Short eDiscovery Updates to 9 September 2012

This adopts my experimental new format which bundles my Google Plus posts for a period (not necessarily a fixed period) and makes their text available here, together with links to the G+ posts, to the source and to some of the names mentioned in the post.

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In Re: Actos – Does New Federal Litigation Clarify Predictive Coding In eDiscovery?

Article by Matt Nelson of Symantec concludes that the answer to the question posed above is “no” because:

While Actos represents another step in the evolution of predictive coding, the protocol explained in the Order does not provide enough transparency to ensure the overall integrity of the predictive coding process.

Published: 2 September 2012

G+ Post | Link to Source | Clearwell eDiscovery Platform

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ILTA 2012 [Photographs]

The 3rd Annual ILTA Distinguished Peer Awards at the Gaylord National Harbor at Washington D.C. on 30 August 2012.

Published: 2 September 2012

G+ Post | Photographs | ILTA 2012 | ILTA

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Some ILTA 2012 Exhibitors [Photographs]

Some photographs taken whilst wandering round the Exhibition Hall at ILTA 2012 at the Gaylord, National Harbor, Washington in August 2012.

This is a collage not a set of advertisements for favoured providers – the ones which came out all right without flash in low light, in no particular order.

Published: 2 September 2012

G+ Post | Photographs | ILTA 2012 | ILTA

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ILTA 2012 – Scenes at the Gaylord, National Harbor, Washington D.C

Random shots over the conference period 26-30 August 2012

G+ Post | Photographs | ILTA 2012 | ILTA

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Charles Christian guest post on EntrepreneurLawyer: LawTech Europe, Richard Susskind, Grisham and Rumpole…

Chrissy Lightfoot of EntrepreneurLawyer – aka @TheNakedLawyer on Twitter – carries a post by Charles Christian of the Orange Rag and Legal Technology Insider about LawTech Europe, the legal technology conference in Prague on 12 September of which I wrote recently.

All three people named Chris – Chrissie Lightfoot, Charles Christian and Chris Dale –  will all be there. Although (as I reported recently from ILTA) Charles and I are sometimes mistaken for each other at foreign venues, anyone who confuses Chrissie Lightfoot with either of us needs more than his or her eyes tested.

Charles’s article sets the scene.

Published: 5 September 2012

G+ Post | Link to Source | LawTech Europe

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Guidance Software to present at ThinkEquity’s 9th Annual Growth Conference

Victor Limongelli, President and CEO of Guidance Software, is amongst those taking part in a presentation at G9: ThinkEquity’s 9th Annual Growth Conference to be held at Le Parker Meridien, New York City, on 12 September 2012.

ThinkEquity provides research, equity financing, M&A advisory, institutional sales and trading, wealth management and asset management services to institutional investors, corporate and private clients, venture capitalists, entrepreneurs and financial sponsors.

Published: 5 September 2012

G+ Post | Link to Source | Guidance Software

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Ron Friedmann’s ILTA 2012 Musings

It was good to catch up with the ever-thoughtful Ron Friedmann at ILTA just as it was announced that he is joining Fireman & Company

Here are his thoughts on ILTA 2012 together with links to some much more detailed posts which report on the knowledge management discussions at ILTA.

Published: 5 September 2012

G+ Post | Link to Source | Fireman & Company announcement

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Millnet blog: Size Matters – translating gigabytes and terabytes into something lawyers can understand

What is the paper equivalent of the standard measures of data volumes?

I have seen lawyers’ eyes glaze over at the mere mention of a gigabyte.  All they want or need is to be able to visualise what is involved. After all, we all had an idea of what was meant by a file or a bankers’ box, even though both came in different sizes. Similarly with a lever arch file, which might hold different numbers of sheets of paper depending on the size of the sheets and/or the ingenuity of the person filling the file.

Published on 5 September 2012

G+ Post | Link to Source | Millnet

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Bob Ambrogi on the Catalyst E-Discovery Search Blog: A Suggestion for the ABA Blawg 100: Recognize E-Discovery Blogs

Bob Ambrogi, a respected eDiscovery writer himself, wonders why the ABA Blawg 100 does not have a category for eDiscovery blogs. he says:

E-discovery is not a niche. To the contrary, it may well be the single-most rapidly expanding area of law practice today. Whereas electronic data was once a curious anomaly, it now pervades every aspect of litigation and, indeed, of most law practice. E-discovery as a practice skill and as a practice area is now critical to lawyers and law firms.

Published: 5 September 2012

G+ Post | Link to Source | Catalyst

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Summation Roadshow with added MPE

AccessData is doing an international roadshow of the revamped Summation with live demonstration in several US cities and around the world. The next one is in Dublin on 11 September.

In addition to the web-based document, electronic data and transcript review platform which comprises Summation’s beginning-to-end eDiscovery application, AccessData is giving an introduction to its Mobile Phone Examiner Plus (MPE+) which I wrote about here.

Published: 6 September 2012

G+ Post | Link to Source | AccessData

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Bob Ambrogi: new Federal Jury Instructions aimed to deter jury use of social media

Bob Ambrogi writes about new Federal Jury instructions which are to be delivered by the judge at the beginning of the trial and again before deliberations. The article helpfully includes the text of the instructions.

Published: 6 September 2012

G+ Post | Link to Source

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Swiss Re selects Recommind’s Axcelerate eDiscovery software

Recommind has announced that Swiss Re has deployed its Axcelerate review and analysis solution in-house as part of Swiss Re’s strategic approach to eDiscovery and information governance.

Christian Zeunert, head of the discovery management at Swiss Re is quoted in the press release as saying, amongst other things, that “the Recommind team is extremely focused and customer-oriented, which has contributed greatly to the success of this project.”

You can hear Christian Zeunert speak next week at IQPC’s conference Information Governance and eDiscovery for Financial Services  in London on 10-12 September. He is speaking on Wednesday afternoon at 2:00pm on the subject of cross-border eDiscovery challenges.

Published: 6 September 2012

G+ Post | Link to Source | Recommind

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Eduardo Reyes in the Law Society Gazette: the reshuffle and the business of law

Eduardo Reyes, writing in the Law Society Gazette, says of the outgoing ministers at the Ministry of Justice that “the MoJ has had what might politely be termed broad-brush people in a rush.”

He describes the MoJ as “a flaky agent of change” who put important things like legal aid “in the ‘too difficult’ box” as part of a “devil-may-care slackness in justice policy”.

Reyes is obviously a restrained man, or perhaps Gazette policy requires him to be polite. The MoJ is a shambles, politically, administratively and in every other respect which you can think of.

My own tweet on the subject this morning said:

Could Ken Clarke take the MoJ senior staff with him as he goes? They too could have a “roving brief” – roving round their gardens perhaps.

Published: 6 September 2012

G+ Post | Link to Source

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Sheila Mackay of Xerox: Why Keyword Search Won’t Go Away

No one tool or set of techniques is right for all discovery exercises, and it follows (more or less) from that assertion that no one tool or technique is wrong. What lawyers need is a set of tools and some idea of their strengths and weaknesses in given sets of circumstances.

Condemning keywords as useless is no more useful than peddling the idea that keywords are all you need. They serve their purpose, often as part of a wider strategy which uses more sophisticated technology as well.

A short but helpful article by Sheila Mackay of Xerox sets out some of the advantages of using keywords including:

1. Reduced hosting and review costs
2. A smaller, richer set of documents
3. Better search term negotiations outcome with opposing counsel
4. Defensibility throughout the process
5. Focus on case strategy

Xerox, of course, has its own extremely sophisticated technology-assisted review tool called CategoriX and Sheila Mackay provides links to other articles which, for example, expand on the relationship between keyword search and technology assisted review.

Published: 6 September 2012

G+ Post | Link to Source | Xerox XLS

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Applied Discovery: choosing the right Relativity experience

The ubiquity of kCura’s Relativity,  coupled with the ability to customise it, means that users can go to a variety of providers, each of whom can choose to package and present Relativity in a different way.

Applied Discovery is one such company. A recent short article by Relativity Solutions Manager Geli Wuerzner points to three ways in which one provider can differentiate itself from others. These are:

Customised feature sets, automation and “baked-in workflows” vary from company to company

Scalability may vary

The “levels of talent, service and experience can vary widely from service provider to service provider”.

Published: 6 September 2012

G+ Post | Link to Source | Applied DiscoverykCura Relativity

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FTI Consulting: eDiscovery Strategies for International Anti-bribery Investigations

I wrote at length recently about an excellent webinar which FTI and Skadden gave jointly with the title Best eDiscovery Practices for international and FCPA investigations.

FTI has now published a paper which covers the same ground and includes very helpful diagrams and graphs which were shown in the webinar and referred to in my earlier article.

The link below is to the download page from which you can access the paper. I recommend it as a succinct summary of the issues which face those who must collect data and documents in multiple jurisdictions for FCPA or UK Bribery Act purposes – or, indeed, for any purposes.

Published: 06 September 2012

G+ Post | Link to Source | FTI Technology

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FTI Press Release: FCPA Survey by FTI Consulting Showcases Growing Data Privacy Challenge

This press release supplements my post just published about FTI’s paper E-discovery Strategies for International Anti-bribery Investigations  which publishes the results of a Foreign Corrupt Practices Act (FCPA) investigation survey of 114 legal and accounting professionals who have handled e-discovery matters for either multinational investigations or cross-border litigation.

Published: 6 September 2012

G+ Post | Link to SourceFTI Technology

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eDiscovery Journal: Barry Murphy’s Quick ILTA Wrap

I have not yet finished my own account of ILTA 2012 http://conference.iltanet.org/ . When it comes, it will not includes lists of what I saw and who I spoke to – that is not my function in life.

eDJ’s Barry Murphy has done it for us anyway, along with a summary of a couple of points which came his way during the conference.

Published: 6 September 2012

G+ Post | Link to SourceILTA 2012

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Georgetown Law’s eDiscovery Training Academy – Supported by Guidance Software – Wins 2012 Award for Professional Excellence

I have written before about Guidance Software’s role in supporting Georgetown Law’s eDiscovery Training Academy. That has now won the 2012 Award of Professional Excellence by the Association for Continuing Legal Education.

Patrick Burke, Assistant General Counsel at Guidance Software, has written about the Academy, which was attended by 77 participants from corporations, federal and state agencies, law firms and e-discovery vendors from the US, Canada and Europe.

Published: 6 September 2012

G+ Post | Link to Source | Guidance Software

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Millnet: Ask a Man Who Can – some points on self-collection

The link is to an article by Charles Holloway of Millnet which draws attention to the main points which may be overlooked by those who want to save a bit of money – as they think – by self-collecting data for eDiscovery purposes.

To Charles’s sensible points I will add only this: leaving on one side all the defensibility issues which can arise with self-collection, it is an exercise which takes work, and work takes time and costs money. Before embarking on an eDiscovery self-collection exercise, it might make sense to find out what the cost implications are of involving an expert. You could be doing something more useful while the collection is being done for you.

Published: 7 September 2012

G+ Post | Link to Source | Millnet

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The NZ E-Discovery Blog: Promoting the importance of cooperation and proportionality

New Zealand has been a gentle buzz in the eDiscovery air during this year. I put it that way to suggest a gently-growing sense that electronic discovery and its importance are gradually permeating the consciousness of New Zealand’s lawyers, and that New Zealand is coming up on the radar of one or two of the world’s major eDiscovery suppliers.

That this is so is due in part to Andrew King, whose NZ EDiscovery Blog makes points which would be of of value in any jurisdiction, and Judge David Harvey who, in addition to his interest in technology as an aid to justice, has written a useful article on judicial use of social media and was the judge who made the most significant of the Kim Dotcom / Megaupload judgments.

Both these people come together in a report by Andrew King of a eDiscovery seminar in Auckland last week. Note in particular the observations addressed to small firms with small matters.

Published: 7 September 2012

G+ Post | Link to Source

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Metropolitan Corporate Counsel: Warwick Sharp of Equivio with Top 10 Best Practices in Predictive Coding

Equivio’s Warwick Sharp is one of the most lucid exponents of predictive coding – unsurprisingly, perhaps, since Equivio is one of the leading providers of this technology.

In an article on Metropolitan Corporate Counsel, Warwick sets out ten points to be considered when using, or considering the use of, predictive coding. His headings are:

1. Choose The “Expert” With Due Consideration
2. Collaborative Training
3. Tag By “Application-Accessible” Data
4. Super-Issue And Individual Issues
5. Separate Control Documents From Training Documents
6. Build Control Before Training
7. Use Manual Training Mode
8. Track Training Consistency
9. Use Graduated Relevance Scores
10. Validate results

The article explains each of these points and their importance.

Published: 7 September 2012

G+ Post | Link to Source | Equivio

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The supply of these links does not, alas, ever seem to dry up. More soon.

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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 AccessData, Catalyst, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Equivio, FTI Technology, Guidance Software, KCura, Millnet, Recommind. Bookmark the permalink.

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