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Recent Posts
- Relativity Predictions Webinar – Q1 2023
- 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
- Everlaw Clustering: making eDiscovery enjoyable
- In discovery as in life – explosive reactions when social media posts come to light
- Johnson and Arcuri and the missing documents
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Category Archives: FRCP
Relativity Fest London – a rounded eDisclosure conference not just a trade show
As I noted when I wrote about it in advance, kCura’s Relativity Fest London has been moving over the years to become a full-blown eDiscovery / eDisclosure event and not just a platform for launching kCura initiatives and for networking. There … Continue reading
Posted in Analytics, Brexit, CPR, Cross-border eDiscovery, Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, FRCP, KCura, Relativity, Relativity Fest, Technology Assisted Review
Tagged Andrew Sieja, David Horrigan, Jonathan Maas, Judge Peck, Meribeth Banaschik, Nick Robertson, Steven Whitaker
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Preservation and proportionality on the agenda for US litigation
There is a lot going on in the eDiscovery / eDisclosure world at the moment, what with new Civil Procedure Rules in England and Wales, and with products, appointments and webinars to write about and conferences to plan for. There … Continue reading
Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, FRCP, Symantec
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You do not need the fear of sanctions to get value from legal hold software
I am doing a panel session on Day 2 of the IQPC Information Retention and EDisclosure Managemement Summit with Ronke Ekwensi of Pfizer. Our subject is ESI preparation and preservation: Assessing – and addressing – your eDisclosure Liabilities. One of … Continue reading
Metadata and Data Exchange Formats in Electronic Disclosure – a US model for a common-sense approach in the UK
UK lawyers are rightly sceptical about the relevance of US e-discovery rulings to their own cases. Occasionally, however, one comes along which is grounded in universally-applicable common sense or which throws light on some basic technological point which has not … Continue reading
Posted in AccessData, Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, FRCP, Part 31 CPR
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The ups and downs of US ediscovery sanctions
The sanctions handed down by US courts for ediscovery failures bewilder the rest of us somewhat. To my eye, if one wanted to design a system which was absolutely certain to encourage satellite litigation, tactical play and (as a defensive … Continue reading
IQPC the best London e-disclosure conference again
The three-day IQPC Information Retention and eDisclosure Management Summit is over for another year. It is the biggest and best conference in the London calendar and one which genuinely aspires to do better each year. Everyone I spoke to seemed … Continue reading
Posted in Case Management, Court Rules, CPR, Discovery, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Epiq Systems, Ernst & Young, FRCP, Guidance Software, IQPC, Judges, Litigation Support, Lord Justice Jackson, Masters Conference, Nuix, Part 31 CPR, Recommind, Trilantic, Women in eDiscovery
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The 2010 Duke Conference on US Civil Litigation
No one with any interest in the US Federal Rules of Civil Procedure could be unaware of the debates which have been going on about the costs of civil litigation and, in particular, of discovery. A conference is being held … Continue reading
The extent of the right to privacy in French employee’s e-mails
The expression “grasping at straws” has seafaring origins – a drowning man grasps at straws in the absence of anything more solid to cling to. It comes to mind whenever the subject of EU data privacy comes up in the … Continue reading
Posted in Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, EU, FRCP
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There is more to FTI Technology than Attenex and Ringtail
My self-imposed job description involves flitting between all the players in the electronic disclosure / electronic discovery world, picking up information and ideas from one place and dropping them in another. I talk to judges, lawyers and technology suppliers, read … Continue reading
Posted in Attenex, Case Management, CPR, Discovery, Early Case Assessment, eDisclosure, eDiscovery, Electronic disclosure, Forensic data collections, FRCP, FTI Technology, Judges, Litigation, Litigation costs, Litigation Support, Lord Justice Jackson, Part 31 CPR, Regulatory investigation, RingTail
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A short video could win you free tickets and accommodation at CEIC
The use of video turns up in these pages either where a supplier has used the medium to educate or to promote a product, or in a slightly embarrassed reference to my own reluctant appearances in front of the camera. … Continue reading
Stratify eDiscovery Super Session panels at LegalTech
I have already mentioned one of the four panels which Stratify is running on Tuesday, 2 February in the Sutton Parlor Center Room at the Hilton in New York. The sessions are as follows: 8.30 Can we have our cake … Continue reading
US claims Global Power to Access Data despite EU data protection laws
Another decision of a US court shows the supremacy of the US courts over EU laws, at least as seen from the US. It doubtless plays well in Utah, but is probably bad news for US evidence-collection in the long … Continue reading
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
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
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
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
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
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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
I disclose the discovery that Britain is on its own
The UK cast itself off from the US and the rest of the common law world when we renamed “discovery” to “disclosure”. Now the whole Special Relationship has apparently died. US-UK cooperation on discovery/disclosure will survive that. Inevitably, this column … Continue reading
Posted in Case Management, Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, FRCP
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Judicial College gives hope of e-disclosure training
Today’s Times reports on the launch of a new Judicial College which will give judges the opportunity to top up their skills and keep up to date with developments in the law, practice and procedure. The Lord Chief Justice, Lord … Continue reading
Why not just read a few eDiscovery cases?
An hour or so after I posted my blog entry eDiscovery certification bars new entrants arguing against the apparatus of exams and certificates for in-house staff, a new post appears headed The Critical Need for eDiscovery Certification followed closely by … Continue reading
Posted in Court Rules, Courts, Discovery, eDiscovery, FRCP
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Cooperative hands across the sea
My post about the increasing exchange of ideas between the US and UK on matters of electronic discovery (Preserving the old ways, protecting the new ways) followed a spate of references in US e-discovery commentaries to what is happening in … Continue reading
Preserving the old ways, protecting the new ways
This column, as you may have noticed, is deeply attached to the old principles of discovery of documents as a means of bringing evidence before the court. It is also a determined advocate of new ways of managing it. The … Continue reading
US-UK cross-fertilisation for discovery
Vince Neicho, litigation support expert at Allen & Overy in London, has an interesting article in Legal Week about the increasing amount of discussion and shared ideas between those interested in e-discovery / eDisclosure in the US and the UK. … Continue reading
Australia at the centre of the discovery world
The default map of the world shows Britain in the middle and near the top, with Alaska at top left and New Zealand at bottom right. Perhaps that is because Europe invented the Greenwich Meridian; maybe it is a legacy … Continue reading
Posted in Australian courts, Case Management, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, Early Case Assessment, eDisclosure, eDisclosure Conferences, eDiscovery, eDiscovery Tools, EDRM, Electronic disclosure, FRCP, FTI Technology, Guidance Software, Litigation, Litigation costs, Litigation Support, Lord Justice Jackson, Nuix, Part 31 CPR, RingTail
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Judge Grimm webinar on the Maryland Protocol
When US Chief Magistrate Judge Paul W Grimm was in London for the IQPC Information Retention and e-Disclosure Management Conference recently, he mentioned the Maryland Protocol which he and others have devised for the better handling of electronically stored information … Continue reading
Parallel and cross-border developments in eDiscovery
I have just had to turn down the opportunity to speak at a conference organised by LexisNexis in Hong Kong on 20 and 21 July. The invitation was to deliver the keynote speech at the start of the first day … Continue reading
The discovery of disclosure commonality with a trans-Atlantic judicial panel
If I were to define a perfect working day it would go something like this: wake up in a comfortable hotel and take a five minute stroll to Piccadilly; sit on a platform with the two leading US and the … Continue reading
E-Disclosure in the £50,000 case
The article to which I am about to refer you is in fact called E-Discovery in the $50,000 Case by Conrad Jacoby and not as my heading shows it. We in the UK renamed the ancient process known as discovery … Continue reading
All the news that’s fit to print from Unfiltered Orange
The source for my story about the US – Swiss Safe Harbor was Unfiltered Orange, the electronic discovery resource run by Rob Robinson for Orange Legal Technologies. Rob’s then e-discovery blog was the first resource I came across when I … Continue reading
KordaMentha picks EnCase from Guidance Software for Australian eDiscovery
Like sport and so much else, the idea of proving a legal case by discovery of documents is an old English concept which was adopted wherever the English had a hand in establishing a system of law. America kept it … Continue reading
Posted in Australian courts, Case Management, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, Early Case Assessment, eDisclosure, eDiscovery, Electronic disclosure, Forensic data collections, FRCP, Guidance Software, Litigation, Litigation Support, Regulatory investigation
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The growing importance of metadata preservation in eDiscovery
If UK lawyers do not share the US enthusiasm about the preservation, collection and use of metadata, that is in part because they are not clear what it is and how it might be used. A forthcoming webinar will be … Continue reading
Legal Inc panel at LegalTech lives up to its billing
Litigation support providers from the relatively small UK market made a good showing at LegalTech in New York this year. Amongst them was Legal Inc who hosted a panel of luminaries moderated by Charles Christian of Legal Technology Insider. LTi … Continue reading
Judge Facciola LegalTech messages are for UK as well as US lawyers
There was something almost surreal about the discovery that the LegalTech organisers had failed to record US Magistrate Judge John Facciola’s keynote speech, given that Facciola regularly delivers Opinions castigating parties either for faulty decisions about technology or for technological … Continue reading
Posted in Access to Justice, Case Management, Civil justice, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, Early Case Assessment, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, FRCP, Judges, LegalTech, Litigation, Litigation costs, Litigation Support
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Collections trainees seek Guidance on civil e-discovery
One of the benefits of being linked to the companies who sponsor the e-Disclosure Information Project is the opportunity to talk to those who work for them. These are the people who are out meeting with and working with the … Continue reading
LegalTech lessons for lawyers from extinct species
Only one practising UK commercial lawyer came to LegalTech in New York. Recession hit the litigation support industry before our eyes. One of the recurring themes there was that the clients are taking discovery in house. Down the road we … Continue reading
Posted in Case Management, Court Rules, CPR, Data privacy, Discovery, Document Retention, E-Discovery Suppliers, Early Case Assessment, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, FRCP, LegalTech, Litigation, Litigation costs, Litigation Readiness, Litigation Support
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Identify early and co-operate in 2009
As I sign off for Christmas, I would like to thank all those who have sponsored, supported or in any other way encouraged the e-Disclosure Information Project in 2008 and wish you all a Merry Christmas and a Happy New … Continue reading
Mancia: interest in US being interested in them
A growing theme on this site which will get more important in 2009 is that electronic discovery in the US is getting to be of more interest to us in the UK. This is not because the English courts are … Continue reading
Mancia – US discovery lessons for UK lawyers
Many UK lawyers and judges affect disdain for the American way of litigating and, in particular, for the way US lawyers handle electronic documents. The UK lawyers’ perception that e-disclosure is all very expensive not only confuses cause and effect … Continue reading
Getting expert search evidence in front of the court
Yet another important new UK case on electronic disclosure, Abela v Hammonds, reaches me whilst I am listening to a US webinar about searching. The theme of both is knowledge, understanding and expertise – and co-operation to arrive at a … Continue reading
Webinar: Benchmarking E-Discovery Methods
The webinar anticipated in this post has now taken place. My report on it, and its fortuitous coincidence with a new UK case, can be found in my post Getting expert evidence in front of the court which also includes … Continue reading
Reviewing the Commercial Court Recommendations
The risk that contentious work might shift to arbitration or to other jurisdictions such as Germany is reason enough for us to fight to keep it here. The Commercial Court Long Trials Recommendations may have had too wide a focus. … Continue reading
Ignorance of mainstream technology may cost you
Internet telephony, like litigation technology, is now accessible and affordable. Ignoring VOIP merely passes up the chance to cut your telephone bill. Ignoring litigation technology may cost you rather more. The problems, and the solutions, are the same everywhere A … Continue reading
Case law at last on scope of reasonable search
We at last have a reported case on the scope of a reasonable search for electronic documents and on the duty of parties to co-operate. You do not need case law to validate a clear rule, but Digicel (St Lucia) … Continue reading
Take the best and discard the worst from US litigation
The Vikings brought with them some habits which were deplored by their hosts, but they also brought technology which we turned to our advantage. We do not much like some of the practices in US civil courts, but we can … Continue reading
Masters Conference in Washington
Details are coming in of the Masters Conference taking place in Washington on 16 and 17 October. This year’s title is Viewing E-Discovery Through the Corporate Veil – see the Masters Conference web site for more details. The focus is … Continue reading
Understanding transparent search for UK litigation
The US courts are laying increasing stress on the technology and the methodology used to find documents relevant to a case. Even US lawyers are pulling the blanket over their heads at the implications of this, and UK lawyers will … Continue reading
Some conclusions from Socha-Gelbmann
As the dust settles on the 2008 Socha-Gelbmann Survey, it is perhaps useful to pick out a couple of the conclusions which particularly affect UK corporations, law firms and suppliers. As I have reported elsewhere (Project sponsors ranked by Socha-Gelbmann) … Continue reading
Waltzing off to Australia
I have for some time been mentioning Australia as the jurisdiction to watch for developments in court rules and procedures relating to case management and, in particular, the handling of electronic documents. They warrant a closer look on my part, … Continue reading
Catching up will have to wait
I had hoped by now to have written up the talks which HHJ Simon Brown QC and I gave to two groups of judges in the last two weeks, but time is against me and a short summary will have … Continue reading
A US view on UK electronic disclosure
Although the conferences referred to here were both in London, they were not specifically about electronic disclosure in the UK. There was plenty, though, to interest those on both sides of the Atlantic, not least the possibility that part of … 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
Whose discovery rules would you rather break?
Damned if you do, damned if you don’t is the dilemma which faces many who are responsible for document production simultaneously in more than one jurisdiction. The subject was covered in some of the sessions at IQPC’s Information Retention and … 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
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
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
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
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
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
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
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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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
Predicting the end of e-Discovery?
At first sight, a ruling made in Delaware last week appears to predict the end of e-Discovery. A closer reading reveals a terminological confusion and the common-sense conclusion that clients will find a different way of resolving their disputes if … Continue reading
Posted in Court Rules, Courts, Discovery, eDisclosure, eDiscovery, FRCP, Litigation Support
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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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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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eDisclosure Information Project 