Vince Neicho, litigation support expert at Allen & Overy in London, has an interesting article in Legal Week about the increasing amount of discussion and shared ideas between those interested in e-discovery / eDisclosure in the US and the UK.
The heading, The same, only different, and the graphic which merges the flags of the two countries, presage the points which Vince makes. There are a mass of differences between the way the courts of the two countries approach the obligations which the parties have to disclose documents. In many ways, the perception amongst UK lawyers and judges that the whole business is just very expensive stems from these outward differences.
What the article does, however, is to emphasise that there are also core similarities, and that these are likely to increase as each side learns more about the rules and practices in the others’ jurisdiction.
I will have more to say about this, but Vince’s helpful article spares me from having to summarise where we stand at the moment.
Whilst with Allen & Overy, as it were, I came across an interesting article on the firm’s web site by Richard Farnhill. Called Litigation in the economic downturn: Lehman Brothers, the aftermath, it looks at one set of proceedings within the administration of Lehman which, although involving over $2 billion of assets, concerns only a fraction of Lehman’s assets – and Lehman is only one of the banks involved. Drawing attention to the seven and a half months which it took the administrators to bring this one urgent application to court, Farnhill concludes that the legal issues arising from the economic crisis will be with us for a long time.