It’s not here yet, but it’s on the horizon. In today’s evolving tech landscape, Artificial Intelligence is transforming industries by offering innovative solutions to longstanding challenges, including safety improvements across various sectors. This evolution raises a crucial legal question: If AI can make your industry safer and you opt not to use it, could you be held liable for choosing the less safe (non-AI) option? It’s a legitimate question prompted by the earth-shattering pace of large language models over the past year.
Minnesota Legal Blog
Matthew J. Schaap
Big win at the Minnesota Supreme Court.
Congratulations to our attorneys Matthew Schaap and Cassie Wolfgram in a major win before the Minnesota Supreme Court. The decision reversed to $0 an incorrect determination that their client was obligated to pay back $1.2M paid for work performed for patients as part...
Authentication: Self-Authentication Methods
The federal rules of evidence recently changed specifically with the goal of modifying the authenticity requirements for certain ESI. Specifically, Fed. R. Evid. 902(13) and 902(14) were added to Rule 902 (the rule on self-authenticating documents), and these...
Authentication: Methods for Testing ESI
1. Comparison.Corroborate the ESI against other identical data. For example, one forwarded e-mail may be compared to other e-mails from other recipient.2. Control. The purpose of establishing a "chain of custody" is to ensure that the evidence has not been...
Authenticating ESI in Federal Court: Distinctive Characteristics
One method for authenticating ESI is based on its distinctive characteristics. This concept stems from the following portion of Rule 901(b):(4) Distinctive Characteristics and the Like. The appearance, contents, substance, internal patterns, or other distinctive...
Finding the Author: Using Subpoenas to Find the Anonymous Author
Social media once referred to MySpace. Now it refers to Facebook, Instagram and Twitter, among others. The amount of content posted on these sites is substantial. When a social media post is made, it generally (but not always) involves human input. This means the...
Minn. R. Evid. 901: Don’t Take Authentication for Granted
Minnesota's Rule 901(b) (on authentication) includes the following example of how a system can be authenticated:(9) Process or system. Evidence describing a process or system used to produce a result and showing that the process or system produces an accurate...
Minnesota Legal Ethics: Is it ok to Friend your Enemy?
Is it ok to friend your enemy in litigation? Probably not, if you're the lawyer. Remember, if you can't communicate directly with a represented party in real life, you also can't communicate through social media, e.g., requesting that they add you as a "friend." See...
Trial Practice: Federal Privacy Considerations in the Age of ESI
As part of the e-discovery process, keywords can be used to search hard drives, e-mail storage, thumb drives, discs and servers. Keywords can be useful in identifying potentially relevant documents. But practitioners should be aware-particularly when permitting...
How to Prove your ESI Hasn’t Changed
Trial Practice involves questions about authenticity and how a practitioner may prove that a document is what the advocate claims.The appearance of an active file format can be changed. One example is a forwarded e-mail message. A "forwarded" e-mail can be modified...