Author Archives: Chris Dale

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About Chris Dale

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

Jackson on Costs Free Webcast: 14 January 2010 at 1pm

This is the full text of New Law Journal’s latest reminder about today’s webcast at 1.00pm GMT New Law Journal will host a live panel discussion on the key proposals and practical implications of Lord Justice Jackson’s final report on … Continue reading

Posted in eDisclosure, eDiscovery, Electronic disclosure, Judges, Litigation, Litigation costs, Lord Justice Jackson | Leave a comment

Trilantic assembles experts for International eDiscovery Track at LegalTech

UK-based legal support provider Trilantic has put together a double panel session on EU data privacy and related subjects which takes place on the first day at LegalTech, Monday, 1 February. Subjects covered will include privacy considerations and EU data … Continue reading

Posted in Data privacy, Data Protection, Discovery, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, LegalTech, Litigation Support, Trilantic | Leave a comment

Interview with Metropolitan Corporate Counsel about Equivio>Relevance

Metropolitan Corporate Counsel has published an interview based on a long conversation which I had with them before Christmas. The title is Trainable E-Discovery Software Offers Cost Savings and the subject is Equivio>Relevance. The main theme of the interview was … Continue reading

Posted in Discovery, E-Discovery Suppliers, Early Case Assessment, eDisclosure, eDiscovery, Electronic disclosure, Equivio, LegalTech | Leave a comment

New Singapore e-discovery resource

Those who come here often will know that I was in Singapore in October last year shortly after the introduction of their Practice Direction No 3 on Discovery and Inspection of Electronically Stored Information . I had been invited to … Continue reading

Posted in Court Rules, CPR, Discovery, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Singapore, Twitter | Leave a comment

Twitter data feeds as a potential source of income for them and discovery material for us

A new survey relies on the ability to analyse Twitter usage, and Twitter has begun a drive to make money from its data feeds. Both point towards the use of Twitter data as discoverable information. I wrote an article last … Continue reading

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

Getting past the hold music

Every writer aspires to have his work described as “interesting and funny”, particularly if it is simultaneously accepted as dealing seriously with weighty matters. The aim is to get the ediscovery messages past the hold music and encourage people to … Continue reading

Posted in CaseLogistix, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Litigation Support | Leave a comment

Outsourcer Integreon adds to Insource v Outsource discussion

I drew attention recently to an article on outsourcing from a law firm perspective, written by George Rudoy on 1 December on the Georgetown Law site and called To Insource or to Outsource. I suggested that it was worth reading, … Continue reading

Posted in Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Integreon | Leave a comment

Tweeting weights and weighing Tweets

I am a relatively recent convert to Twitter and am hooked on a number of levels. These are primarily business-driven, in the hard-nosed sense that I acquire information from others and disseminate things of my own – the publication of … Continue reading

Posted in eDisclosure, eDiscovery, Electronic disclosure, Posse List, Twitter | Leave a comment

Craig Ball on Ed Balls’ Ofsted Balls-Up

My apologies to those of delicate sensibilities who might take this amiss. It is, I accept, insensitive of me to do this to you at the beginning of an article. There is no choice, I am afraid – I must … Continue reading

Posted in Court Rules, Discovery, Document Retention, eDisclosure, eDiscovery, Electronic disclosure, Litigation Support, Local Government | Leave a comment

Heavy snow provides an illustrated interlude between heavy articles

The friendly rivalry which exists between US and UK e-disclosure experts and commentators goes beyond questions like “Who can produce the most ludicrous excuse for non-compliance with the rules?” Over the Christmas break, Gabe Acevedo of Gabe’s Guide to the … Continue reading

Posted in Litigation Support | Leave a comment

Anacomp divests to focus on CaseLogistix, eDiscovery and litigation

Anacomp has sold its MVS Division to DecisionOne in order to focus on eDiscovery with its document review application CaseLogistix and the services which go with it. 2010 should be the right year to concentrate on eDiscovery You would probably … Continue reading

Posted in CaseLogistix, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Forensic data collections, LegalTech, Litigation, Litigation Support | Leave a comment

Distinguishing data from information when balancing risk against cost

There are parallels between the reaction to terror attacks and other threats and the handling of e-disclosure for litigation. Collections of masses of data become not merely a substitute for information but places to lose it, and the real objective … Continue reading

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

Happy New Year

Trees on Port Meadow, Oxford on Christmas Day 2009

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Happy Christmas

Port Meadow, Oxford in Winter Photograph by Chris Dale

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Letter in the Times about destruction of ESI

Amongst my predictions for 2010, published on the website of the Society for Computers & Law on 21 December, was this one: Another side-effect of the Earles judgment will be a debate as to what the law of preservation and … Continue reading

Posted in Court Rules, CPR, Disclosure Statement, Discovery, Document Retention, eDisclosure, eDiscovery, Electronic disclosure, Litigation Readiness, Litigation Support, Part 31 CPR | Leave a comment

The e-Disclosure Information Project in 2009 and 2010

My e-Disclosure predictions for 2010 are up on the website of the Society for Computers and Law. I have not checked back to my previous years’ SCL predictions, but I think that this batch have much more, and much better-grounded, … Continue reading

Posted in Court Rules, CPR, Data privacy, Data Protection, Discovery, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, IQPC, Litigation, Litigation costs, Litigation Support, Part 31 CPR | Leave a comment

Gartner, Hong Kong and civil servants inspire reader comments

Recent comments from readers cover the Gartner report on the litigation software market, the state of play in Hong Kong, and the bright light which has suddenly been shone on the need for government departments to approach electronic disclosure in … Continue reading

Posted in Andrew Haslam, Attenex, CPR, DocuMatrix, E-Discovery Suppliers, Early Case Assessment, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, FTI Technology, Litigation, Litigation costs, Litigation Support | Leave a comment

Times E-Disclosure article leads with Baby P photocopier excuse

The article on E-Disclosure in today’s Times E-disclosure: how good is your filing system? by Grania Langdon-Down leads with the extraordinary “lost in the photocopier” excuse given by Ofsted as they gave late disclosure of 2,000 pages of documents in … Continue reading

Posted in Discovery, Document Retention, eDisclosure, eDiscovery, Electronic disclosure, KPMG, Litigation, Litigation costs, Litigation Support, Millnet, Outsourcing, Regulatory investigation | Leave a comment

Gartner points to non-US E-Discovery market growth

Gartner predicts an eDiscovery software market worth $1.2 billion in 2010. More than 10% of that will be outside the US. Software suppliers may be ready to run with this, but where are the skilled people? Gartner’s report of 16 … Continue reading

Posted in Data privacy, Data Protection, Discovery, Document Retention, E-Discovery Suppliers, Early Case Assessment, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Litigation Readiness, Litigation Support, Lord Justice Jackson | Leave a comment

Kind words from the Posse List eDiscovery Reading Room

If a supplier asked me what to do if it received unsolicited praise from a respected source, I would tell them to stick it up on their web site. What is the proper reaction when someone says nice things about … Continue reading

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

Legal Technology Awards 2009

The Legal Technology Awards list is out. The number of categories, providers and products may seem bewildering, but their web sites give a good idea of what they do. Follow some links and see what maps to the problems which … Continue reading

Posted in CaseMap, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, FTI Technology, Legal Technology, LexisNexis, Nuix, Recommind, Summation | Leave a comment

451 Group reports on IQPC in New York

I was not at IQPC’s E-discovery conference in New York last week (see IQPC New York – minimizing risks, costs and challenges). Fortunately the 451 Group’s Katey Wood was there and her report is here. Two of the points which … Continue reading

Posted in Data privacy, Data Protection, Discovery, E-Discovery Suppliers, eDisclosure Conferences, eDiscovery, EU, IQPC, Litigation Support | Leave a comment

Legal Inc publishes 5th podcast and Earles article

Litigation support provider Legal Inc has now published the fifth in the series of podcasts which I recorded with Lisa Burton. This one covers the software and systems available in the market. The series can be found here. Legal Inc … Continue reading

Posted in E-Discovery Suppliers, eDisclosure, Electronic disclosure | Leave a comment

The Baby P case may be the disclosure story of the year

It begins to look as if the Baby P case will beat even Earles v Barclays Bank in terms of its long-term influence on disclosure, not least for the likely focus on individual failings. Is this cock-up or conspiracy? Why … Continue reading

Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Forensic data collections, Litigation costs, Litigation Support | Leave a comment

Irish Law Reform Commission consultation paper on Documentary and Electronic Evidence

The Irish Law Reform Commission has just issued a consultation paper on Documentary and Electronic Evidence. At 313 pages, it is not going to be a quick read and I have done no more than skim it so far. Its … Continue reading

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

UK interest in outsourcing on the rise

A Tweet earlier this week asks “Weekly LPO articles in the UK?” which, extended from its native (and necessarily abbreviated) Tweet-speak, means “Are we seeing at least one article a week about legal process outsourcing in the UK?” The question … Continue reading

Posted in Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Fronterion, Integreon, Litigation, Litigation costs, Outsourcing | Leave a comment

New website for Local Government Lawyers brings commercial awareness to public sector litigation

A new website for local government lawyers has appeared. Given the very wide range of legal issues which affect local authorities, it is perhaps surprising that we have not seen one before. Local authority insulation from the real world will … Continue reading

Posted in Court Rules, CPR, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Litigation costs, Litigation Readiness, Local Government, Lord Justice Jackson | Leave a comment

Orange Rag: Scottish Civil Costs Review – a missed opportunity

John Craske, Head of Business IT at Dundas & Wilson LLP has contributed a guest article to the Orange Rag which hints at disappointment in the Scottish Civil Courts Review. I wrote briefly about the Report of the Scottish Civil … Continue reading

Posted in Access to Justice, Courts, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, EU, Judges, Legal Technology, Litigation, Litigation Support, Scottish Courts | Leave a comment

IQPC New York – minimizing risks, costs and challenges

Minimizing risks, costs and challenges is the title of the IQPC eDiscovery conference taking place in New York from 7 to 9 December 2009. I will not be there, but the agenda offers more opportunities than its title suggests. I … Continue reading

Posted in Data privacy, Data Protection, Discovery, Document Retention, E-Discovery Suppliers, Early Case Assessment, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Guidance Software, IQPC, Litigation, Litigation costs, Litigation Support | Leave a comment

PivotalDiscovery e-Disclosure video with HHJ Simon Brown QC

As a proponent of video as a means of conveying messages, it is remiss of me not to have drawn your attention to one which features His Honour Judge Simon Brown QC and me. It was made by Kina Kim … Continue reading

Posted in Discovery, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Litigation, Litigation costs, Masters Conference | Leave a comment

Georgetown Law: to Insource or to Outsource by George Rudoy

Outsourcing part of the disclosure / discovery process has suddenly attracted attention in the UK. Some think that this is due to the instincts in common between lawyers and the poor old lemmings, who are invoked as role models whenever … Continue reading

Posted in Discovery, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, LegalTech, Litigation costs, Litigation Support, Outsourcing | Leave a comment

How IT can support judicial reform? asks Dutch judge Dory Reiling

How many judges do you know who might write a PhD thesis with the title Technology for Justice: How Information Technology Can Support Judicial Reform, discuss it on her blog, and promise to inform you of its publication by Twitter. … Continue reading

Posted in Access to Justice, Courts, eDisclosure Conferences, eDiscovery, Electronic disclosure, EU, IQPC, Judges, Legal Technology | Leave a comment

UK Information Commissioner publishes plain English data protection guide

The UK Information Commissioner’s Office (ICO) has produced a guide in plain English which aims to make it easier for the non-expert to understand what is involved. That is all to the good, but this is not one of these … Continue reading

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

e-Disclosure conference thoughts from the 451 Group

Although I do my own summaries of the conferences I take part in, it is more interesting in some ways to see what other people take away from them. A succinct summary from an interested party who was present as … Continue reading

Posted in Data privacy, Data Protection, Discovery, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, EU, Legal Technology, Litigation, Litigation Support | Leave a comment

Strategic alliance allows 7Safe to host Anacomp’s CaseLogistix

What is the seating etiquette if you go to a wedding knowing both parties? Do you have to make an invidious choice between one side of the church and the other? Perhaps you sit in the aisle or hang from … Continue reading

Posted in CaseLogistix, Court Rules, CPR, Discovery, E-Discovery Suppliers, Early Case Assessment, eDisclosure, eDiscovery, Electronic disclosure, Forensic data collections, Litigation, Nuix, Part 31 CPR | Leave a comment

Tearing Me Apart: a new song from The Phoenix Fall

You may just have been indulging my paternal pride, but quite a lot of people seemed to like the first single released by The Phoenix Fall, the Leeds-based Indie band whose drummer is my son Charlie Dale. The second single, … Continue reading

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

Planning the IQPC E-Disclosure Conference for London in May 2010

Planning is in hand for IQPC’s May 2010 E-Disclosure conference. Good conferences like this provide elements which other forms of information delivery lack, not least the opportunity to interact with those whose data we write and talk about. Having got … Continue reading

Posted in Discovery, Document Retention, E-Discovery Suppliers, eDisclosure, eDiscovery, IQPC, Litigation Support | Leave a comment

KPMG survey: Is the legal department ready?

Read KPMG’s new survey on corporate readiness for litigation and then read the judgment in Earles v Barclays Bank. You may spot a connection. KPMG have published the results of the survey which Alex Dunstan-Lee previewed for us at IQPC’s … Continue reading

Posted in Disclosure Statement, Discovery, Document Retention, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, IQPC, KPMG, Litigation, Litigation costs, Litigation Readiness | Leave a comment

e.law completes acquisition of CCH Workflow Solutions

On 20 November 2009, Australia’s  e.law completed its acquisition of the business assets of CCH Workflow Solutions from Wolters Kluwer. The news of the acquisition broke whilst I was between conferences and although I heard from both Allison Stanfield at … Continue reading

Posted in Discovery, e.law, eDisclosure, eDiscovery, Electronic disclosure, Litigation Support | Leave a comment

Virtual LegalTech round-up

The general reaction to ALM’s Virtual LegalTech by its participants and delegates seems generally to be positive. If, as Charles Christian said on Twitter afterwards, it had a 1990s feel to it, well, that can doubtless be improved upon in … Continue reading

Posted in Australian courts, Courts, Data privacy, Data Protection, Discovery, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, LegalTech | Leave a comment

Parallel and cross-border developments in handling electronically stored information

The second session at the Thomson Reuters Fifth Annual e-Disclosure Forum in London on 13 November was called Parallel and cross-border developments in handling electronically stored information. I was the moderator, although if Air Miles were the qualification for talking … Continue reading

Posted in Brussels, Court Rules, Data privacy, Data Protection, Discovery, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, EU, FRCP, Part 31 CPR | Leave a comment

Virtual LegalTech looks good so far

Virtual LegalTech looks quite fun so far. It has an exhibit hall, an auditorium and a resource centre amongst other things, and there are people to chat to (Peggy Wechsler of ILTA was on the phone when I dropped by … Continue reading

Posted in eDisclosure Conferences, eDiscovery, Electronic disclosure, Litigation Support | Leave a comment

Georgetown: Privilege, Ignorance and Certification

The PosseList has a report of the main points discussed at the judicial panel which closed the recent proceedings of the Georgetown Law CLE Advanced E-Discovery Institute. Of the three points which the article picks out, I will leave on … Continue reading

Posted in Court Rules, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, FRCP | Leave a comment

A packed day of cross-border webinars

Every interest group now has a day in the calendar dedicated to raising awareness about it. It used to be just Christmas, Easter and various saints. Then we got “Mothers Day”, and after that a flood. If there is not … Continue reading

Posted in Litigation Support | Leave a comment

Equivio->Relevance brings prioritisation to Epiq Systems’ DocuMatrix

Regular readers will know that I find Equivio’s value proposition to be extremely attractive, notwithstanding that the user – the lawyer or his client – does not always get to see it directly. That is because Equivio’s products are bought … Continue reading

Posted in DocuMatrix, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, Equivio, Litigation Support | Leave a comment

Welcome to Stratify as new Project sponsor

I am very pleased to welcome electronic discovery software company Stratify as a sponsor of the e-Disclosure Information Project. Their addition to the list of sponsors coincides with the opening of their London office and data centre, as well as … Continue reading

Posted in Case Management, Discovery, Document Retention, E-Discovery Suppliers, Early Case Assessment, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Litigation, Litigation costs, Litigation Readiness, Part 31 CPR | Leave a comment

The Continuing Challenges of Preservation, Collection and Exchange

The first session at the Thomson Reuters e-Disclosure Conference in London last week was called The Continuing Challenges of Preservation, Collection and Exchange. George Socha’s panel included a solicitor, a software provider and a judge – Matthew Davis of Lovells, … Continue reading

Posted in Case Management, Court Rules, CPR, Disclosure Statement, Discovery, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Judges, Litigation, Litigation Readiness, Part 31 CPR | Leave a comment

Business mixed with pleasure at the Thomson Reuters London e-Disclosure conference

The Thomson Reuters Fifth eDisclosure Forum was sponsored by Autonomy, Stratify and Legastat and, as before, the co-chairs were Browning Marean, George Socha and me. I enjoyed it and, unless they were just being polite, the audience seemed to think … Continue reading

Posted in Case Management, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Judges, Legastat, Litigation Support | Leave a comment

Master Whitaker addresses London Solicitors Litigation Association on e-Disclosure

I went to listen to Senior Master Whitaker speak last night to the London Solicitors Litigation Association about electronic disclosure. I was not expecting to hear much that was new to me – I have heard him speak five times … Continue reading

Posted in Case Management, Court Rules, Courts, CPR, Disclosure Statement, Discovery, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Judges, KPMG, Litigation, Litigation costs, Part 31 CPR, Stroz Friedberg | Leave a comment

Cost, quality, risk and predictability in outsourcing debate

An article in Legal Week reports that law firms are aware that existing methods of charging for work must change but says that they are wary of legal process outsourcing as the answer. The only mistake is not to weigh … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Litigation costs, Litigation Support, Outsourcing | Leave a comment

The new edition of American Legal Technology Insider

The latest edition of Charles Christian’s American Legal Technology Insider has been released, bringing its usual colour to the bare recitals one gets in press releases. Although Charles Christian and I may appear to have a fair amount in common … Continue reading

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Masters Conference appoints new Cabinet members

The Masters Conference yesterday published the list of those in its Cabinet. New members include Shawnna Childress of LECG and me – if one is going to join a committee, then one which includes the co-founder of Women in eDiscovery … Continue reading

Posted in eDisclosure Conferences, Litigation Support, Masters Conference | Leave a comment

FTI webinar: financial, transactional and operational databases in e-disclosure

FTI Consulting are presenting a webinar on structured data on Thursday 19 November at 1300 GMT. The subject is perceived by some as too difficult to talk about, but it cannot be ignored. Elephants have provided a recurring theme throughout … Continue reading

Posted in Case Management, Court Rules, CPR, Disclosure Statement, Discovery, Document Retention, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, FTI Technology, Litigation, Litigation costs, Litigation Support | Leave a comment

Legal Inc publishes e-disclosure podcast series

Litigation services provider Legal Inc has published the first two in a series of ten podcasts about electronic disclosure. They take the form of a dialogue between Legal Inc director Lisa Burton and me, and will between them provide a … Continue reading

Posted in Court Rules, CPR, E-Discovery Suppliers, eDisclosure, Electronic disclosure, Litigation, Litigation Support | Leave a comment

FTI webinar – Controlling E-Discovery Costs

FTI Technology are presenting a web seminar on November 5 (that’s today) at 2pm Eastern | 11.00am Pacific | 19.00 GMT. Called Advice from Counsel: In-House Pros on E-Discovery Costs Containment, it is presented by Ari Kaplan, who will present … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, FTI Technology, Litigation, Litigation costs, Litigation Support, Outsourcing | Leave a comment

LexisNexis eDiscovery conference in Singapore

As you might infer from its name, the e-Disclosure Information Project set out with purely national ambitions. England and Wales is the only jurisdiction in the world to give the name e-Disclosure to the process of identifying, preserving, collecting and … Continue reading

Posted in Court Rules, Court Technology, Courts, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Forensic data collections, Guidance Software, Judges, LexisNexis, Litigation, Litigation costs, Litigation Support | Leave a comment

European Commission takes action against UK for data protection failings

An article in Document Management News reports on the legal action being taken by the European Commission against the UK for gaps in the legislation required to comply with EU data protection laws. The investigation leading to the action was … Continue reading

Posted in Civil Liberties, Data privacy, Data Protection, EU, Ministry of Justice | Leave a comment

Where does a wise man hide a leaf?

What connects Father Brown’s deduction that a trusted old soldier had been a villain with Autonomy’s tracing of Jérôme Kerviel’s activities at Société Générale? Both stories involved not just hiding leaves in forests but making a forest in which to … Continue reading

Posted in Disclosure Statement, Discovery, Document Retention, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, KPMG, Litigation, Litigation costs, Litigation Readiness, Litigation Support, Regulatory investigation | Leave a comment

London litigation support all gathers in one pub

A large pub gathering of most of the London litigation support industry prompts some thoughts on the state of the industry and on what makes a buyer new to the market choose one supplier rather than another If the Larder … Continue reading

Posted in Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Legal Technology, Litigation | Leave a comment

PosseList wrapup of the Masters Conference

The PosseList has managed to get out a full report of the Masters Conference and the first part of its notes on ACC Boston whilst I have yet to note up either Judge Facciola’s eleoquent keynote address at the Masters … Continue reading

Posted in eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Litigation Support, Masters Conference | Leave a comment

The Orange Rag adds its weight to litigation support on both sides of the Atlantic

I wonder what was the first legal technology development reported by Charles Christian. A new design of quill pen perhaps which, coupled with a revolutionary advance in parchment development, allowed legal clerks to write on both sides of a document … Continue reading

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

Earles v Barclays Bank reported in the Times

Earles v Barclays Bank was reported in The Times today with the heading Disclosing electronic data. I have already written about this (see Costs penalty for non-compliance with e-disclosure obligations). It is significant at several levels: unlike Digicel it is … Continue reading

Posted in Case Management, Court Rules, Courts, CPR, Discovery, Document Retention, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Litigation costs, Litigation Readiness, Litigation Support, Mercantile Courts, Regulatory investigation | Leave a comment

Spitting on the deck of the CPR

Unintended consequences are not necessarily unforeseeable. It was wholly predictable that the pre-issue obligations of the 1999 Civil Procedure Rules would shift the battleground to the front end of the litigation, and with obvious consequences in costs. As with the … Continue reading

Posted in Access to Justice, Case Management, Civil justice, Court Rules, Courts, CPR, Discovery, FRCP, Judges, Litigation, Litigation costs | Leave a comment

When is an EDD quotation like a cold beer?

These posts sometimes acquire a life of their own in the writing especially where, as with this one, they are done in stages across a rather long day. What began as an account of my last day in Singapore turns … Continue reading

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

The British invade Washington again, this time to talk and learn, not burn

To say that electronic discovery is international connotes more than the cross-border ramifications of multi-jurisdictional litigation. There is commonality in the problems, the rules and the solutions, to say nothing of the implications for law firms of new ways of … Continue reading

Posted in CaseLogistix, Court Rules, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, FRCP, Guidance Software, Judges, Litigation Support, Masters Conference, Summation, Trilantic | Leave a comment

British liberties viewed from the Land of the Free

The subject of liberty came at me in three different ways on a single Sunday morning in Washington a few days ago. The top article in the Washington Post was headed “In today’s viral world, who keeps a civil tongue” … Continue reading

Posted in Civil Liberties, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation Support | Leave a comment

Next stop Singapore for LexisNexis E-Discovery Conference

Practice Direction No 3 of 2009 in the Supreme Court of Singapore is entitled Discovery and Inspection of Electronically Stored Information and took effect on 1 October 2009. I am off to Singapore today to take part in a conference … Continue reading

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

Big reception for Marean-Dale video

Browning Marean and I made two short videos at ILTA09 with Kina Kim of PivotalDiscovery. The “big reception” in my title refers to the venue rather than the reaction, but this means of conveying information is well worth doing. Years … Continue reading

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

Discovery explorers need a map

You can kill an analogy with overuse, just as every cliché was once a clever new phrase. Describing e-discovery / e-Disclosure in terms of explorers and maps, however, does not become hackneyed, because exploration itself continues to excite and because … Continue reading

Posted in Court Rules, CPR, Discovery, eDisclosure, Electronic disclosure, Forensic data collections, Litigation Support, Part 31 CPR, Stroz Friedberg | Leave a comment

A pit-stop before the last lap

There is a little BlackBerry buzz in my pocket as I put my key in the door after flying sleepless overnight from Washington. Are you happy with the eleven podcasts, the message asks, and can we do a synopsis for … Continue reading

Posted in Discovery, eDisclosure, eDisclosure Conferences, Electronic disclosure, Masters Conference | Leave a comment

Off to the Masters Conference in Washington DC

I have gone to the Masters Conference in Washington DC. See Packed programme for Masters Conference. I am there until Wednesday evening, staying at the Willard Hotel. See you there. Home

Posted in Discovery, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Litigation Support, Masters Conference | Leave a comment

Costs penalty for non-compliance with e-disclosure obligations

A judgment given yesterday by His Honour Judge Simon Brown QC sitting as an Additional High Court Judge in the Birmingham Mercantile Court, will focus minds on the need to comply with the requirements of Part 31 CPR and the … Continue reading

Posted in Case Management, Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Litigation costs, Mercantile Courts, Part 31 CPR | Leave a comment

Packed programme for Masters Conference

The 2009 Masters Conference takes place in Washington on 12 and 13 October. Its title, Global Corporate Change – Navigating Discovery, Risk and Security covers only a fraction of the subjects covered in two days. The best part for me … Continue reading

Posted in CaseLogistix, Clearwell, Court Rules, CPR, Data privacy, Data Protection, Discovery, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, FRCP, Guidance Software, Judges, Litigation Support, Masters Conference, Nuix, Part 31 CPR, Recommind | Leave a comment

Posse List post profiles Project

I find myself in the unusual position of being the subject of a blog post rather than the writer. I was interviewed in Brussels last week by Gregory Bufithis of the Posse List which describes itself accurately as “your source … Continue reading

Posted in Brussels, Discovery, eDisclosure, eDisclosure Conferences, Electronic disclosure, IQPC, Litigation Support, Masters Conference | Leave a comment

Scottish Civil Courts Review

One of my aims this evening was to knock out a few words on those parts of the newly-published Report of the Scottish Civil Courts Review as relate to case management and disclosure of documents, before moving on to one … Continue reading

Posted in Access to Justice, Civil justice, Court Rules, Courts, Judges, Scottish Courts | Leave a comment

Information retention at e-Disclosure conference in Brussels

I demonstrated my own commitment to information retention by mislaying my notes of the sessions at IQPC’s Information Retention and E-Disclosure Management Europe Conference in Brussels last week. As with all the best document retention policies, this means that I … Continue reading

Posted in Brussels, Court Rules, CPR, Data privacy, Data Protection, Discovery, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Epiq Systems, Equivio, FRCP, IQPC, Judges, KPMG, Litigation Support | Leave a comment

Service of UK proceedings via Twitter

The UK High Court’s recent permission to serve an injunction via Twitter may be a first, but it has respectable antecedents and the authority of the rules. The relevant part of Rule 6.15 CPR says this: (1) Where it appears … Continue reading

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Technology and constitutional protection at the Supreme Court

Readers will know that the defence of our democratic rights vies for my attention with efficient case management and the use of technology in litigation. The new Supreme Court combines both of these interests. There is a story of a … Continue reading

Posted in Access to Justice, Civil justice, Civil Liberties, Court Technology, Judges, Supreme Court | Leave a comment

Learning in good company at IQPC e-Disclosure Conference in Brussels

I got back late on Thursday from IQPC’s Information Retention and E-Disclosure Management Europe conference in Brussels. I was on three panels on the first day, attended several others, met or re-met countless people, and yet seemed in retrospect to … Continue reading

Posted in Discovery, DocuMatrix, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Epiq Systems, FTI Technology, Guidance Software, IQPC, KPMG, Litigation Support, Recommind | Leave a comment

Federal Court of Australia re-issues PN 17

Your heart sinks when you see a headline like that. PN 17 re-issued already? It only came into force in February. What can have turned up which warranted re-issuing it? It transpires that this is the result of a re-numbering … Continue reading

Posted in Australian courts, Court Rules, Courts, Discovery, eDisclosure | Leave a comment

Clearing the decks before going to Brussels

I do not pretend that this job is hard work in the way that trying to reach a sales target or managing a large project is hard work. It is far too enjoyable for that. It would, however, be good … Continue reading

Posted in Brussels, Data privacy, Data Protection, Discovery, DocuMatrix, Document Retention, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Epiq Systems, EU, Guidance Software, IQPC, KPMG, Litigation Readiness, Litigation Support, Recommind, Regulatory investigation | Leave a comment

e-Disclosure is like opera – you do not start with Wagner

I am fond of analogies, as you know, and everything from motorway signs to Roman bridges gets pulled into service to illustrate e-disclosure points. It seems to be catching: Craig Earnshaw of FTI Technology in London came up with another … Continue reading

Posted in E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, FTI Technology, Litigation Support | Leave a comment

Flying the wrong messages across cultural boundaries

Most broad ideas of the characteristics which identify people from other races and cultures contain a grain of truth as well as a dollop of unfairness. The excitable French, stoic Britons and [supply your own words here] Irish turn up … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Forensic data collections, Litigation Support | Leave a comment

New French Data Protection Opinion on US discovery procedures

I bet that headline made your heart skip a beat with excitement, as mine did when I saw that the Proskauer Rose LLP Privacy Law blog has a new entry headed French Data Protection Authority releases new opinion on compliance … Continue reading

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

Top 10 tips for working with E-Discovery from Tom O’Connor

The programme for the Masters Conference in Washington on 13 and 14 October is now published. It looks set to be even better than last year’s, even if you ignore my own small part in it. I will come back … Continue reading

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

The best technology is useless without the right people

In electronic disclosure as in everything else, the technology itself is unlikely to cause the problems. For the moment at least, it needs direction from human intelligence. Money spent on equipment is wasted if not supported by a brain cell … Continue reading

Posted in Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Litigation Support | Leave a comment

Evidence Eliminator does the trick for Phoenix Four

A director who destroyed documents in anticipation of a government investigation may not be subject to any penalty for the bare act of destruction divorced from any actual proceedings against him or his company. If that is indeed the position, … Continue reading

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

Reaching informed agreement that e-disclosure is not needed

Having just published an article about whether electronic disclosure is needed in all cases, I turned to Ralph Losey’s blog to discover that he had just published an article about whether electronic discovery is needed in all cases. We do … Continue reading

Posted in Case Management, Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation Support, Part 31 CPR | Leave a comment

How would Bray & Gillespie play in the UK?

Bray & Gillespie is a US eDiscovery case which has attracted attention partly because its outcome was so predictable and partly for the strong views expressed by the judge as to the conduct of those involved. What would have been … Continue reading

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

I got it from Twitter – Normandy in pictures 1944 and now

Most of what I write about, however unlikely the starting point, brings you back to electronic discovery / e-disclosure sooner or later. Even I, however, can find no such connection for what I am about to point you to. I … Continue reading

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

Using Twitter to talk to your clients

My article Twitter as a source of e-discovery information drew a comment from Nick Wade, Group Product Manager for Symantec’s Enterprise Vault – Discovery. I had focused on Twitter as merely a source of information. Nick draws attention to its … Continue reading

Posted in Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Litigation Support | Leave a comment

Twitter as a source of e-discovery information

The best way to get informed about e-disclosure / ediscovery news first thing in the morning is to follow Michelle Mahoney’s overnight tweets (they are at http://twitter.com/michmahon). That is “overnight” in UK terms, since Michelle’s day starts rather earlier than … Continue reading

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

More than one reason for new FTI Paris presence

It is interesting to find FTI Consulting, Inc. opening a new forensic and litigation consulting practice in Paris. There is more to this, I suspect, than the economic truism that, for those who can afford it, recession is the best … Continue reading

Posted in Discovery, Document Retention, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, EU, FTI Technology, IQPC, Regulatory investigation | Leave a comment

7Safe blogs to keep us informed about e-disclosure forensics

E-disclosure Information Project sponsor 7Safe has joined the growing number of businesses using a blog to pass on information about what it does and what is happening in the company. It is a powerful and cheap marketing medium whatever you … Continue reading

Posted in Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Forensic data collections, Litigation Support | Leave a comment

Who needs a bridge when the river goes away?

The mechanics of electronic disclosure are not an inherently legal function like Will writing or conveyancing. Instead of assuming that the work will always be theirs, lawyers must ask themselves why the clients should not divert it somewhere else. There … Continue reading

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

Guidance Software launches EnCase Certified eDiscovery Practitioner Program

As you will have gathered from recent posts I am not a supporter of the idea that anyone working in the ediscovery / e-disclosure field must have a certificate to prove their competence. My opposition is based largely on the … Continue reading

Posted in Discovery, E-Discovery Suppliers, eDisclosure, Electronic disclosure, Guidance Software, Litigation Support | Leave a comment

New edition of American Legal Technology Insider

The current edition of the American Technology Insider is out, with Charles Christian’s report on ILTA 2009 and some spending statistics which are realistic rather than cheery in the short-term at least. There is also, as always, a succinct summary … Continue reading

Posted in eDisclosure Conferences, ILTA, Legal Technology, Litigation Support | Leave a comment

Fifth Annual eDisclosure Forum in London for only £99

London’s Fifth Annual eDisclosure Forum takes place on 13 November. Run by Thomson Reuters with Sweet & Maxwell, it is generally agreed to be one of the best in the London calendar. The delegate fee is only £99 + VAT, … Continue reading

Posted in Case Management, Court Rules, CPR, Discovery, eDisclosure, eDisclosure Conferences, Litigation Support | Leave a comment

The UK is well-placed between the EU and the rest of the eDiscovery world

The first big eDiscovery conference of the autumn is IQPC’s Information Retention and E-Disclosure Management Europe conference in Brussels on 30 September and 1 October. I am going there mainly to take part in a panel organised by Guidance Software … Continue reading

Posted in Discovery, DocuMatrix, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Epiq Systems, EU, FTI Technology, Guidance Software, IQPC, KPMG, Litigation Support, Masters Conference, Nuix, Recommind | Leave a comment