future of AI in the legal industry. With a mission to drive efficiency, accuracy, and strategic excellence, DecoverAI equips legal teams with the intelligence they need to outmaneuver challenges, reduce operational costs, and win more cases with confidence. For more information, visit: DecoverAI Media Contact: Ravi Tandon About EDRM Empowering the global leaders of eDiscovery, the Electronic Discovery Reference Model (EDRM) creates practical resources to improve eDiscovery, privacy, security, and information governance. Since 2005, EDRM has delivered leadership, standards, tools, guides, specifications, and frameworks to improve best practices throughout the world. EDRM has an international presence in 145 countries, spanning 6 continents and growing, and an innovative support infrastructure for individuals, law firms, corporations, and government organizations seeking to improve the practice and provision of data and legal discovery. Learn more about the EDRM at EDRM Media Contact: EDRM +1 737-703-8871
Reuters
16-02-2025
- Business
- Reuters
From AI chatbots to social media: data identification and preservation in the digital age
February 12, 2025 - The advent of new software applications, such as AI chatbots like ChatGPT and third-party messaging applications like Slack, may help streamline chaotic areas of our lives, but their inclusion in e-discovery preservation workflows could do quite the opposite. New applications may pose challenges for collections in the course of discovery, but they more immediately pose challenges at the identification and preservation stages of the EDRM (Electronic Discovery Reference Model). As such, attorneys need to be aware of new applications their clients are using so that they can ensure data generated by this software is preserved appropriately and can counsel their clients on what to do if the application does not allow for the preservation of this data. Identifying new sources of data and the challenges they pose for preservation The new applications an average client is likely to use can be placed in one of three categories: AI chatbots, third party messaging applications, and social media platforms. Once you have identified one of these sources as containing relevant data, the Federal Rules demand that this data is preserved so that sanctions are avoided. The most common way that data is deleted from these applications is through default or selected settings. As such, the most integral step in data preservation for these applications is to understand what, if any, the default data retention period of a particular application is and if the period can be actively changed by the individual user for preservation purposes. Note that, as technology changes, so too do the retention policies associated with these applications. Be sure to consult each application's website to understand its latest privacy and retention policies. 1. AI chatbots An AI chatbot is a tool that uses artificial intelligence to answer questions and respond to prompts. Some of the most popular AI chatbots are ChatGPT and Microsoft Copilot; however, new chatbots are always emerging. For example, Jasper AI, and Google's Gemini have garnered the attention of technology enthusiasts. ChatGPT chats are saved unless actively deleted; however, users can opt to disable the automatic saving of chat histories. As such, ensuring that a client does not actively delete relevant histories and that automatic retention settings are not disabled will prevent relevant information from being deleted. Copilot chats, especially when governed by a larger organization, can be retained for a set period of time before deletion. In this instance, retention settings are set at an enterprise level for an organization, so it best for an attorney to understand what the retention period is and ensure automatic deletion is suspended if needed. prompts are saved as long as the account is active, and once an account is deleted, information is removed from servers within 30 days. Here, instructing a client to keep his/her account active and to not actively delete chat histories will ensure messages are preserved. If a deletion occurs within the 30-day window, corresponding directly with for preservation may be warranted. Jasper AI appears to have a short retention period for chat history so it is important to collect data as early as possible, to understand if there are any other means by which relevant chat history was saved if deleted (i.e., screenshots), and to document the steps taken to attempt preservation in case needed in court. Gemini prompts are saved for up to 72 hours, and the last 24 hours of conversation data is accessible within a user's activity log even if a particular activity function is disabled. Auto-delete settings are managed by the user with options to save prompts for anywhere from three to 36 months. As such, instructing your client to choose the longest auto-delete setting along with making early arrangements for collection will prevent spoliation. 2. Third party messaging applications Third party messaging applications allow individuals to do everything from chat and conduct video conferences to store shared files. Teams and Slack are rampant in the corporate market, WhatsApp and WeChat are popular in the foreign data market, and Signal, Telegram, and Element have also gained traction. These tools often have back-end enterprise settings that dictate how long messages are kept. Teams messages are stored according to an organization's retention policy, and policies can be set for specific teams or an entire organization. Understanding your client's back-end retention policies for these applications will ensure that you counsel your client appropriately about disabling auto-delete functions. Slack saves messages for different lengths of time depending on the user's plan and set retention schedules. For free accounts, data is kept up to one year, and for paid plans, data is kept for as long as the paid workspace exists by default. As such, it is important to understand under which type of account your client is operating so that you can appropriately counsel them on maintaining an active paid workspace or implementing an early collection so messages that would be deleted in the ordinary course are preserved. For WhatsApp and Element, users can set messages to disappear after a set amount of time, though messages can be kept for the lifetime of the account. For Telegram, Signal and WeChat, data is retained until an account is deleted or the user actively deletes the data. For these applications, attorneys should counsel their clients to choose appropriate retention settings when available and avoid deleting an account or relevant messages. 3. Social media accounts Social media has remained a staple of content production. The popular platforms of Facebook, Instagram and X are still thriving alongside Snapchat and TikTok, but other new platforms have emerged such as Bluesky, Threads, and Mastodon. Social media applications often offer lengthy data retention. Platforms like TikTok, X, Facebook, Instagram, Mastodon, Bluesky, and Threads do not delete your posted information unless the account itself is deleted or if the user actively deletes the data. Oftentimes, even if an account is deleted, there is a period during which the company may keep a user's data before permanent deletion. It is best to counsel your client to not actively delete any relevant data from these platforms and to keep his/her account active. If an account is deleted, it may be worth checking directly with the platform to see if that data has been retained and if it can be preserved. Snapchat data deletes 24 hours after viewing or seven days after viewing, depending on a user's setting; however, the Memories feature of Snapchat allows content to be kept for as long as the user would like. In this instance, it is best to counsel your client to suspend the use of these applications for relevant communications, work on an early collection of anything that may be preserved through a client's Memories, and document your process in the interim. Keeping up with the future of data identification and preservation The rapid evolution of software applications presents both opportunities and challenges in the realm of e-discovery. As new tools emerge, it is crucial for attorneys to stay informed about the technologies their clients use and their associated data retention policies. By understanding the default data retention settings and advising clients on best practices, legal professionals can ensure that relevant information is preserved appropriately.
