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- 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: Document Retention
Relativity Fest panel – legal and technical perspectives on data privacy and data protection
Panel discussions about international discovery, privacy, and data protection serve as a good way of encapsulating the issues of the moment in a short space. Having a range of speakers and a short time-frame forces a focus on those things … Continue reading
Interview with SullivanStrickler: Unstructured data – tape, vaulting, privacy and discovery
This is the first part of an extended interview which I did with Brendan Sullivan, CEO of archiving specialist SullivanStrickler and Fred Moore, President of Horison Information Strategies, Inc. SullivanStrickler’s tagline is “Providing access to the world’s legacy data”. Over the … Continue reading
Posted in Defensible deletion, Discovery, Document Retention, eDiscovery, SullivanStrickler
Tagged Brendan Sullivan
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Information Governance – what it is and why we need it
ZyLAB and the Information Governance Initiative join forces to spread some light about Information Governance in an on-demand webinar. The Information Governance Initiative is a cross-disciplinary think-tank and consortium dedicated to advancing information governance practices and technologies. It is supported by many … Continue reading
IQPC 2011 Information Retention and eDiscovery Exchange Survey
I wrote approvingly of IQPC’s Information Retention and eDiscovery Exchange which took place in Munich towards the end of 2010. I have been involved in some of the discussions about the 2011 equivalent, which will take place at the Kempinski … Continue reading
Posted in Discovery, Document Retention, eDisclosure, eDiscovery, IQPC, IQPC Exchange
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The Bribery Act – time to review Information Management
In the short gap between IQPC in London and CEIC in Orlando, I was invited to join a panel at Pinsent Masons on the Bribery Act, one of a series organised by Barry Vitou of Pinsents and thebriberyact.com. You will … Continue reading
Missing my Dragon
Jonathan Maas of Ernst & Young says that I missed a trick in my account of the laptop which died en route to Las Vegas and which I had to replace and set up in order to do a webinar … Continue reading
Women in eDiscovery at IQPC on 18 May
It is not too late to sign up for the women in e-Discovery session at IQPC’s Information Retention and e-Disclosure Summit on Wednesday 18 May. The conference itself runs from Monday 17 May and the Women in eDiscovery session takes … Continue reading
Listening to myself talking about e-Disclosure for the IQPC Information Retention and E-Disclosure Summit
I have been listening to a podcast which I made recently for IQPC as part of the run-up to their Information Retention & E-Disclosure Management Summit in London on 17-19 May 2010. It can be accessed from the Summit’s home … Continue reading
Recommind research shows UK companies not ready for e-Disclosure
I spent much of today digging out quotations from judgments whose theme was inexcusable e-Disclosure failures, which I need for a paper which I am writing. We have had a run of cases in the UK where significant costs have … Continue reading
Welcome to Recommind as a sponsor of the e-Disclosure Information Project
It is very good to be able to extend a warm welcome to Recommind as a new sponsor of the e-Disclosure Information Project. As the focus for e-Discovery / e-Disclosure turns increasingly on to the way companies collect and manage … Continue reading
Capturing web pages with iCyte now for the Enterprise
The latest addition to my collection of tools for gathering and storing information is a product called iCyte. I cannot improve on the maker’s own description as follows: iCyte is a browser add-on and web service that lets users save … Continue reading
Craig Ball on Ed Balls’ Ofsted Balls-Up
My apologies to those of delicate sensibilities who might take this amiss. It is, I accept, insensitive of me to do this to you at the beginning of an article. There is no choice, I am afraid – I must … Continue reading
Letter in the Times about destruction of ESI
Amongst my predictions for 2010, published on the website of the Society for Computers & Law on 21 December, was this one: Another side-effect of the Earles judgment will be a debate as to what the law of preservation and … Continue reading
Times E-Disclosure article leads with Baby P photocopier excuse
The article on E-Disclosure in today’s Times E-disclosure: how good is your filing system? by Grania Langdon-Down leads with the extraordinary “lost in the photocopier” excuse given by Ofsted as they gave late disclosure of 2,000 pages of documents in … Continue reading
Gartner points to non-US E-Discovery market growth
Gartner predicts an eDiscovery software market worth $1.2 billion in 2010. More than 10% of that will be outside the US. Software suppliers may be ready to run with this, but where are the skilled people? Gartner’s report of 16 … Continue reading
IQPC New York – minimizing risks, costs and challenges
Minimizing risks, costs and challenges is the title of the IQPC eDiscovery conference taking place in New York from 7 to 9 December 2009. I will not be there, but the agenda offers more opportunities than its title suggests. I … Continue reading
Planning the IQPC E-Disclosure Conference for London in May 2010
Planning is in hand for IQPC’s May 2010 E-Disclosure conference. Good conferences like this provide elements which other forms of information delivery lack, not least the opportunity to interact with those whose data we write and talk about. Having got … Continue reading
KPMG survey: Is the legal department ready?
Read KPMG’s new survey on corporate readiness for litigation and then read the judgment in Earles v Barclays Bank. You may spot a connection. KPMG have published the results of the survey which Alex Dunstan-Lee previewed for us at IQPC’s … Continue reading
Welcome to Stratify as new Project sponsor
I am very pleased to welcome electronic discovery software company Stratify as a sponsor of the e-Disclosure Information Project. Their addition to the list of sponsors coincides with the opening of their London office and data centre, as well as … Continue reading
FTI webinar: financial, transactional and operational databases in e-disclosure
FTI Consulting are presenting a webinar on structured data on Thursday 19 November at 1300 GMT. The subject is perceived by some as too difficult to talk about, but it cannot be ignored. Elephants have provided a recurring theme throughout … Continue reading
Where does a wise man hide a leaf?
What connects Father Brown’s deduction that a trusted old soldier had been a villain with Autonomy’s tracing of Jérôme Kerviel’s activities at Société Générale? Both stories involved not just hiding leaves in forests but making a forest in which to … Continue reading
Earles v Barclays Bank reported in the Times
Earles v Barclays Bank was reported in The Times today with the heading Disclosing electronic data. I have already written about this (see Costs penalty for non-compliance with e-disclosure obligations). It is significant at several levels: unlike Digicel it is … Continue reading
Clearing the decks before going to Brussels
I do not pretend that this job is hard work in the way that trying to reach a sales target or managing a large project is hard work. It is far too enjoyable for that. It would, however, be good … Continue reading
Posted in Brussels, Data privacy, Data Protection, Discovery, DocuMatrix, Document Retention, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Epiq Systems, EU, Guidance Software, IQPC, KPMG, Litigation Readiness, Litigation Support, Recommind, Regulatory investigation
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More than one reason for new FTI Paris presence
It is interesting to find FTI Consulting, Inc. opening a new forensic and litigation consulting practice in Paris. There is more to this, I suspect, than the economic truism that, for those who can afford it, recession is the best … Continue reading
Recruiting one’s strength for post-recession litigation support
The Litigation Support Peer Group had a session at ILTA09 called The Future of Our Litigation Support Profession: What Lies Ahead? These are the people who actually do the work, so their reports and their views are worth having. They, … Continue reading
Judge Facciola on US and UK judicial discovery education
US Magistrate Judge John Facciola has recorded a podcast interview with Sarah Haynes of IQPC. This follows a very successful judicial panel which Guidance Software organised at IQPC’s e-disclosure conference in London in May (see The discovery of disclosure commonality … Continue reading
Equivio appeal to corporate IT
Back in March, I wrote about an interview which I had conducted with Warwick Sharp, Vice President of Marketing and Business Development at Equivio (see Podcast summarisises Equivio benefits). A transcript of the interview was first published in Enterprise Technology … Continue reading
Sedona Conference dialogue on cross-border discovery in Barcelona
As I have noted elsewhere, I had my own cross-border problems in getting to the Sedona Conference International Programme on Cross-Border eDiscovery, eDisclosure and Data Privacy Conflicts in Barcelona on 10-11 June. I was chairing an edisclosure conference in London … Continue reading
Recommind recommends recognising risks of e-disclosure unreadiness
I do not take a great deal of notice of press releases. If they are interesting, everyone else will gamely recycle their contents, and who wants to be like everyone else? If they are not…. you don’t need me to … Continue reading
Everything and everyone at the IQPC Information Retention and E-Discovery Management Conference
I reached IQPC’s Information Retention and E-Discovery Management Conference 2009 just as the first speaker stood up on Wednesday morning, feeling rather like Phileas Fogg as he burst into the Reform Club with seconds to spare. Although I had not … Continue reading
Ark Group Conference 8-9 June 2009
The brochure came out today for Ark Group’s e-Disclosure conference taking place in the Ibis Hotel, Earls Court, London on 8-9 June. The main attraction is Lord Justice Jackson who will be presenting a review of the litigation costs working … Continue reading
Posted in Access to Justice, Case Management, Commercial Court, Court Rules, Courts, CPR, Document Retention, eDisclosure, eDisclosure Conferences, Electronic disclosure, Litigation, Litigation costs, Litigation Support, Lord Justice Jackson, Mediation and ADR, Mercantile Courts, Part 31 CPR
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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
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
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
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
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
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
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
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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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
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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
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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
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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
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
Birmingham Law Society e-disclosure seminar
A collections expert, a data archive specialist, a commercial barrister and a judge took a Birmingham audience – the second audience there in three weeks – through the stages of data handling, from organising it on the clients’ server, through … Continue reading
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
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
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
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
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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
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Betting on certainties in the information war
The odds on gaining improved information management from the recession are better than those on offer for Peter Mandelson’s resignation before the next election. The war to tame the information needed for litigation and regulation, like other wars, will breed … Continue reading
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
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
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
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
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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
A big culling exercise on holiday
After a while at this game, one begins to see parallels with the EDRM stages in areas of life which have nothing to do with documents. I am just back from a week in a remote cottage in Cornwall whose … Continue reading
Thinking straight(away) on e-disclosure collections
Conventional wisdom has it that a forensic collection of electronic data is necessary only where fraud is suspected or imminent destruction is feared. Equally unthinking, to my eye, is the opposite assumption, that a full disk image must be taken … Continue reading
Where were the lawyers at IQPC?
The potential audience for these musing ranges from large London firms with Terabytes of data for review down to much smaller firms with modest volumes and budgets to match. A report of a two-day, high-end conference in London will resonate … Continue reading
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
Limitations on document retention
There are certain apparent truisms which fall from the mouths of some of those involved in disclosure / discovery / document retention which it seems pointless to correct. They are not wrong, exactly, or are at least founded in something … Continue reading
E-disclosure conferences and seminars 2008
I have updated on my web site the list of conferences, seminars and similar events known to me for 2008, with hyperlinks to the programmes where they are available. I have left up the programmes for the past events, since … Continue reading
Posted in Australian courts, Case Management, Commercial Court, Court Rules, Courts, CPR, Discovery, Document Retention, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, ILTA, ILTA Insight, IQPC, Law Society, Litigation Readiness, Litigation Support, The Lawyer
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E-Disclosure conferences in London 2008
There are several e-Disclosure conferences in London this year, including a couple which have not been seen in this space for a bit. Conference organisers have a keen eye for what is topical and have obviously decided that 2008 is … Continue reading
The Qualcomm CREDO Program
The judge who heard the sanctions part of the Qualcomm case set out a program for devising an action plan to prevent future disclosure violations. UK companies may like to measure their own preparedness against it. On 30 January I … 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
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
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
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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Electronic evidence and e-discovery forum 2007
The skills and tools developed for urgent regulatory compliance and forensic analysis have benefits for cost-effective electronic Disclosure in litigation. I am just back from the Electronic Evidence and e-Discovery forum run by AKJ Associates, a two-day conference at which … Continue reading
US courts’ hard line on Discovery failures
The US courts are coming down heavily on inadequate Discovery of e-mail and other electronic sources of information, and accepting few excuses for non-compliance with the Rules. Events in a far away country of which we know little (as Chamberlain … Continue reading
The Part 31 CPR obligation to discuss ESI
What were almost side-issues in Malletier v Dooney & Bourke, Inc are worth noting when considering the UK Part 31 CPR obligation to discuss ESI issues I have a double interest at the moment in the scope of the English … 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
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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Document Retention
I have posted a new series of articles on my web site at http://www.chrisdalelawyersupport.co.uk. Called The Pyramid of Preparedness, the articles look at three tiers of action which a business ought to consider, either as a potential risk – a … Continue reading
The e-Discovery of Document Retention
The IQPC Conference on Information Retention and E-Disclosure Management, London 22 and 23 May 2007 A load of self-imposed rules and habits were cast aside this week. I usually sit at my desk until the early hours, and dawn is … Continue reading
eDisclosure Information Project 