Charles Chaffin’s Numb: How the Information Age Dulls Our Senses and How We Can Get them Back on conformation bias got me thinking about our new generation A.I. review systems. Legal practitioners have long known about the dangers of conformation bias blinding them to key facts adverse to their client’s positions. I am not an […]

The recent raft of spoliation sanctions like Iacovacci v. Brevet Holdings, LLC seem to share fundamental misunderstandings around where key decision communications resided and how to preserve them. Broadly worded legal hold notices do indeed usually cover text and chat messages. Rarely do they convey practical instructions on preservation. In my opinion, these informal communication […]