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Recent Posts
- Pitching it just right at Relativity Fest London
- Relativity expands its Justice for Change program to EMEA and its philanthropic initiatives with Microsoft
- The conflict between eDiscovery and GDPR – Norra Stockholm Bygg AB
- 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
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Category Archives: Court Rules
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
Basketball pointers for litigation management
eDiscovery Tools is an Australian company which makes software for processing e-mail and other electronic documents for litigation and similar purposes. Its main product is eDiscovery Processor, used by law firms, corporate clients, government departments and litigation support bureaux to … 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
Predicting litigation responsibility for 2008
The big changes in litigation for 2008 both concern responsibility – the authority and knowledge of the person who gives the Disclosure Statement and the direct responsibility at boardroom level for the time and cost of heavy litigation. Both represent … Continue reading
Posted in Court Rules, Courts, Discovery, eDisclosure, eDiscovery, Litigation Support
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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
US court rejects production of paper documents
The US Electronic Discovery Blog carries a story under the heading Court rejects paper production as inadequate and orders production in electronic format. The court had suggested that “whatever is electronically available.. be made available in electronic format”. The Defendants … Continue reading
Posted in Court Rules, Courts, Discovery, eDisclosure, eDiscovery, Litigation Support
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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
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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E-Disclosure, Needles and Haystacks 3 – Keywords
This is the third article which looks at issues raised by Alex Charlton and Matthew Lavy in an article in the April / May 2007 edition of the SCL’s Computers & Law Magazine. The opening article is here. This section … Continue reading
Posted in Court Rules, Courts, Discovery, eDisclosure, eDiscovery, H5, 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 