Short eDiscovery updates to 28 August 2012

I am increasingly using Google Plus to supplement the main articles in this blog. This allows me to cover a wider range of topics, mainly links to articles by others, to webinar announcements and to other things which would otherwise go unmentioned. These are quick and dirty posts, distinct from the generally longer posts on the blog itself. Apart from the speed and convenience of G+ for this purpose, every new post on the blog triggers an email alert to many regular readers, who will be driven away if I send them an email with every short post.

These compilations are in a fuller form than previous ones, which have been merely hyperlinked references. This format repeats the G+ articles and gives links to my G+ post, to the source file which is linked from G+, and to some to the names mentioned in the text. The purpose is partly to bundle them conveniently for blog readers who do not pick up these short posts from G+, or from my Twitter and LinkedIn pointers, and partly because of the SEO (Search Engine Optimisation) benefits of the cross-links.


FTI webcast – Survey Results: What Does Counsel Really Think About Predictive Coding?

This webcast has now taken place but is available for download

Ari Kaplan, Principal, Ari Kaplan Advisors
Barry Murphy, Principal, Murphy Insights
Joe Looby, Senior Managing Director, FTI Technology

While the promise of predictive coding is alluring, many questions remain for corporations and law firms. Where does the software end and the importance of workflow begin? What can lawyers do to effectively defend its use? Are companies using it successfully? How much money can it save?

FTI Technology commissioned an interdisciplinary survey of law firm leaders and senior corporate counsel to identify key trends and perspectives on the emergence of predictive coding. The interviews covered everything from high-profile court rulings and cost savings estimates to adoption inhibitors.

Attend this webcast to learn the survey findings and hear first-hand perspectives and practical advice for implementing predictive coding software and processes, including:

Fortune 1000 and Am Law 200 predictive coding adoption trends
Best matters on which to use predictive coding
Top areas of concern, including predictive coding as a “black box”

Published: 21 August 2012

G+ Post | Link to Source | FTI Technology


 ILTA Digital Program Guide now available

This event has now taken place

In addition to its comprehensive web based agenda and its mobile app, ILTA 2012 ac2dc has produced a Digital Program Guide which provides a convenient way of navigating this very packed conference agenda.

Published: 24 August 2012

G+ Post| Link to Source | ILTA Conference| ILTA


 Nuix appoints Mark Chardack as CEO for North America

Nuix has appointed Mark Chardack, formerly senior VP and Strategy Officer leading eDiscovery operations at Merrill Corporation, to be its CEO for North America.

Nuix was founded only 12 years ago, and was still small company when I first knew it. Mark Chardack’s appointment follows on from the appointment of Jim Kent as managing director for the UK and Europe earlier this year and points to strategic growth – something very different from merely making more sales.

That strategy includes moving the company’s focus from investigations where it began and into large-scale information governance without losing its focus on its roots– finding the evidence you need quickly.

Published: 24 August 2012

G+ Post | Link to Source | Nuix


FTI Webcast on 18 September: An Ounce of Prevention: keeping control of data

Any discovery exercise has many components. The focus on collecting, processing and reviewing the documents which you ought to disclose culminates in a production where are all the good work done hitherto may be undone by the inadvertent production of privileged material.

This is the subject of a webcast to be given by FTI Technology on 18 September with the title An Ounce of Prevention: Keeping Control of Data and Avoiding Inadvertent Productions. The speakers are Jessica Block of FTI Technology and Mikki Tomlinson of eDiscovery Journal. The moderator is JR Jenkins, Director of Product Marketing at FTI Technology. Between them they will consider best practices to deal with production challenges, including handling metadata, government production requirements and managing multiple productions on the same data.

Published: 24 August 2012

G+ Post | Link to Source | FTI Technology


EMC Forum 2012: Transform IT+Business+Yourself – 11 September in London

EMC is running a one-day conference in London on 11 September with the title EMC Forum 2012 – Transform IT+Business+Yourself.

It caught my eye because of the reference to “yourself”, a reminder that the best IT and the most sophisticated business thinking is valueless without the right people. Put the other way round, the conjunction of business and IT offers career opportunities at a level which few other areas offer at the moment.

Published: 24 August 2012

G+ Post | Link to Source | EMC Kazeon


 ZyLAB appears in Gartner Hype Cycles

I have not hitherto come across Gartner’s “Hype Cycles” which trace graphically the evolution of technology adoption to solve business problems across a range of industries.

The Hype Cycles themselves are only available by subscription or for a fee which I am not willing to pay, but Gartner has a description of the methodology which I will link to separately. Anything which includes terms like Technology Trigger, Peak of Inflated Expectations, Trough of Disillusionment, Slope of Enlightenment and Plateau of Productivity sounds interesting for anyone concerned with the corporate decision-making process.

It comes to my attention because ZyLAB has been included in two Hype Cycles, the Hype Cycle for GRC Technology 2012 and the Hype Cycle for Content Management 2012 and have written about it here.

Published: 24 August 2012

G+ Post | Link to Source | ZyLAB


 Gartner Hype Cycles explained

The previous post referred to ZyLAB’s inclusion in two of Gartner’s Hype Cycles. Gartner’s explanation of these is given below.

Published: 24 August 2012

G+ Post | Link to Source


 Mary Mack of ZyLAB: Rules-Based Coding Avoids Risks And Landmines In Predictive Coding

An interview on Metropolitan Corporate Counsel with Mary Mack, Enterprise Technology Counsel at ZyLAB.

Mary Mack weighs the advantages and the perceived drawbacks of using predictive coding which is, she says, in the “early adopter” stage. She describes what she calls a “middle ground” in a rules-based approach which, the interviewer says, is “like a sharpshooter who was able to hit the target and not scatter the shots all around”.

Note the suggestion that this kind of technology – predictive coding or rules-based – can be used, within the constraints of local privacy laws, to monitor email traffic proactively for evidence of corruption and other illegal activity in the same way as intelligence organisations track terrorist activity.

Published: 25 August 2012

G+ Post | Link to Source| ZyLAB


 An FTI paper: E-Discovery Strategies For International Anti-Bribery Investigations

Metropolitan Corporate Counsel gives a useful summary of a white paper commissioned by FTI on e-discovery issues in international investigations, with emphasis on those conducted under the Foreign Corrupt Practices Act (FCPA) and other anti-bribery statutes.

There is a link to the paper itself for those who want to read more on this important topic.

G+ Post | Link to Source | FTI Technology

Published: 25 August 2012


Get Plugged in to ILTA 2012

Getting the message out, even on the stairs, at ILTA 2012.

Published: 27 August 2012

G+ Post | Photograph | ILTA 2012 | ILTA


Sheila Mackay of Xerox XLS on sampling

A helpful contribution to the debate about the extent to which lawyers need to understand sampling methodologies. A little, yes, but “Attorneys should not be expected to excel in sampling and statistically sound measurement.”

Are attorneys really now required to be experts in sampling methodology? Is the court shifting the sentiment expressed in Magistrate Judge Facciola’s hallmark U.S. v. O’Keefe opinion just a few years ago that described attorney forays into highly technical methodologies as territory “where angels fear to tread”?

Surely, sampling has entered the mainstream lexicon of e-discovery practitioners and there’s no greater illustration of that fact than Judge Doherty’s Case Management Order and other recent technology-assisted review cases (Da Silva Moore v. Publicis Groupe and Global Aerospace Inc. v. Landow Aviation LP).

But by any deeper analysis, no. Attorneys should not be expected to excel in sampling and statistically sound measurement.

As an article by Xerox XLS senior search consultant Amanda Jones co-wrote with Ben Kerschberg said, 2012 will be the year of re-humanizing technology-assisted review…

Published: 28 August 2012

G+ Post | Link to Source | Xerox XLS

The next set of these will follow not far behind.


About Chris Dale

I have been an English solicitor since 1980. I run the e-Disclosure Information Project which collects and comments on information about electronic disclosure / eDiscovery and related subjects in the UK, the US, AsiaPac and elsewhere
This entry was posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, FTI Technology, ILTA, Millnet, Nuix, ZyLAB. Bookmark the permalink.

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