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- The conflict between eDiscovery and GDPR – Norra Stockholm Bygg AB
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- Revisiting useful old judgments: deleted messages and adverse inferences
- Ireland’s Legal Tech Conference 2022 on 29 November in Dublin
- AI and Data Management lead the story at Relativity Fest
- A full agenda at Relativity Fest from 26-28 October in Chicago and online
- Wrapping up two UK disclosure cases which caught the public eye
- Farewell to Charles Christian, who brought legal technology to lawyers
- Interlocutory orders and contempt – the “burn it” judgment
- Relativity acquires Heretik for contract review and intelligence
- Cabo Concepts v MGA – lack of disclosure supervision brings indemnity costs order
- A glut of disclosure stories just as I turn my back
- Disclosure duties and audit – not as easy as some may think
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Category Archives: CPR
Summation of e-disclosure responsibilities
Wolters Kluwer, owners of CT Summation, invited me to speak on 20 May as part of their series of thought-leadership talks. The subject was e-Disclosure costs and responsibilities: a primer for in-house and external counsel. I had adopted the theme … Continue reading
Where were the lawyers at IQPC?
The potential audience for these musing ranges from large London firms with Terabytes of data for review down to much smaller firms with modest volumes and budgets to match. A report of a two-day, high-end conference in London will resonate … Continue reading
It works, Judge, trust us
US Magistrate Judge the Honorable Andrew Peck here makes his third appearance in this blog in as many days, following his appearances at the IQPC Information Retention and E-Disclosure Management conference last week. There is a note about his reputation … Continue reading
Limitations on document retention
There are certain apparent truisms which fall from the mouths of some of those involved in disclosure / discovery / document retention which it seems pointless to correct. They are not wrong, exactly, or are at least founded in something … Continue reading
Guidance on benefits of e-Disclosure Project
If it was slightly embarrassing to find myself the principal subject-matter of a speaker session at the IQPC Information Retention and E-Disclosure Management Conference last week, it is even more so to have the task of writing about it afterwards. … Continue reading
Posted in Australian courts, Case Management, CaseLogistix, Commercial Court, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Epiq Systems, FoxData, Guidance Software, IQPC, Law Society, LexisNexis, Litigation Support
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First Law Society seminar on e-Disclosure
On Tuesday I gave the first in a series of ten regional talks on e-disclosure for the Law Society to an audience of 70 or so solicitors in London. My starting point was the CPR requirements and powers – what … Continue reading
E-disclosure conferences and seminars 2008
I have updated on my web site the list of conferences, seminars and similar events known to me for 2008, with hyperlinks to the programmes where they are available. I have left up the programmes for the past events, since … Continue reading
Posted in Australian courts, Case Management, Commercial Court, Court Rules, Courts, CPR, Discovery, Document Retention, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, ILTA, ILTA Insight, IQPC, Law Society, Litigation Readiness, Litigation Support, The Lawyer
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Bringing International Discovery home to all
What is the relevance to UK solicitors of a presentation on International Discovery delivered recently by an Australian in Las Vegas? The answer lies in 200 documents – for that is the new mandatory threshold in Australia for using e-Disclosure … Continue reading
Summation thought-leadership
As I have already mentioned, Summation is back in the UK and aiming for a share of the growing market here. Since I don’t actually sell software solutions, my interest in “the market” is driven by the underlying causes of … Continue reading
The Litigation Support Marketplace
Independent consultant Andrew Haslam of AllVision has published an excellent summary of what the litigation support market holds. Called The Litigation Support Marketplace – an Analytical Framework, it surveys the problems and the solutions which exist to solve them. You … Continue reading
Keywords not always the key to disclosure
How useful are keywords in refining document populations? They can be a blunt instrument, but it may be proportionate to use blunt instruments as long as everyone involved is aware of the method used. What does it all mean to … Continue reading
XBundle lifts bar to electronic court bundles
It has been observed unkindly that a high proportion of my research seems to be done in bars. I find them good places to pick up information, especially if everyone else drinks and I do not. Perhaps it is less … Continue reading
Gremlins delay warning of EDD trolls
Giving your predictions for the year at the end of April is a bit like going to the bookies as the Grand National field crosses the Melling Road for the second time (not that that would have done you much … Continue reading
Aural Guidance on e-Disclosure
Something called the e-Disclosure Information Project is necessarily interested in exploring beyond the traditional speaking and writing ways of getting that information across, and this year has brought a number of recorded opportunities. The Project is a loose confederation of … Continue reading
Standard Mercantile Court Directions
The old cliches are the best of course, and I feel just now that we have reached the summit after pushing snow uphill for years (15 years in my case). The snowball is poised to roll downhill, gathering momentum and … Continue reading
ILTA 2008: judicial training in e-disclosure
I have already given an overview of the excellent ILTA INSIGHT 2008 conference in London yesterday (ILTA 2008 – not just another e-disclosure conference). Two sessions dealt with electronic disclosure. The first was given by Mark Surguy of Pinsent Masons, … Continue reading
ILTA – not just another e-disclosure conference
When the Director of Global Practice Technology & Information Services at Shearman & Sterling describes what we are doing in the Birmingham Mercantile Court as “leap-frogging the US in e-disclosure”, you begin to think you might be getting somewhere. George … Continue reading
Law Society regional e-Disclosure training
The Law Society has just published the programme and venue listings for its electronic disclosure training series under the title E-disclosure – the rules, the practice and the benefits. This begins in London on 13 May and goes to Birmingham, … Continue reading
ILTA INSIGHT 2008
ILTA INSIGHT 2008 takes place on 15 April at the Hilton London Tower Bridge. I will be speaking there with Mark Surguy of Pinsent Masons and HHJ Simon Brown QC in a session to report on the progress which has … Continue reading
Attracting readers for electronic disclosure
I do not have any sophisticated means of tracking the visitors to this blog, but WordPress shows me which pages have been read how many times and allows me to distinguish between real views and those made by crawlers and … Continue reading
Relevant is irrelevant to standard Disclosure
I spend a sadly disproportionate amount of my life touring the Web with the aid of Google, looking for things which are relevant to disclosure of documents, and in particular electronic disclosure. Look, I even talk like Part 31 of … Continue reading
LDM shows CaseMap integration
Regular readers will know that I am an enthusiast for CaseMap as a low-cost tool both for its primary purpose – the linking of litigation facts to issues – and as a simple way to handle disclosure. If today’s postings … Continue reading
Judge how CaseMap gets to the issues
I went to Birmingham last week with LexisNexis to show a judge what CaseMap can do. Why is it important for judges to see solutions like this, and what is CaseMap’s role in handling the issues in litigation? Part of … Continue reading
LiST publishes draft Disclosure Statement
The LiST Group has published a draft revised Disclosure Statement on its Publications page. The draft was submitted to the DCA (as was) in 2006 with a view to kick-starting a discussion about this under-regarded element in the disclosure process. … Continue reading
For the avoidance of doubt…
Those of you excited by my report yesterday of a District Judge striking out both statements of case for failure to comply with a practice direction did, I hope, get to the bottom, where the words “fool” and “1 April” … Continue reading
Posted in Case Management, Court Rules, Courts, CPR, eDiscovery, Litigation Support
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Judge strikes out
It is a source of curiosity to US and Australian litigation lawyers that we in the UK have so little case law on pre-trial procedures. District Judge Solomon Dredd made an order at a Case Management Conference today which should … Continue reading
Posted in Case Management, Court Rules, Courts, CPR, eDisclosure
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See the Rule Committee in action
The Civil Procedure Rule Committee is having an open meeting on 13 June 2008. I wrote about last year’s one (Rule Committee Open Meeting) in a manner simultaneously respectful and tongue-in-cheek – respectful in that the Rule Committee does an … Continue reading
LiST Group expands
I have written appreciatively about the work of the Litigation Support Technology Group – LiST – on my web site. LiST is a think-tank, whose members – all skilled and experienced litigation support people in law firms and analogous organisations … Continue reading
Directions initiative in Birmingham
Practitioners in the Birmingham Mercantile Court are being sent a draft order for directions which includes provisions aimed at tighter case management. Why is this useful, and what if you genuinely think that the proposed order should not apply in … Continue reading
Defensibility of the UK e-Disclosure process
Do the UK courts ever question the manner in which electronic evidence was collected? It is a source of much contention in the US but we have little case law directly on the point here. It is clearly vital to … Continue reading
Another e-Disclosure event in Birmingham
A second talk to Law Society members in Birmingham revealed more enthusiasm for electronic disclosure than one might expect given the amount actually done. How do we translate that enthusiasm into action? The only action required is to ask a … Continue reading
Posted in Case Management, Commercial Court, Court Rules, Courts, CPR, Discovery, eDisclosure, eDiscovery, Outsourcing
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Anacomp captures new sources of information
Anacomp announces new alliances which bring hosted capture to its already broad range of services. The trend towards a one-stop shop will appeal to many. Anacomp, best known until last year for its docHarbor document repository, has taken a further … Continue reading
E-Disclosure conferences in London 2008
There are several e-Disclosure conferences in London this year, including a couple which have not been seen in this space for a bit. Conference organisers have a keen eye for what is topical and have obviously decided that 2008 is … Continue reading
Discovering what to do about e-disclosure
The paucity of blog postings recently does not imply that there is nothing to write about On the contrary, there is too much going on to stop and write it all up. A quick summary of what has come up … Continue reading
UK judge flies e-Disclosure flag in New York
His Honour Judge Simon Brown QC of the Birmingham Mercantile Court went to New York last week to take part in a judicial panel on the subject of eDisclosure. The resulting debate should make audiences sit up on both sides … Continue reading
Commercial Court judges set out their case management intentions
A well-attended meeting of the Commercial Litigators’ Association on Monday was left in no doubt that the Commercial Court judges intend to follow closely the recommendations of the Commercial Court Long Trial Working Party Allen & Overy were the hosts … Continue reading
Networking thoughts after LegalTech
The LegalTech cud is still being chewed. The graph below show page views on this blog down to today, with an encouraging upward trend. The actual visits are not huge in absolute terms – 163 page views on one day … Continue reading
The Portability of H5’s Process
Contrary to my assumptions, H5’s very different approach to document review can be made available in the UK on data hosted here. Those with bigger cases should consider adding H5 to their list of possible solutions I had breakfast with … Continue reading
Guidance on the Human Factor in eDiscovery
My first port of call in New York last week was Patrick Burke, Assistant General Counsel at Guidance Software. I did a webinar with Patrick over Christmas (Americans don’t really do Christmas I discover – the last e-mail in on … Continue reading
Trilantic sessions round off LegalTech
As in previous years, Trilantic organised three sessions for the last day of LegalTech. They are generally less formal than the other sessions and, as I have said elsewhere, take important subjects with a light tone. I thought I would … Continue reading
Long Trials trial gets longer trial
Mr Justice Andrew Smith, Judge in Charge of the Commercial Court, has issued a statement about the Report of the Commercial Court Long Trials Recommendations. The Recommendations will be put into practice from 1 February. The trial period, however, will … Continue reading
Posted in Commercial Court, Court Rules, CPR, eDisclosure, Litigation Support
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The impact of Qualcomm for UK lawyers
The sanctions judgment in Qualcomm v Broadcomm emphasises for UK lawyers the apparent conflict between their duty to ensure that their clients give full disclosure and their parallel obligation to keep disclosure proportionate. The two duties are not in fact … Continue reading
Spotting the turning-point at the starting-point
The main character in the film The Butterfly Effect explores every possible event in his search for the right answer, only identifying the correct turning point at the end of the last reel, after much unnecessary tribulation. The aim of … Continue reading
E-Disclosure – What does the court expect?
His Honour Judge Simon Brown QC told a London conference audience what the UK courts expect from those who appear before them when electronic disclosure is a big element in a case. I have written separately about the conference organised … Continue reading
Growing interest in e-disclosure sources
A picture, they say, is worth a thousand words, so to save a lot of typing, I give you the graph which my Blog host, WordPress, produces to show the hits since I began the blog a year ago. The … Continue reading
Intimidation by Terabyte – scope of e-disclosure
The judgment in Hands v Morrison Construction Services Ltd [2006] may have related to the special circumstance of an application for pre-action disclosure in the TCC, but it has some messages applicable to e-disclosure generally We are very short on … Continue reading
Posted in Case Management, Court Rules, Courts, CPR, Discovery, eDisclosure, eDiscovery, Litigation Support
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Debating the Aikens Report
I wrote on Friday (Give more credit to the Aikens Recommendations) with a more positive view of the Long Trial Report and Recommendations than had been given by John Reynolds of White & Case (Aikens misses the big picture) in … Continue reading
Posted in Commercial Court, Court Rules, Courts, CPR, eDisclosure, eDiscovery, Litigation Support
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Irish Court rules on data extraction
Anyone involved in electronic discovery may be interested in a decision of the Irish Supreme Court in Dome Telecom v Eircom. The point at issue was whether a party can be required to create a document as part of the … Continue reading
Posted in Court Rules, Courts, CPR, Discovery, eDisclosure, Litigation Support
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Give more credit to the Aikens Recommendations
John Reynolds, a partner in White & Case, shows less than enthusiasm for the Commercial Court Long Trials Report and Recommendations in an article published yesterday on Legal Week’s web site. The Recommendations deserve more credit. The article, headed Aikens … Continue reading
Posted in Commercial Court, Court Rules, Courts, CPR, eDisclosure, eDiscovery, Litigation Support
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Marcus Evans conference – E-Discovery Strategies
A good e-Disclosure conference will make you want to know more or, at least, will ring an alarm bell in due course. There are pitfalls to know about and practice development opportunities being missed. I am just back from a … Continue reading
An articled clerk in Gray’s Inn in the 1970s
An old name used by a web searcher stirs memories of typewritten lists of documents of long ago. I keep a close eye on the web statistics from my web site and blog. They tell me, amongst other things, what … Continue reading
Posted in Court Rules, Courts, CPR, Discovery, eDisclosure, Litigation Support
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Australia updates Federal Court ediscovery rules
New court rules for handling electronic documents are expected in Australia before the end of 2007. They will bite on as few as 500 documents, there will be a court-appointed expert to manage cases, and there is a massive investment … Continue reading
Commercial Court Long Trial Recommendations
The Report and Recommendations of the Commercial Court Long Trials Working Party was published on 6 December 2007. Its 83 pages deserve a closer look than time allows now, but we will have a quick summary of the passages relating … Continue reading
Posted in Commercial Court, Court Rules, Courts, CPR, eDisclosure, Litigation Support
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Victor Limongelli now CEO of Guidance Software
Guidance Software announced last week that Victor Limongelli has been appointed Chief Executive Officer. I met Victor at a conference in London earlier this year. He is easy to spot – an American executive who speaks knowledgeably about the English … Continue reading
First e-disclosure training for judges
I led an e-disclosure training session in Birmingham last week for a room-full of District Judges and Specialist Judges from Chancery and Mercantile Courts in Birmingham, Bristol, Manchester and Leeds. We covered the Practice Direction to Part 31 CPR, the … Continue reading
Posted in Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, FoxData, LiST, Litigation Support
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T3 – Trial Tactics and Technology in London
A mock eDiscovery hearing yesterday in front of real judges would have put UK litigation lawyers on notice of rough rides ahead if they are less than fully prepared to justify what has been done or not done to control … Continue reading
Richard Susskind and the End of Lawyers
Richard Susskind’s long-term prediction that the work of lawyers will break up into “identifiable and discrete pieces” applies here and now to electronic Disclosure. The discrete stages of first identifying and culling, and only then analysing, document populations do not … Continue reading
E-Discovery conference in London January 2008
Marcus Evans, the international conference organiser, asked me some time ago to be a speaker at their E-Discovery and Document Management Strategies Conference in London on 14 and 15 January 2008. The request coincided with the opportunity to organise e-Disclosure … Continue reading
Posted in Court Rules, Courts, CPR, Discovery, Document Retention, eDisclosure, eDiscovery, FRCP, Litigation Support
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Useful pointer to US e-Discovery sources
The Information Governance Engagement Area has a link to a useful article which pulls together the key US sources on e-Discovery matters. The article, by Robert Ambrogi in Law Technology News, is called EDD Bytes to feed your firm’s knowledge … Continue reading
Posted in Court Rules, Courts, CPR, Discovery, eDisclosure, eDiscovery, FRCP, Litigation Support
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Training for judges in e-Disclosure
“I have been asked to develop and deliver a training course for judges on the subject of e-disclosure. There are two broad headings – the nuts and bolts of the technology and the proactive use of the CPR to encourage … Continue reading
Posted in Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, FoxData, LiST, Litigation Support
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Electronic evidence and e-discovery forum 2007
The skills and tools developed for urgent regulatory compliance and forensic analysis have benefits for cost-effective electronic Disclosure in litigation. I am just back from the Electronic Evidence and e-Discovery forum run by AKJ Associates, a two-day conference at which … Continue reading
US courts’ hard line on Discovery failures
The US courts are coming down heavily on inadequate Discovery of e-mail and other electronic sources of information, and accepting few excuses for non-compliance with the Rules. Events in a far away country of which we know little (as Chamberlain … Continue reading
Agree on Disclosure – or the judge will decide for you
If the parties fail to agree on the handling of electronic sources of information as required by the Practice Direction to Part 31 CPR, the judge might impose his own ideas on them. The result may please neither side. This … Continue reading
Posted in Court Rules, Courts, CPR, Discovery, eDisclosure, eDiscovery, FRCP, LiST, Litigation Support
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Too much EDD about EDD
…and too many ESIs about ESI. Those of us who watch the discovery and compliance industry have the same problem as the lawyers have with their clients’ documents – getting at the stuff which matters. I have started reading the … Continue reading
In Orlando, now that ILTA’s there
I pack my bag, and in it I put a Marriott hotel in Orlando, ILTA, the Practice Direction to Part 31 CPR, a document retention policy, a litigation support training course, an e-Disclosure conference, some needles and haystacks, All Souls … Continue reading
What can the CPR learn from the FRCP?
Reza Alexander of DLA Piper UK LLP is perhaps the most knowledgeable UK expert on the implications of the recent e-Disclosure amendments to the US court rules. I will point you in a moment to an article by him, but … Continue reading
Posted in Court Rules, Courts, CPR, eDisclosure, FRCP, LiST, Litigation Support
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OutIndex imports orators as well as Outlook
OutIndex, makers of low-cost software which imports and processes mail files and electronic documents, invited some top US e-Disclosure experts to speak at their Legal Technology Summit yesterday. English judges are showing increasing interest in using their CPR powers to … Continue reading
Posted in Court Rules, Courts, CPR, E-Discovery Suppliers, eDisclosure, FRCP, LiST, Litigation Support
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E-Disclosure, Needles and Haystacks 2 – volumes
This is one of a series of articles based on an account by barristers Alex Charlton and Matthew Lavy of a document-heavy case in which they were involved as the recipient of a large electronic Disclosure. Each article is free-standing … Continue reading
Posted in Court Rules, CPR, Document Retention, eDisclosure, Litigation Support
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E-Disclosure – Needles and Haystacks
The April / May 2007 edition of the SCL’s Computers & Law Magazine includes an article by barristers Alex Charlton and Matthew Lavy, who tell of their experiences on the receiving end of a very large, and apparently undiscriminating, e-Disclosure … Continue reading
Posted in Court Rules, CPR, Document Retention, eDisclosure, Litigation Support
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Rule Committee Open Meeting
Let me confess at once that I missed the Civil Procedure Rule Committee Open Meeting on Friday, which limits somewhat my scope for writing about it. Mind you, I thought it was the Rule Committee Open Day and was quite … Continue reading
Posted in Court Rules, CPR
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eDisclosure Information Project 