Category Archives: Discovery

Dropping in to Oxford, dropping out to Paris

The printed description of a software application’s capabilities is no substitute for interaction with the people who are selling it, just as the bare record of historical narrative without people does little to bring a subject alive. People buy from … Continue reading

Posted in CY4OR, Discovery, eDiscovery, Electronic disclosure, Forensic data collections, Litigation, Litigation Support, Web Sites and Blogs | Leave a comment

Anacomp gets unqualified SAS 70 Type II security certification

Anacomp, which owns the litigation review platform CaseLogistix, has received a full unqualified SAS Type II certification for its hosting and operations centre at Herndon, Virginia. SAS 70 is an auditing standard established by the American Institute of Certified Public … Continue reading

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

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

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

Not going to Canada for the second time this month

As you may recall, I was not able to go to a meeting in Toronto at the beginning of April, when Senior Master Whitaker and I had hoped to see Justice Campbell and others to talk about common ground between … Continue reading

Posted in Australian courts, Case Management, Civil justice, Court Rules, Courts, Discovery, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, EU Safe Harbor, Legal Technology, Litigation Support | Leave a comment

Confounding the expectations of a cynical audience

Susan Boyle, the unlikely-looking star of Britain’s Got Talent, reminds us that first impressions may mislead. You do not know how good something can be unless you see – or, in this case, hear – it. Your cynicism as to … Continue reading

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

Welcome to FTI Technology as a sponsor of the e-Disclosure Information Project

It is very good to welcome FTI Technology as a sponsor of the e-Disclosure Information Project. FTI Technology is a segment of FTI Consulting, Inc., a global business advisory firm, and brings immense resources to bear on the acquisitions and … Continue reading

Posted in Australian courts, Courts, Discovery, E-Discovery Suppliers, Early Case Assessment, eDisclosure, eDiscovery, Electronic disclosure, Ernst & Young, Litigation Support, Regulatory investigation | Leave a comment

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 | Leave a comment

Zander sees his Woolf CPR predictions justified

Michael Zander QC, now Emeritus Professor at the LSE, was a forthright and eloquent critic of the Woolf reforms which led to the Civil Procedure Rules in 1999. Few took much notice of his predictions, least of all Lord Woolf. … Continue reading

Posted in Access to Justice, Case Management, Civil justice, Court Rules, CPR, Discovery, Early Case Assessment, eDisclosure, eDiscovery, Electronic disclosure, Judges, Litigation, Litigation costs, Litigation Support, Mediation and ADR, Part 31 CPR | Leave a comment

Podcast summarises Equivio benefits

I recorded a podcast last week with Warwick Sharp, Vice President of Marketing and Business Development at Equivio. It is available from Equivio’s home page. I know there is no great technology involved in podcasts, and I might be expected … Continue reading

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

Autonomy finalises Interwoven acquisition

An overnight press release confirms that Autonomy’s acquisition of Interwoven has been finalised. It has been understandably difficult to get any useful comment out of either of them (I have tried) whilst the transaction was awaiting the formal approvals necessary … Continue reading

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

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

Posted in Case Management, CaseLogistix, Commercial Court, Court Rules, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Forensic data collections, FRCP, Guidance Software, Litigation costs, Litigation Support | Leave a comment

How TREC can help you evaluate e-discovery investments

H5 and Clearwell Systems are giving a webinar on 19 March about TREC Legal Track’s practical application in evaluating and assessing search and review methods. Why should we in the UK pay attention? There is a danger in talking to … Continue reading

Posted in Clearwell, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, H5, Litigation, Litigation costs, Litigation Support | Leave a comment

Guidance Software Q4 results – a guide to the wider market?

Guidance Software, Inc., which is amongst the sponsors of the e-Disclosure Information Project, has posted Q4 2008 results which are its best quarter’s results in its history, with revenue of $25.2 million. CEO Victor Limongelli was on bullish form in … Continue reading

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

As the sun sinks slowly in the West we say farewell to LegalTech – or do we?

You are all too young to remember the clichéd ending to those American travel documentaries which always ended with the sun sinking slowly in the West. So am I, despite being old enough to remember telexes and carbon paper as … Continue reading

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

Autonomy panel at LegalTech points to proactive clients – and lawyers

Panel sessions at LegalTech and other conferences combine the best of all worlds so far as I am concerned. The burden is distributed – the moderator has to have a plan and the ability to herd the speakers through it, … Continue reading

Posted in Discovery, Document Retention, E-Discovery Suppliers, Early Case Assessment, eDisclosure, eDisclosure Conferences, eDiscovery, EDRM, Electronic disclosure, LegalTech, Litigation, Litigation costs, Litigation Readiness, Litigation Support, Regulatory investigation | Leave a comment

Trilantic panel explores international e-Discovery initiatives at LegalTech

Not much changes at LegalTech from year to year. Sure, the trends come and go – “the move to the left”, Twitter, and “Please look at my CV” being this year’s big things – but for the most part, the … Continue reading

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

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

Posted in Andrew Haslam, Attenex, Case Management, Court Rules, Courts, CPR, Discovery, Document Retention, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Ernst & Young, FRCP, LegalTech, Litigation Readiness | Leave a comment

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 | Leave a comment

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

Posted in Court Rules, Courts, CPR, Discovery, Document Retention, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Forensic data collections, FRCP, Guidance Software, Litigation, Regulatory investigation | Leave a comment

Parallel views from across the Atlantic

The respected e-discovery commentator Tom O’Connor has published his initial report on LegalTech on his blog, with the title The Big Takeaway from LegalTech New York. His patch in the US e-discovery scene roughly parallels mine in the UK. We … Continue reading

Posted in CaseLogistix, Civil justice, Discovery, Document Retention, E-Discovery Suppliers, eDisclosure, LegalTech | Leave a comment

Kazeon to host judicial e-discovery webinar

I have yet to write up the tremendous speech made by US Magistrate Judge John Facciola at LegalTech in New York last week. My excuse, if such be needed, is that it contained so much of importance to anyone practising … Continue reading

Posted in Case Management, Discovery, Document Retention, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, EDRM, Electronic disclosure, LegalTech, Litigation Readiness, Litigation Support | Leave a comment

Hanzo Archives show web archiving at LegalTech

So, you have got your mind round this “move to the left” bit they were all talking about at LegalTech and you are clear about the importance of information management, the first stage of the EDRM diagram as a start-point … Continue reading

Posted in Discovery, Document Retention, eDisclosure, eDisclosure Conferences, eDiscovery, EDRM, Electronic disclosure, LegalTech, Litigation Readiness, Regulatory investigation, Web Sites and Blogs | Leave a comment

How safe is safe harbor?

I spoke on safe harbor on a panel at LegalTech sponsored and led by LDSI. Does it give as much protection as its proponents aver? Why is Europe so concerned about data privacy anyway? It is a beguiling expression, safe … Continue reading

Posted in Brussels, Data privacy, Data Protection, Discovery, Document Retention, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, EU, EU Safe Harbor, LegalTech | Leave a comment

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 | Leave a comment

Discovery Practice Note issued in Australia

The Chief Justice of the Federal Court of Australia yesterday gave effect to the long-awaited Practice Note No 17 – The use of technology in the management of discovery and the conduct of litigation. Those of us involved in drafting … Continue reading

Posted in Australian courts, Case Management, Court Rules, Courts, Discovery, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, LegalTech, Litigation, Litigation costs, Litigation Support | Leave a comment

Welcome to Equivio as new Project sponsor

I am delighted to welcome Equivio as a new sponsor of the e-Disclosure Information Project. As I wrote in November (see New integration and new web site for Equivio) I met CEO Amir Milo at the Masters Conference in Washington. … Continue reading

Posted in CaseLogistix, Discovery, DocuMatrix, Document Retention, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Epiq Systems, Equivio, KCura, LegalTech, Litigation, Litigation costs, Litigation Readiness, Litigation Support, Masters Conference | Leave a comment

OutIndex releases E-Discovery engine

OutIndex, the electronic discovery software company has added another string to its bow with the release of three Microsoft .NET components to allow others to build their own e-discovery applications. Between them, the three components provide the tools for extracting … Continue reading

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

Jackson sets out some litigation costs issues

A thoughtful article by Simon Davis and Simon James of Clifford Chance has appeared on the Lexology site. A purist might quibble about its title – Jackson’s dilemma – or how to cut the cost of litigation – on the … Continue reading

Posted in Access to Justice, Case Management, Civil justice, Court Rules, Courts, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Litigation costs, Litigation Support, Lord Justice Jackson | Leave a comment

Plenty to write about but no time to write

I had a patch recently when I had no time to write for a few days. Someone sent me a message, not exactly complaining, but making it clear that my apparent dereliction of duty had been noticed. It is not … Continue reading

Posted in Case Management, Civil justice, Court Rules, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Law Society, LegalTech, Litigation, Litigation costs, Millnet | Leave a comment

Autonomy to buy Interwoven

I am not much into instant journalism, but it is nevertheless good to be able to report on the big stories as they happen. Just my luck, then, to be stuck on a train with a day full of back-to-back … Continue reading

Posted in Discovery, E-Discovery Suppliers, Early Case Assessment, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Litigation Support, Regulatory investigation | Leave a comment

Fannie Mae – be careful what you agree to with e-discovery orders

The American Fannie Mae case shows what can happen if a lawyer unskilled in electronic disclosure agrees to something which is beyond his skills and knowledge. UK judges may baulk at questioning an advocate’s expertise, but they have an absolute … Continue reading

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

Go to LegalTech 2009 in New York

Last year, I wrote articles after each of LegalTech in New York and ILTA in Dallas, lamenting the fact that almost no UK law firms were represented at the two most informative events on the subject of e-Discovery / e-Disclosure. … Continue reading

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

Welcome to LDSI as sponsor

You will have noticed a new logo on these pages as LDSI joins the list of sponsors of the e-Disclosure Information Project. LDSI is a full-service provider of a wide range of solutions for handling documents for litigation, regulatory and … Continue reading

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

Epiq opens in Brussels

Epiq Systems, Inc. have opened an office in Brussels to provide support for clients involved in pan-European and global litigation and regulatory investigations. Epiq is best known for its DocuMatrix review platform and for corporate insolvency, as well as for … Continue reading

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

Autonomy CEO named Entrepreneur of the Year

Mike Lynch, CEO of Autonomy, has been named Entrepreneur of the Year by the UK’s Management Today in its Top 100 Entrepreneurs 2009 list. The ranking takes account of a wide range of historic and projected factors – not just … Continue reading

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

SCL Summary of Digicel v Cable & Wireless

I have written much about the Digicel case Digicel (St. Lucia) Ltd v Cable & Wireless Plc [2008] EWHC 2522 (Ch) but delayed writing a summary of the actual judgment because I knew that barrister Clive Freedman was doing so. … Continue reading

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

Why is electronic disclosure like ice-hockey?

Like ice-hockey, e-disclosure requires some equipment and some skills. You don’t need to be a genius, merely competent, and you can delegate the technical skills to others. You are on thin ice if you approach litigation in 2009 without the … Continue reading

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

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

Posted in Australian courts, Case Management, Civil justice, Commercial Court, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, Early Case Assessment, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, FRCP, Litigation, Litigation costs | Leave a comment

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

Posted in Australian courts, Case Management, Civil justice, Court Rules, Courts, CPR, Discovery, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, FRCP, Judges, LegalTech, Litigation, Litigation costs | Leave a comment

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

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

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

Posted in Case Management, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, FRCP, H5, Judges, Litigation, Litigation costs, Litigation Support | Leave a comment

Is Hedrich more important than Digicel for e-disclosure?

A cigarette packet carries the warning that smoking can kill you. Solicitors’ standard terms of business should carry a warning that litigation can cost you. For litigation is an inherently risky business: there are no certain winners; and very often … Continue reading

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

An Epiq Christmas Party

Christmas parties are a bit thin on the ground this year. To judge by the many reports in the business press of party cancellations, doing without them seems either to be a sign that the petty cash box is empty … Continue reading

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

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

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

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

Posted in Australian courts, Case Management, Civil justice, Commercial Court, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, FRCP, Judges, Litigation, Litigation costs, Litigation Support, Outsourcing, Part 31 CPR | Leave a comment

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

Posted in Australian courts, Case Management, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, FRCP, Legal Technology, Litigation, Litigation costs, Litigation Support, Part 31 CPR | Leave a comment

E-Disclosure Information Project first birthday

November marks the first anniversary of what became the E-Disclosure Information Project. It did not have that name when I ran a half-day training session for judges in Birmingham last November but it was effectively launched with that event. This … Continue reading

Posted in CaseLogistix, CaseMap, Civil justice, Court Rules, Courts, CPR, Discovery, DocuMatrix, Document Retention, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Epiq Systems, Ernst & Young, Forensic data collections, FoxData, Guidance Software, ILTA, Legal Technology, LegalTech, LexisNexis, Litigation, Litigation costs, Masters Conference, Part 31 CPR, SEO, Trilantic, Web Sites and Blogs | Leave a comment

Getting new recruits into electronic disclosure

Despite having apparently been misunderstood when speaking about the subject, I remain enthusiastic to encourage more people, and especially women, into electronic disclosure. Recession may be a good time to gain experience in a new and growing area. You know … Continue reading

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

What exactly is it that you do?

A career devoted to court rules and electronic documents is not an instant turn-on for dinner party conversation. The subjects are, however, important ones for businesses beyond those which actually work in litigation, and the rate of change is increasing … Continue reading

Posted in Case Management, Court Rules, Courts, CPR, Discovery, Document Retention, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Judges, Legal Technology, Litigation, Litigation costs, Litigation Readiness, Litigation Support, Millnet | Leave a comment

Autonomy Early Case Assessment at the Ritz

Most of my speaking engagements are of the nuts-and-bolts, cradle-to-grave variety where I speak for a couple of hours about the issues raised by electronic documents and about how proper use of the Civil Procedure Rules, coupled with an understanding … Continue reading

Posted in Case Management, Court Rules, Courts, CPR, Discovery, Document Retention, E-Discovery Suppliers, eDisclosure, eDiscovery, EDRM, Electronic disclosure, Litigation, Litigation costs, Litigation Readiness, Litigation Support, Part 31 CPR | Leave a comment

Electronic Disclosure: Meeting the Challenge

This was the title of a seminar presented by the Society of Computers & Law on 20 October when our hosts were Barlow Lyde & Gilbert. The Chairman was barrister Clive Freedman and the speakers were Janet Lambert, a partner … Continue reading

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

New integration and new web site for Equivio

Equivio has reached the enviable position of being synonymous with de-duplication and data redundancy. It is not that no-one else does it, but Equivio specialises in it and has moved outwards from that specialist niche into the business functions which … Continue reading

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

Companies in dark over litigation costs

Companies in dark over litigation costs is the title of an article on the Financial Times web site today (login required). It tells of an Ipsos Mori survey commissioned by Addleshaw Goddard. The survey’s subject-matter was more specific than the … Continue reading

Posted in Discovery, Document Retention, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Litigation costs, Litigation Readiness | Leave a comment

Judgment in Digicel (St Lucia) v Cable & Wireless

I wrote about this case on the basis of a short summary of the judgment – see Case law at last on scope of reasonable search. In summary, I described it as important not because it made any new law … Continue reading

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

How to build and validate effective keyword filters

The use of keywords to cut through large volumes of data is a vital skill. A webcast next week focuses on how time and costs can be saved by the effective use of keywords. If I had a couple of … Continue reading

Posted in Discovery, E-Discovery Suppliers, eDisclosure, Electronic disclosure, Litigation Support, Part 31 CPR | Leave a comment

Catching up with CaseLogistix

Products and suppliers have taken a back seat in this blog whilst wider issues and travelling have taken most of my time. Anacomp’s CaseLogistix has been busy, with a new paper on the discovery of audio files. It has a … Continue reading

Posted in CaseLogistix, Court Rules, CPR, Discovery, Document Retention, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Litigation Readiness | Leave a comment

Guidance Software launches Real eDiscovery

Guidance Software has produced the first edition of a new quarterly magazine called Real eDiscovery. The costs and risks of compliance with the demands of litigation discovery and regulatory investigations were going up the corporate agenda even before the recession … Continue reading

Posted in Discovery, Document Retention, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Forensic data collections, Guidance Software, Litigation, Part 31 CPR | Leave a comment

Getting disclosure information out of SharePoint

I was interviewed last week by one of the big computer magazines about the ever more ubiquitous Sharepoint – Microsoft Office SharePoint Server (MOSS) to give it its full name. The context, unsurprisingly given my own area of practice, was … Continue reading

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

Lord Justice Jackson to head litigation costs review

The Master of the Rolls, Sir Anthony Clarke, has appointed Lord Justice Jackson to head a committee to review the costs of civil litigation. The appointment apparently follows a meeting between Sir Anthony Clarke and Bridget Prentice, Parliamentary Under Secretary … Continue reading

Posted in Case Management, Civil justice, Commercial Court, Court Rules, Courts, CPR, Discovery, Document Retention, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Legal Technology, Litigation, Litigation Readiness, Litigation Support, Lord Justice Jackson, Ministry of Justice | Leave a comment

Speaking and listening in Australia

Sydney feels familiar from the moment you step off the plane. It is not just its culture, language and architecture which makes you feel at home – its law, its information management issues, the remedies available to judges and the … Continue reading

Posted in Australian courts, Case Management, CaseMap, Court Rules, Courts, CPR, Disclosure Statement, Discovery, Document Retention, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Epiq Systems, Guidance Software, KPMG, Kroll, LexisNexis, Litigation, Litigation Readiness, Litigation Support | Leave a comment

Birmingham barristers see e-disclosure applications

A seminar in Birmingham allowed an audience of lawyers to see some of the applications used to handle electronic disclosure topped and tailed by some explanation of the litigation context. It was not just a trade show but a visual … Continue reading

Posted in Case Management, CaseMap, Court Rules, Courts, CPR, Disclosure Statement, Discovery, DocuMatrix, E-Discovery Suppliers, eDisclosure, eDiscovery, EDRM, Electronic disclosure, Epiq Systems, FoxData, Judges, LexisNexis, Litigation, Litigation Readiness, Litigation Support, Part 31 CPR, Trilantic | Leave a comment

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

Posted in Case Management, Court Rules, Courts, CPR, Disclosure Statement, Discovery, eDisclosure, eDiscovery, Electronic disclosure, FRCP, Judges | Leave a comment

Going the extra mile to understand discovery

It takes roughly twice as long to travel from Sydney to London via Washington as it does to fly directly eastbound. I could have been home in Oxford in about half of the 30 or so hours of travelling time … Continue reading

Posted in Case Management, Court Rules, Courts, CPR, Discovery, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Masters Conference | Leave a comment

Leadership in litigation

This is a report of a speech given by US Magistrate Judge John Facciola at the Masters Conference in Washington on 17 October 2008. Its theme was leadership. Whatever view UK lawyers and judges may take about US litigation discovery, … Continue reading

Posted in Case Management, Courts, Discovery, Document Retention, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Litigation, Litigation Readiness, Masters Conference | Leave a comment

Discovery of Australian and US connections

The purpose of the e-Disclosure Information Project is to assimilate and disseminate information about electronic discovery / disclosure. As you may conclude from my silence on this site for a fortnight, I have been doing more assimilating and less dissemination … Continue reading

Posted in Court Rules, Courts, CPR, Discovery, eDisclosure, eDisclosure Conferences, eDiscovery, EDRM, Electronic disclosure, Litigation, Litigation Support, Part 31 CPR | Leave a comment

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

Posted in Attenex, Case Management, Clearwell, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Ernst & Young, FRCP, KCura, KPMG, Legal Technology, Litigation, Litigation Support, Part 31 CPR | Leave a comment

Another Trilantic anniversary

Corporate birthdays are generally of less significance than human ones, although Anacomp is rightly making much of the fact that it has been in data storage for 40 years. In general, this is a young industry, and few companies can … Continue reading

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

Anacomp partners with Hobs Legal Docs

I carried a story recently about Hobs Legal Docs which included a reference to a job which Hobs did in which 7Gb of client data was boiled down by them to a handful of documents for review. I have been … Continue reading

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

Legal Inc’s INClusive answer for routine matters

Although there is something slightly self-referential in quoting someone else who quotes you, I am pleased to see that something I wrote has been used to help make the the business case for electronic disclosure. Legal Inc have launched what … Continue reading

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

Ernst & Young Forensic Party

If Ernst & Young Forensic Technology and Discovery Services manage their clients’ work as thoroughly as they manage their party invitations – as I am sure they do – it seems unlikely that they miss much. My Inbox is full … Continue reading

Posted in Attenex, Discovery, Document Retention, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Ernst & Young, Litigation, Litigation Readiness, Litigation Support | Leave a comment

Attenex round every corner

Attenex is not the only provider of heavy-duty processing and analysis software for chewing through very large amounts of electronic data, but the name has become a kind of shorthand for that function. As Hoover is to vacuum cleaners, so … Continue reading

Posted in Attenex, Clearwell, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Ernst & Young, FTI Technology, KPMG, Legal Technology, Litigation Support | Leave a comment

Welcome to Interwoven Discovery Mining as sponsor

You will observe a new logo on the roster of sponsors who are supporting the e-Disclosure Information Project of which this blog is the outward and visible sign. I am very pleased to welcome Interwoven iscovery Mining on board. Recently … Continue reading

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

Smoking guns, haystacks and teeth

It is not often that I devote a whole article merely to the opening remarks of the chairman of a conference, but then it not often that one has a former Lord Chancellor in the chair. Lord Falconer’s speech at … Continue reading

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

Litigation Forum: Facing the Future

Legal Week’s Litigation Forum this week, sponsored by Ernst & Young, was rather different from the (many) others I have been to this year. They have been e-disclosure conferences with litigation practice and procedure as a context. This week’s event … Continue reading

Posted in Case Management, Court Rules, Courts, CPR, Discovery, eDisclosure, eDisclosure Conferences, eDiscovery, Ernst & Young, Litigation | Leave a comment

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

Posted in Court Rules, CPR, Discovery, Document Retention, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, FRCP, Litigation Support | Leave a comment

Practical Guidelines for e-Disclosure Management

Litigation solicitors in private practice and in-house lawyers would have done well to be at the Ark Group conference last week. Run over two days within spitting distance of the Tower, it had the title Adopting Practical Guidelines to e-Disclosure … Continue reading

Posted in Case Management, CaseLogistix, CaseMap, Court Rules, Courts, CPR, Data Protection, Discovery, DocuMatrix, Document Retention, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Forensic data collections, FoxData, Guidance Software, LexisNexis, Litigation Readiness, Litigation Support, Part 31 CPR | Leave a comment

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

Posted in Case Management, CaseLogistix, Clearwell, Court Rules, Courts, CPR, Disclosure Statement, Discovery, DocuMatrix, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, FRCP, Litigation Support | Leave a comment

e-Disclosure conference list updated

The next round of conferences begins on 10 and 11 September with Ark Group’s Adopting practical guidelines for E-Disclosure management at which I am again speaking with HHJ Simon Brown QC. Our subject is Preparing Judges to make effective e-Disclosure … Continue reading

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

LexisNexis release CaseMap 8

LexisNexis have released Version 8 of CaseMap, the application whose tagline “Case Analysis made easy” is amply justified by its functionality. LexisNexis are, of course, sponsors of my e-Disclosure Information Project, but I am on record as a CaseMap enthusiast … Continue reading

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

Hobs Legal Docs praise RingTail and IPro

London-based Hobs Legal Docs has strengthened its relationship with FTI Ringtail and now has five Ringtail Certified Services Technicians – apparently the largest headcount outside the US. Managing Director Terry Harrison is also enthusiastic about IPRO’s eCapture which Hobs uses … Continue reading

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

CaseLogistix improves native document handling

CaseLogistix, Anacomp‘s litigation document review platform, has announced new functionality to handle native documents and other changes. Anacomp are amongst the sponsors of the e-Disclosure Information Project. CaseLogistix has always had the ability to handle documents in their native format … Continue reading

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

Pay-per-use EnCase for in-house e-disclosure

A new pricing model announced by Guidance Software allows companies to use its EnCase® eDiscovery on a pay-per-use basis. Hitherto, EnCase® eDiscovery has been available to end-users only by outright purchase. The new structure gives them the option of paying … Continue reading

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

No UK law firms at ILTA 2008

After this February’s LegalTech in New York, I wrote a piece called Why no UK lawyers at LegalTech? in which I suggested that UK law firms – partners and/or their senior IT staff – would benefit enormously from a few … Continue reading

Posted in CaseLogistix, Discovery, DocuMatrix, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Epiq Systems, FTI Technology, Guidance Software, ILTA, KCura, KPMG, Kroll, Legal Technology, LexisNexis, Litigation Support, Recommind, Summation, Trilantic | Leave a comment

Signs of cultural differences

This has little to do with electronic discovery, but says a little about the cultural differences between the UK and the US, something which is relevant to those who sell in both jurisdictions. Visiting remote parish churches recently in rural … Continue reading

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

Foreign collections need more than big feet

You will have seen from other posts that I have been at the ILTA conference in Dallas this week. ILTA is the International Litigation Technology Association and its conference title was Global Perspective, Peer Advantage, a title conveying the theme … Continue reading

Posted in Data Protection, Discovery, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, EU Safe Harbor, ILTA, Litigation Support, Trilantic | Leave a comment

ILTA 2008 opens in Dallas

ILTA 2008 kicked off this evening with a big party at the conference venue, the Gaylord Texan in Grapevine, Dallas, Texas. If the conference itself yields anything as extraordinary as the venue, it will be some event. Why should this … Continue reading

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

Function and process at the airport

Litigation support involves more these days than a bit of law and some rules. You need an interest in functional design and in process and workflow. It is also a business where time and resources matter, and where much effort … Continue reading

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Similarities greater than the differences in Pasadena

Friday 22 August I am sitting by a hotel pool in Pasadena as I type this. The sun reflects off white buildings and blue water. Bronzed beauties recline a few feet away, and it hard to recall that I tried … Continue reading

Posted in Court Rules, Discovery, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Forensic data collections, Guidance Software, ILTA | Leave a comment

Off to Pasadena and ILTA

I am off tomorrow morning to Pasadena, coming back via Dallas where ILTA (the International Litigation Technology Association) is holding its big annual conference. The draw in Pasadena is Guidance Software who, as I wrote in a recent post, were … Continue reading

Posted in CaseLogistix, Discovery, DocuMatrix, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Guidance Software, ILTA, Legal Technology, LexisNexis, Litigation Support, Trilantic | Leave a comment

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

Posted in Case Management, Court Rules, CPR, Discovery, Document Retention, E-Discovery Suppliers, eDisclosure, eDiscovery, EDRM, Electronic disclosure, FRCP, Litigation Support | Leave a comment

Delivering knowledge by ear

I am always interested in seeking out different ways of delivering information about electronic disclosure – much of what I do in the e-Disclosure Information Project involves digging out news and comment, distilling what seems helpful, and pointing people towards … Continue reading

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

Distinguishing between training and education

We tend to use the words training and education in an arbitrary way, ignoring the practical and perhaps hands-on element implicit in the idea of training. Lord Krebs expressed the distinction rather nicely in a recent speech  in the House … Continue reading

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

Knock the knocking copy to expand the market

This is a matter of impression rather than analysis, but I reckon that running down your opponents plays less well in the UK than in the US and that this is true equally of selling things and of politics. Americans … Continue reading

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

The Aussie e-Discovery Dream Team

Renée Lee, International Marketing Director at Guidance Software, is leaving Guidance and will shortly be joining eDiscovery Tools. The e-Disclosure Information Project’s loss on one side is balanced by a gain on the other I had been two days in … Continue reading

Posted in Australian courts, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, eDiscovery Tools, Electronic disclosure, Guidance Software, Litigation Support | Leave a comment

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

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

Trilantic welcomed as Project sponsors

A warm welcome to Trilantic as the latest addition to the sponsors of the e-Disclosure Information Project. Trilantic is a legal support company focused on electronic Disclosure services, delivering a wide range of solutions to lawyers and others. The purpose … Continue reading

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

OutIndex supports child healthcare

Law firms have long been involved in pro bono work, applying their skills and their resources towards helping those who are not fortunate enough to be able to afford their services. I have not hitherto come across the same idea … Continue reading

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

Meeting people is right

Before you entrust your clients’ disclosure documents to a litigation support provider, it is worth getting to know a few, and that means real human contact, not just reading up about them. Meetings do not have to involve sitting round … Continue reading

Posted in Case Management, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, KCura, Legal Technology, Litigation Support, Part 31 CPR | Leave a comment

Autonomy hosts Legal Forum in Washington

I am just back from a Legal Forum hosted by Autonomy in Washington DC. Autonomy specialise in enterprise search and Meaning Based Computing. Their acquisition of ZANTAZ 12 months ago brought them into the e-mail archiving arena and expanded their … Continue reading

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