Author Archives: Chris Dale

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About Chris Dale

Retired, and now mainly occupied in taking new photographs and editing old ones.

Notes from Hong Kong – talking about world eDiscovery

This is a continuation of a series of mini-posts following my recent visit to Hong Kong. Browning Marean of DLA Piper US is one of the few US lawyers who understands the difference between eDiscovery messages which travel and those … Continue reading

Posted in Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure | Leave a comment

Judge Peck comes out fighting and denies Da Silva Moore recusal motion

US Magistrate Judge Andrew Peck yesterday denied the Da Silva Moore plaintiffs’ recusal motion in robust terms. The S.D.N.Y. Blog pulls out the best bits from the ruling and provides a link to it. The opinion is measured, analytical and, … Continue reading

Posted in Litigation Support | Leave a comment

First Advantage to run anti-corruption workshop and sponsors Young Lawyers 2012

At first sight, there is no obvious connection between the two topics referred to in my heading, yet both have an eDisclosure / eDiscovery connection. Much of the interest in the subject – my interest anyway – lies in the … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, First Advantage | Leave a comment

Hobs Legal Docs adds Competition work to its eDisclosure skill-set

I mentioned a while back that London legal services provider Hobs Legal Docs had taken on Patrick Rowan from Ernst & Young as sales director. The press release is here but, as I often do with press releases, I have … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation Support, Regulatory investigation | Leave a comment

Notes from Hong Kong – Introduction

I am back from Hong Kong, where I took part in InnoXcell’s Asia eDiscovery Exchange and spent three days listening as much as talking, with the aim of finding out as much as possible about eDiscovery in the region. It … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure | Leave a comment

Epiq Systems to host UK–US judicial discussion in London on technology-assisted review

Epiq Systems have invited Senior Master Steven Whitaker and US Magistrate Judge Andrew Peck to take part in a panel discussion about the use of technology-assisted review in litigation. The panel, to be moderated by Epiq’s Laura Kibbe, will take … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, Predictive Coding | Leave a comment

A post-Hong Kong holding post

I spent last week in Hong Kong at the Asia eDiscovery Exchange 2012 organised by InnoXcell.  A lot of good stuff came out of that conference and it will take me a while to turn my draft report into a … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Huron Legal, Millnet, Predictive Coding, Symantec | Leave a comment

ZyLAB webinar – Bridging the gap between corporations and law firms

I recorded a webinar with ZyLAB’s Johannes Scholtes last week in which we revisited a topic we have covered before – the gap which exists between companies and their lawyers on the subject of information governance and the anticipation of … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, ZyLAB | Leave a comment

Investing to avoid the mere imputation of sanctionable eDiscovery conduct

Jim Shook, Director in EMC’s eDiscovery and Compliance Field Practice, has published an article on the Kazeon blog called Activating Your Information Management Shield whose central part considers two cases where legal hold sanctions were threatened; both cases involved the deletion of … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, EMC, Information Governance | Leave a comment

An eDiscovery, social media and libertarian miscellany

I am in Hong Kong, cursing that I left behind the USB thingie required by my wireless headset so that I must type everything by hand. I am here for InnoXcell’s Asia eDiscovery 2012 Exchange, and specifically for panels on … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Lord Justice Jackson, Twitter | Leave a comment

New Zealand judge gives Megaupload founder the right to disclosure before extradition hearing

A New Zealand court has decided that Megauploads’ Kim Dotcom and others are entitled to disclosure of at least some documents to help them prepare their cases against the US government’s demand for their extradition. There is some irony in … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure | Leave a comment

Costs management: Mr Justice Ramsay describes why it is necessary

I wrote recently about the coming regime of costs management in civil litigation – see Costs management moves closer in England and Wales. We now have a more authoritative reference document. Mr Justice Ramsay delivered a speech a few days … Continue reading

Posted in Costs Management, CPR, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Lord Justice Jackson | Leave a comment

Early Data Assessment – a webinar with AccessData and Apersee

I took part in a webinar yesterday with Caitlin Murphy of AccessData, Tom Gelbmann and George Socha of Apersee, and Chad Papenfuss of the Federal Trade Commission. Our subject was Early Data Assessment and the title we gave to it … Continue reading

Posted in AccessData, Costs, Costs Management, Discovery, Early Case Assessment, Early Data Assessment, eDisclosure, eDiscovery, Electronic disclosure | Tagged , , | Leave a comment

Predictive coding case study with Millnet and Eversheds

I wrote recently about a short podcast about predictive coding which I made with James Moeskops of Millnet.  We have now done another one, this time with Dominic Lacey and Jamie Tanner of Eversheds. The context was provided by an … Continue reading

Posted in Litigation Support | Leave a comment

Hobs Legal Docs takes Relativity and makes a senior appointment

London-based litigation and document management provider Hobs Legal Docs has made two significant announcements whilst I have been on my travels. The first was the appointment of Patrick Rowan as Sales Director and as a Board Director of Hobs Legal Docs Ltd. … Continue reading

Posted in CaseLogistix, Clearwell, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Equivio, Guidance Software, KCura, Litigation Support | Leave a comment

Costs Management moves closer in England and Wales

I have already drawn attention to an article by His Honour Judge Simon Brown QC in the New Law Journal called Costs management & docketed judges: are you ready for the big bang next year? which describes what is to be expected … Continue reading

Posted in Costs, Costs Management, CPR, Litigation costs | Leave a comment

Metrics, Social Media, Magistrates, Monkeys and Mitigating Risk at CEIC 2012 in Las Vegas

I am not above inventing a headline whose connection with the subject-matter is less important than its potential for attracting readers curious to know what the article has got to do with eDiscovery. In this case, the headline is an … Continue reading

Posted in CEIC, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Guidance Software, Social Media | Leave a comment

Something for everyone at IQPC’s Information Governance and eDisclosure Summit

If you want a rounded account of IQPC’s successful Information Governance and eDisclosure Summit in London this week, this is not the place to find it. I was involved in five events over the three days and spent most of … Continue reading

Posted in Andrew Haslam, Discovery, eDisclosure, eDiscovery, Electronic disclosure, First Advantage, FTI Technology, IQPC, KCura, Nuix, Recommind, Social Media | Leave a comment

Conference topics indicate the important eDiscovery and eDisclosure themes

That part of my life which involves speaking has four elements – preparation, travel, delivery and reporting. The month of May always has a full diary of events, and this year has more than usual. Of the four elements, the … Continue reading

Posted in AccessData, CEIC, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, FTI Technology, Guidance Software, iCONECT, IQPC, KPMG, Nuix | Leave a comment

Getting it right second time

Although I made it clear in my article Scattershot innuendo and muck that I was indifferent to the outcome of the arguments on the merits in Da Silva Moore, that is no excuse for substituting the word “Plaintiffs” for “Defendants” … Continue reading

Posted in Litigation Support | Leave a comment

Google Plus eDiscovery and eDisclosure posts to 5 May

It has been a month since I published my last list of articles published on Google Plus and said that I would not be doing any more of them. I speedily repented of that as the stream of interesting articles … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure | Leave a comment

Conor Crowley’s guidance on the Duty of Competence in e-Discovery applies beyond the US

Bloomberg BNA has published an article by Conor Crowley which looks at both the origins and the new developments in the lawyers’ Duty of Competence in eDiscovery. It is a US article about US rules and codes of conduct. The … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure | Leave a comment

Scattershot innuendo and muck – the Defendants respond to the recusal motion in Da Silva Moore

So far as I can see, only two articles have been published so far to report on the defendant’s Memorandum of Law in response to the plaintiff’s motion for the recusal of Judge Peck in Da Silva Moore.  That response … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Predictive Coding | Leave a comment

Barrister video on the 7 Deadly Sins of witness statements

I am inevitably interested in the ways in which ideas and information are passed to and by lawyers, since they are my target audience and I live by reaching them by whatever means come to hand. It is unsurprising that … Continue reading

Posted in Litigation Support | Leave a comment

EU Commission under fire for its data protection reforms

EUObserver.com reports that EU Justice Commissioner Viviane Reding has come under fire, from the Article 29 Data Protection Working Party amongst others, for the scope of and proposed timescale for her proposed new data protection rules. These are seen by … Continue reading

Posted in Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure | Leave a comment

Australia, New Zealand and Hong Kong claiming eDiscovery attention

Australia, New Zealand and Hong Kong only look close together when viewed from a long way away. They all have a common law eDiscovery tradition, but it is coincidence of timing rather than any specific commonality which groups them together … Continue reading

Posted in AccessData, Australian courts, Discovery, eDisclosure, eDiscovery, Electronic disclosure, FTI Technology, New Zealand, Nuix, Recommind, Singapore | Leave a comment

ILTA Insight in London – Beyond the Traditional Law Firm IT – 8 and 9 May

The next event in which I am involved is ILTA Insight in London on 8 and 9 May. This year it runs over two days and is produced in conjunction with LegalTech, a division of ALM. I am moderating a … Continue reading

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Interview with James Moeskops of Millnet on Predictive Coding

In the light of Judge Peck’s Da Silva Moore Opinion approving the use of predictive coding in US Federal civil proceedings, I recently interviewed James Moeskops of Millnet about the use of this technology in English courts. The result is … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Millnet, Part 31 CPR, Predictive Coding | Leave a comment

Speaking and learning at iCONECT’s Global Summit on Litigation Technology

I had the pleasure and privilege of giving the opening day’s keynote speech at iCONECT’s Global Summit on Litigation Technology in Florida last week. I brought back at least as much as I delivered in terms of the understanding of … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Huron Legal, iCONECT, Nuix | Leave a comment

Peck predictive coding Opinion upheld: does anyone remember what this case is actually about?

It is fascinating to watch a story break on Twitter. The news that District Judge Carter had upheld US Magistrate Judge Peck’s opinion in Da Silva Moore appeared first as a rumour, probably within a few minutes of the promulgation … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Predictive Coding | Leave a comment

The Dominic Regan podcast for IQPC’s London Summit

I wrote recently about the podcasts which IQPC have put on their website as tasters for their Information Governance and eDisclosure Summit which takes place in London between 14 and 16 May. You may be interested in another one which … Continue reading

Posted in Litigation Support | Leave a comment

A reminder of Nigel Murray’s bike ride for Help for Heroes

I saw on the news last night the funeral of yet another British soldier killed in Afghanistan. He was married to a local girl and had three boys. He was 25. It reminded me about this year’s Big Battlefield Bike … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Huron Legal | Leave a comment

Reed Smith chooses Equivio Zoom for Predictive Coding and Analytics and Relativity for Review

Since both Equivio and Relativity sponsor the work of the eDisclosure Information Project, I am necessarily interested in reports of their big sales. I do not, however, write about every success on the part of those who fund what I … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Equivio, KCura | Leave a comment

Bye Bye Google Plus – for now at least

In case you are wondering at the number of short posts which I have put here this morning, I began the day intending to capture short notes on my Google Plus page.  I have invested a fair amount of time … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure | Leave a comment

The Orange Rag on consolidation in the eDiscovery market

Charles Christian’s Orange Rag brings us a helpful summary of the recent round of acquisitions in the eDiscovery sector with the heading The Great eDiscovery Shakeup – or is that Shakeout? and predicts that 2012 will see yet more of … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure | Leave a comment

Lord Justice Jackson to undergo cancer operation

A brief note on the judiciary website reports that Lord Justice Jackson will shortly be undergoing an operation for cancer. His absence is not expected to impede the work of the implementation of the Costs Review Final Report which will … Continue reading

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Greg Wildisen of Epiq Systems on Predictive Coding in UK eDisclosure

The Society for Computers and Law has published on its website an article by Greg Wildisen, International Managing Director at Epiq Systems with the title E-disclosure: Training Technology. Epiq offers predictive coding through the integration of Equivio’s Relevance product into Epiq’s … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, Equivio, Part 31 CPR, Predictive Coding | Leave a comment

Mary Mack of ZyLAB: eDiscovery – A Focus on Cost Saving and Winning

Metropolitan Corporate Counsel recently interviewed Mary Mack, Enterprise Technology Counsel for ZyLAB. The result is published as eDiscovery – a Focus on Cost Saving and Winning. Subjects include moves by corporate counsel to take more control of eDiscovery, the ongoing … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, ZyLAB | Leave a comment

New Zealand’s new Discovery Rules and Electronic Discovery

New Zealand introduced new discovery rules in February 2012, making it the most recent common law jurisdiction to exercise closer control over how the lawyers and courts conduct the management of discovery – which inevitably means largely electronic discovery. His … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, New Zealand, SCL | Leave a comment

Interesting times in eDiscovery and outside it

I find that I field complaints if I fall silent for a few days. It is, of course, gratifying that anyone should notice, and a word or two of explanation might pre-empt the assumption that I have packed up and … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure | Leave a comment

Articles on eDisclosure, eDiscovery, Cooperation and Privacy by UK and US Judges

For reasons which I may explain separately, I had banked on the Easter period being quiet on the eDiscovery front. On the whole, that hope was justified, with Twitter relatively quiet, few interesting things to pass on, e-mail volumes down, … Continue reading

Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure | Leave a comment

Using a neutral third party to resolve or prevent disclosure disputes

One of the most useful UK resources about electronic disclosure is Clive Freedman’s electronic disclosure wiki at http://www.eDisclosure.uk.com. Clive Freedman is a barrister at 3 Verulam Buildings and is (as I am) a member of Senior Master Whitaker’s working party … Continue reading

Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure | Leave a comment

First Advantage to host cross-border regulatory conference in Brussels

Updated on 19 April to include a link to the press release about this event including the timetable. I wrote recently about the acquisition of DLR Legal by First Advantage Litigation Consulting, which brings together FADV’s technology and consulting skills … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, First Advantage, Regulatory investigation | Leave a comment

My Google Plus eDiscovery and eDisclosure posts to 6 April

A two-day absence in a place where cellular data has yet to penetrate put me behind in the routine task of picking up useful articles and putting links to them on my Google Plus page. Google’s enthusiasm for rolling out … Continue reading

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Relativity – channelling the enthusiasm at kCura

kCura’s growth prompts thoughts about how companies and industries (and empires and whole civilisations come to that) start and grow, and how they must keep moving forward to stay at the top. The accepted wisdom, promoted by Gartner in its … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, KCura, LDM Global | Leave a comment

Equivio spells out predictive coding basics on ESIBytes podcast

Yet again, I find myself pointing to one of Karl Schieneman’s ESIBytes podcasts as a source of timely and coherent explanations of topical eDiscovery issues. Predictive coding inevitably dominates at the moment, thanks to the coincidence of the Da Silva … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Equivio, Predictive Coding | Leave a comment

Machine learning to anticipate eDiscovery not just to manage it

Jim Shook of EMC takes us back to the stage before discovery. The advanced technology used for dealing reactively with discovery requests has its place at a much earlier stage in the process. Judge Peck’s opinion in Da silva Moore … Continue reading

Posted in Litigation Support | 1 Comment

Podcasts give tasters for IQPC’s Information Governance and eDisclosure Summit in London

Patrick Oot of the Electronic Discovery Institute and the SEC is interviewed by Jim Vint of Navigant in a podcast which anticipates some of the subjects which will come up at IQPC’s London Summit between 14 and 16 May The … Continue reading

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Traps for the unwary – the cross-over between social media and eDisclosure

Social media and electronic disclosure are two important subjects which many companies and their lawyers would rather ignore – their very names are enough to strike apathy into many hearts. eDisclosure provider CY4OR has joined forces with others to promote … Continue reading

Posted in CY4OR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Social Media, Twitter | Leave a comment

My Google Plus eDiscovery and eDisclosure Posts to 31 March

Here is another of of the periodic lists of the short posts about eDisclosure and eDiscovery which go on my Google Plus page. This is in part a place to put short posts which link to things which might otherwise … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure | Leave a comment

Jackson – Solicitors must be ready for electronic working

I was sorry not to make it to Lord Justice Jackson’s speech to the Society for Computers & Law this week. Someone will doubtless write a full report in due course, but for now the Law Society Gazette brings us … Continue reading

Posted in Case Management, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Judges | Leave a comment

Cross-Border Discovery – Federal Judge makes a monkey of the cheese-eaters

The collision between US discovery requirements and EU privacy and data protection laws is a long-running story of mutual incomprehension on which the formal conflict of laws is merely an overlay. US courts and regulators expect every last document to … Continue reading

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Proof Finder 2 from Nuix now on video

Proof Finder 2 is a limited edition version of Nuix’s investigations and eDiscovery software tool which, in an imaginative exercise, the company is selling for $100 per licence per year. It has all the functionality of the full product, subject … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Nuix | Leave a comment

Disclosure and eDisclosure – filming a video primer with Dominic Regan

I took part in a video webinar with LexisNexis this week, part of their rolling programme of Butterworth’s Dispute Resolution webinars. The key fact which I want to put right at the top of this article is that 2,340 viewers … Continue reading

Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Outsourcing, Part 31 CPR, Predictive Coding | Leave a comment

My recent Google+ eDiscovery / eDisclosure posts

Here are links to some of my recent Google+ posts. These are short posts relating (usually) to eDisclosure / eDiscovery whose main purpose is to draw attention to articles and other things of interest  which I come across. I put … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure | Leave a comment

Having control of documents for disclosure purposes – North Shore Ventures v Amstead Holdings

I cannot remember when I last read a judgment whose subject matter included questions about whether certain documents could be said to be in the “control” of another for the purposes of disclosure.  Two such judgments have come my way … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure | Leave a comment

Charity Quiz Night for The Children’s Trust on 3 May

Jack Bond, litigation support specialist at Dewey & LeBoeuf in London is organising a charity Quiz Night on 3 May in support of The Children’s Trust and in memory of his daughter, Sarah. He is getting together teams in tables … Continue reading

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Another indemnity costs order for eDisclosure failures

By coincidence, we have a second UK judgment in a few days which ends with indemnity costs being paid by a party for failing to comply with its disclosure obligations.  Mr Justice Akenhead’s judgment in Phaestos Ltd & Anor v … Continue reading

Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure | Leave a comment

OrcaTec’s Herb Roitblat gets the measure of the Da Silva Moore Plaintiffs

If you are not yet familiar with the plaintiffs’ arguments about predictive coding (I use the word “about” in its broadest sense, since much of the argument appears to be about some completely different agenda) in Da Silva Moore v. … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation Support, Predictive Coding, Recommind | Leave a comment

Xerox XLS reminds us that technology assisted review works alongside other search tools

My decision to stop reporting every additional layer of comment on Judge Peck’s Da Silva Moore Opinion (see Closing down the Da Silva Moore discussion for now) was made in part because of the diminishing returns we were getting from the focus … Continue reading

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Closing down the Da Silva Moore discussion for now

The terms of the plaintiff’s Objections to Judge Peck’s predictive coding opinion in Da Silva Moore v Publicis Groupe deprive the commentators of anything useful to say. It is not merely that the decision goes into limbo pending the District … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure | Leave a comment

First Advantage acquires DLR Legal for Multilingual Managed Review

First Advantage Litigation Consulting (FADV) has announced the acquisition of London based DLR Legal, a global managed review services business.  First Advantage already has a strong practice in managing projects involving multiple jurisdictions and multiple languages, and the acquisition of … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, First Advantage | Leave a comment

LawTech Futures 2012 – the Future of Legal Conference Marketing

I did not attend LawTech Futures 2012 – the Future of Legal Technology, the conference organised by Netlaw Media and the Orange Rag’s Charles Christian last week. There is enough to do on my own patch without straying into the … Continue reading

Posted in AccessData, Andrew Haslam, Guidance Software | Leave a comment

The CPR Standard Disclosure test is a strict one says the Court of Appeal

Disclosure in UK civil proceedings, with or without an “e” at the front of “disclosure”, is not a game for amateurs, raising serious points about the strict interpretation of a deceptively simple-looking rule as well as practical considerations – and … Continue reading

Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation | Leave a comment

Recent eDiscovery Posts on Google Plus

Arguments continue as to the value of Google Plus as a FaceBook rival. I don’t much care about that, only about its ability to attract wider audiences. It is working for me (well, something is) and I continue to put … Continue reading

Posted in Catalyst, Discovery, eDisclosure, eDiscovery, Electronic disclosure, FTI Technology, Guidance Software, KCura, Predictive Coding, Recommind, SEO | Leave a comment

Predictive coding? Technology-Assisted Review? What is the right name?

It is perhaps not surprising that we have yet to arrive at a universal name for the set of algorithms and processes which lie at the higher end of the eDiscovery / eDisclosure market. Barry Murphy addresses this in an … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure | Leave a comment

Much Ado About eDisclosure Defects – the West African Gas Pipeline Judgment

He that is without sin among you, let him first cast a stone You will all by now have seen or heard about Mr Justice Ramsey’s judgment in West African Gas Pipeline Company v Willbross Global Holdings Inc in which … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure | Leave a comment

Fulbright focuses on transparency in predictive coding review

A version of the law of diminishing returns is relevant to one function of predictive coding – its use for prioritisation makes it possible to calculate how much value you are finding relative to the number of documents you are … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Predictive Coding | Leave a comment

Appearances count for Equivio and iCONECT

The two companies named in my heading, iCONECT and Equivio, are in fact related in that there is a partnership between them which appears from both their web sites. That is a coincidence so far as this article is concerned. … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Equivio, iCONECT | Leave a comment

Contract can lie in email threads or multiple emails

I am, on the whole, fortunate in the judgments which I have to read. Most of them involve procedural failures and breaches of what are, frankly, fairly straightforward obligations. You do not have to be a lawyer or a technologist … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure | Leave a comment

Patel v Unite – order for investigation of deleted Internet forum

Here is an interesting judgment, Patel v UNITE the Union [2012] EWHC 92 (QB) (27 January 2012), which Professor Dominic Regan has pointed me to. The target of postings on a union Internet forum alleges defamation and harassment. The union claims … Continue reading

Posted in Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure | Leave a comment

Epiq Insights – an eDisclosure newsletter from Epiq Systems in the UK

Relatively few of the eDisclosure / eDiscovery newsletters focus on the UK, so it is good to welcome Epiq Insights from Epiq Systems which is now available as a web page as well as by subscribing to an e-mail. The current edition … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, Equivio, Predictive Coding | Leave a comment

My Google Plus Posts to 11 March on eDiscovery and related subjects

This post links to my most recent short posts on Google Plus except for those which merely link back to this site. CY4OR on children and Facebook Dean Gonsowski of Symantec interviewed on predictive coding SEC’s Patrick Oot on eDiscovery … Continue reading

Posted in Bribery Act 2010, CY4OR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Symantec | Leave a comment

Nigel goes over the top on his bottom for Help for Heroes

Nigel Murray, managing director of Huron Legal in London, is limbering up for his annual bike ride to raise money for Help for Heroes. This year the ride is across the Great War battlefields of north-eastern France.  It involves 375 … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Huron Legal | Leave a comment

Postscript to Dominic Regan interview on Jackson and costs management

The transcript of my interview with Dominic Regan (see Professor Dominic Regan on why the Jackson Reforms mean the biggest ever upheaval for UK litigation) seems to have attracted some attention. There are two follow-up links in which you may … Continue reading

Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Lord Justice Jackson | Leave a comment

Getting the eDiscovery word out there with WordPress and Google Plus

One does not have to be obsessive about web rankings to be interested in the reach of one’s blog posts, particularly in an industry which constantly evolves – or, as recently, takes the occasional big jump. Can one be heard … Continue reading

Posted in Litigation Support | Leave a comment

A UK view of LegalTech from Andrew Haslam

Each year, Andrew Haslam of Allvision writes a comprehensive report of LegalTech through the eyes of UK visitors. I say “visitors” in the plural because Andrew solicits contributions and views from others and splices them together. This year, it seems, … Continue reading

Posted in Andrew Haslam, Discovery, eDisclosure, eDiscovery, Electronic disclosure, LegalTech | Leave a comment

Professor Dominic Regan on why the Jackson Reforms mean the biggest-ever upheaval for UK litigation

I interviewed Professor Dominic Regan last week about pending developments in UK litigation. Dominic Regan is speaking at IQPC’s Information Governance and eDisclosure Summit, which takes place in London between 14 and 16 May, where I will introduce and moderate … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, IQPC | Leave a comment

Judge Peck’s Predictive Coding Opinion – reporting the reaction

It needed no great prescience to anticipate a flood of articles about US Magistrate Judge Andrew Peck’s opinion in the Da Silva Moore predictive coding case (Monique Da Silva Moore, et al., v. Publicis Groupe & MSL Group, Civ. No. … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, Equivio, Millnet, Recommind, Symantec | Leave a comment

Before they were famous video – Maas, Whitaker, Peck and Waxse on Predictive Coding

A LegalTech panel organised by Xerox XLS gave us the opportunity to hear four well-known judges discuss the use of technology for eDiscovery. Only one of us knew that the subject would become headline news within days, as Judge Peck … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Predictive Coding | Leave a comment

1 March on Google Plus

There is no doubt that the hot topic at the moment is predictive coding following Judge Peck’s written Opinion of last week. The rest of the eDiscovery world does not, alas, take time out to clear the stage for any … Continue reading

Posted in AccessData, Bribery Act 2010, Discovery, eDisclosure, eDiscovery, Electronic disclosure, EMC | Leave a comment

An acquisition and an appointment point to Epiq consolidation and service delivery

Stories happen when they happen, and the copy / paste news sites and story aggregation people do a good job at rushing the contents of the latest press release to your virtual door. G K Chesterton’s Father Brown famously talked … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems | Leave a comment

The Convergence of eDiscovery and Information Governance – the movie

I have referred more than once to the webinar which Nuix organised just before LegalTech with the title The Convergence of eDiscovery and Information Governance. I moderated it, and the panel comprised Craig Ball, Attorney and Forensic Technologist, Stephen Stewart, … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, LegalTech, Nuix | Leave a comment

EU promises data protection savings and reduced burdens on business

The European Commission has collected together information about its proposed reforms of the EU Data Protection Rules, including the press release of 21 January, the press conference with Vice President Viviane Reding of the same date, and a number of … Continue reading

Posted in Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, EU | Leave a comment

CY4OR takes social media advice to HR and the workplace

Much of the proactive advice which companies need about eDisclosure and data security is aimed at IT departments who have the job of managing data, and at legal departments who have responsibility for the company’s potential eDisclosure obligations. HR departments … Continue reading

Posted in CY4OR, Data Security, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Social Media | Leave a comment

Predictive Coding’s Silver Blaze: the dogs who didn’t bark in the night-time

Perhaps the only person who will understand my heading instantly is the judge whose Opinion in Da Silva Moore v Publicis Groupe is at the centre of eDiscovery attention this week.  US Magistrate Judge Andrew Peck is as much an … Continue reading

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In which Da Silva Moore brings out the Anglo-Saxon demotic in me

I am not going to try and compete with the Clearwell / Symantec writing team as it comments on developments in the Da Silva Moore v Publicis Groupe case, the first one in which the use of predictive coding, the … Continue reading

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Words are the easy bit: EU Parliament debates EU – US data privacy concerns

An article on EUObserver.com reports on a debate last week in the European Parliament which highlighted the conflict between US demands for data and EU privacy legislation. The article’s title is Commission Downplays Parliament EU–US Data Privacy Concerns – “downplays” … Continue reading

Posted in Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Huron Legal | Leave a comment

Digital Reef adds Predictive Priority, enhances Relativity integration and opens its processing power to LSPs

Digital Reef is offering legal service providers the opportunity to make use of its SaaS processing and early case assessment tools on a revenue sharing basis.  This should help LSPs who find themselves with more work than they can handle … Continue reading

Posted in CY4OR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, KCura | Leave a comment

Recent posts on Google+ to 23 February

I intend to start periodic cross-links from here to my Google+ page to make sure that my posts there get picked  up.  The Google Plus posts are in no sense of lesser importance than what appears here, nor are they … Continue reading

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Applied Discovery sees an early Valentine from Judge Peck

Applied Discovery has a double interest in the Da Silva Moore v Publicis Groupe case which came before Judge Peck just before Valentines Day. As a software provider, it offers technology-assisted review (which it calls “predictive tagging”) powered by Equivio->Relevance … Continue reading

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US cases which may shape the future of predictive coding

Matthew Nelson of Symantec has an interesting article on Forbes.com this week. Called Federal Judges Consider Important Issues That Could Shape the Future of Predictive Coding Technology, it considers the possible impact of two cases presently before the US courts. … Continue reading

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Once again, the handsome man comes out badly in a Losey film

The good-looking, self-confident male never does well in a Losey film. Don Giovanni is hurled down into Hell as Donna Anna has her revenge. Who can forget the handsome face of William (Michael York) as his girlfriend’s (another Anna as … Continue reading

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Huron eDiscovery Panel at LegalTech as the cross-border climate begins to change

My wide-angle lens is being repaired, so I have no photograph of the panel which Nigel Murray of Huron Legal moderated at LegalTech. There were eleven of us at the table for two consecutive sessions with the title A GC’s … Continue reading

Posted in Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Huron Legal, LegalTech | Leave a comment

Innovation and informed risk-taking are an eDiscovery duty

A speaker at a Nuix dinner prompts the thought that eDiscovery innovation lies in simply doing what the rules and codes of professional conduct require anyway. By chance, Ralph Losey has written on that subject this week. Risk is a … Continue reading

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Hobs Legal Docs has an office in Manchester and a presence on Twitter

In my post Information Governance, UK eDisclosure and International eDiscovery in three days, I reported on a seminar which Terry Harrison of Hobs Legal Docs organised at HSBC’s Northern regional office in Manchester and which I spoke at. What I … Continue reading

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Taking stock of the eDiscovery world

This is a good moment to pause a little and look around the eDiscovery / eDisclosure world.  The wide range of topics which make this such an interesting field are all getting an airing at once. The stream of useful … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Guidance Software, Huron Legal, LegalTech, Nuix, Predictive Coding, Singapore, Technology Assisted Review | Leave a comment

Integration the target as Guidance Software buys CaseCentral

It was Twitter, of course, which first brought the news that Guidance Software had agreed to acquire CaseCentral.  The first tweet came so early that the Guidance web page announcing the deal was a blank placeholder; its page title confirmed … Continue reading

Posted in Clearwell, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, FTI Technology, Guidance Software, Symantec | Leave a comment

Setting the scene after LegalTech 2012

Well, who would have thought that the big topic of conversation at LegalTech would be the weather? Keen though I am to import British ideas into US eDiscovery, the near-obsessive British focus on temperature and precipitation can stay at home. … Continue reading

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