As we move past the midway point of the year, the landscape of legal technology continues to evolve rapidly. To shed light on the latest mid-year legal tech trends, EDRM‘s Mary Mack and Kaylee Walstad hosted a lively discussion with two esteemed guests: Brett Burney from Nextpoint and Doug Austin from eDiscovery Today.
About the Guests
Doug Austin
Doug is a recognized leader in the field of ediscovery, boasting over three decades of experience delivering best practices, consulting on legal tech, and managing technical projects for various commercial and government clients. He has been a featured speaker at major industry conferences such as LegalTech New York, ILTACON, Relativity Fest, University of Florida eDiscovery Conference, Masters Conference, as well as various local and regional conferences. Doug has also presented numerous CLE-accredited webcasts.
Brett Burney
Brett is Nextpoint Law Group‘s VP of eDiscovery Consulting and a widely recognized authority on the complex ediscovery issues litigators currently face. In addition to consulting with corporations and law firms on their data management and legal technology issues, Brett is a journalist, podcaster, speaker, and author. Before founding his ediscovery consulting practice, Brett supported lawyers at an AmLaw 200 firm, where he worked with litigation teams in building electronic document databases, counseling on ediscovery issues, and managing the technical responsibilities of presenting evidence at trial.
This highly dynamic group dove into several pressing topics in the legal tech world, offering valuable insights and key takeaways. Among the key trends discussed were:
- Hyperlinked Modern Attachments: How this contemporary form of attachments has fostered countless questions and conversations about modern evidence
- GenAI: The impact of generative artificial intelligence (GenAI) on the legal industry, including practical applications and future possibilities
- Deep Fake Evidence: The challenges and implications of deep fake technology in the realm of legal evidence
“Modern attachments” have recently been in the spotlight due to their prevalence in current high-profile cases like the In re Uber, Techs., Inc. Passenger Sexual Assault Litig. On August 27th, Brett and Doug will team up with Kelly Twigger of eDiscovery Assistant to dive even deeper into this contentious topic in a webinar hosted by Nextpoint and EDRM. But what makes these files so different from traditional attachments and hyperlinks?
“We’ve had hyperlinks in emails since as long as we’ve had emails,” Doug says. “But what’s changed is that these particular hyperlinks are linking to files that are not necessarily static. As technology evolves, so will the court’s position on how we treat these files.”
Doug explains the evolving nature of hyperlinks in emails, highlighting their shift from static links to dynamic attachments. As technology progresses and legal tech trends evolve, so too does the legal landscape’s approach to handling these files. This sets the stage for a broader conversation about how advancements in legal technology, including GenAI, impact evidentiary standards.
Brett poses the question: “If we’re talking about GenAI or tools that can generate content, what does that mean from an evidentiary standpoint? Will we see more of this?”
“I expect we’re going to see more deep faked content related to the election,” Doug answers. “And we’ll certainly see increasing rules to address that evidence as well.”
Doug continues to explain that disputes and questions will arise when AI-generated content is reported as legitimate, calling for digital forensics skills and tools that can validate the authenticity of electronic evidence. “I feel like AI-generated content and potential of deepfakes is going to put more value on metadata and forensic analysis of electronic evidence,” he says. “Because it’ll be one of the tools that will help differentiate factual content from AI-generated deep fake content.”
From the evolution of hyperlinked attachments to the profound implications of generative AI and the increasing prevalence of deep fake evidence, it’s clear that staying informed and adaptable is essential for legal professionals in the modern digital age. These advancements are not just transforming how legal processes are conducted, but also demanding new standards for handling evidence and maintaining integrity in the field.
To delve deeper into how these mid-year legal tech trends and innovations are revolutionizing ediscovery practices for small to medium law firms, be sure to click here and listen to the full podcast. It’s an essential listen for anyone looking to stay ahead in the dynamic world of legal technology.
Learn More About Modern Attachments
Get the latest tips and insights on this hot legal tech topic from three top ediscovery experts: Brett Burney of Nextpoint Law Group, Doug Austin of eDiscovery Today, and Kelly Twigger of eDiscovery Assistant. The hour-long webinar will be hosted by Nextpoint and EDRM.