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- The conflict between eDiscovery and GDPR – Norra Stockholm Bygg AB
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- Revisiting useful old judgments: deleted messages and adverse inferences
- Ireland’s Legal Tech Conference 2022 on 29 November in Dublin
- AI and Data Management lead the story at Relativity Fest
- A full agenda at Relativity Fest from 26-28 October in Chicago and online
- Wrapping up two UK disclosure cases which caught the public eye
- Farewell to Charles Christian, who brought legal technology to lawyers
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- Relativity acquires Heretik for contract review and intelligence
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- A glut of disclosure stories just as I turn my back
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Category Archives: eDisclosure
Second Annual New Zealand eDiscovery Conference on 19 March 2014
New Zealand is quietly getting on with improvements to its civil procedure rules, supplementing its Discovery Rules of 2012 with a new Electronic Bundles Practice Note. Andrew King of eDiscovery Consulting in New Zealand has announced the date for the … Continue reading
Bringing the right tools and methods to the eDiscovery madness
There are, we know, still many lawyers using some rather basic tools to undertake eDiscovery exercises. Adam Rubinger of NightOwl Discovery, in an article called A Method to the Madness tells of organisations using spreadsheets and emails to collect and … Continue reading
What have the futurists ever done for us?
The agenda for ILTA INSIGHT in London on 14 November includes a full programme designed to appeal to legal practitioners in every area of practice. There is also a speech by legal and business futurist Rohit Talwar. What can we … Continue reading
Moving forward with eDiscovery in the Hong Kong civil courts – the Epiq Systems / ALB Round Table
I have reported briefly in earlier articles the round table which I moderated in Hong Kong on 13 September at which leading eDiscovery lawyers assembled at the invitation of Epiq Systems and Thomson Reuters’ Asian Legal Business to discuss the … Continue reading
ILTA brings Insight to legal technology in London on 14 November
I am an unabashed enthusiast for the International Legal Technology Association, ILTA, whose big US conference every year is one of the high points of my (over-full) conference calendar. It has three key elements which are critical to lawyers everywhere … Continue reading
Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, ILTA, ILTA Insight
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Raising your game – Casey Flaherty’s technology competency audit and Neota Logic
Although I am quite capable of sourcing and writing up my own original material, that is not always the practical nor the best service I can offer you. If someone else has written an interesting article, it makes more sense … Continue reading
Budgets, costs and sanctions in England and Wales – links to some good reporting
One cannot hope to keep up with everything which is going on in consequence of the Jackson reforms to civil procedure in England and Wales. They took effect on 1 April and we are seeing a move from judgments which … Continue reading
Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Jackson Reforms
Tagged Dominic Regan, Gordon Exall, Rachel Rothwell
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Barrister Damian Murphy sets up chambers dedicated to eDisclosure
Barrister Damian Murphy has resigned from Enterprise Chambers to set up his own Chambers, Indicium Chambers, focusing exclusively on electronic disclosure. There is a Lawyer article about this interesting development here. I am doing three events with Damian in the … Continue reading
Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure
Tagged Damian Murphy
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TeCSA to run eDisclosure in Practice day on 1 November
TeCSA, the Technology and Construction Solicitors Association, is organising a day’s training session on 1 November with the title eDisclosure in Practice. The flyer is here. The agenda aims to introduce the proposed new TCC eDisclosure Protocol and provide a legal … Continue reading
Posted in CPR, eDisclosure, eDiscovery, Electronic disclosure, TeCSA
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The Future of US-style Discovery from a UK perspective
I am giving three talks during my trip to the US next week. The first of them is at Cicayda’s RELEvent – the un-conference at Nashville and has the title The Future of US-style Discovery from a UK perspective. I … Continue reading
Posted in Court Rules, Discovery, eDisclosure, eDiscovery, Electronic disclosure
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Article from Mayer Brown JSM on eDiscovery developments in Singapore and Hong Kong
For those who missed it, I referred in a recent article to plans by the Hong Kong judiciary to bring forward a practice direction for the management of electronic information in civil proceedings, starting with the Commercial List. As I … Continue reading
Post-Jackson “Unless orders” – Guidance relevant to eDisclosure
I have referred elsewhere to the Civil Litigation Brief, a blog about procedure, limitation, Default and the Civil Procedure Rules by Gordon Exall, barrister, of Zenith Chambers in Leeds. Gordon Exall has just published an article called Have you complied … Continue reading
Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Jackson Reforms
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UK court orders disclosure against French party despite Blocking Statute
Those who have read my occasional fulminations about US courts ordering discovery in breach of French blocking statutes will recall that much of the argument turns on whether the French will actually enforce the statute by imposing penalties on those … Continue reading
A new chrisdaleoxford web site for eDisclosure and eDiscovery
What was supposed to be a proper switch-off holiday turned into Office-by-Sea. One of the results is the new blog / web site which we have been promising ourselves for some time, one of the few so-called “Summer projects” which … Continue reading
Hong Kong (again) with Epiq and pending events with iCONECT, Cicayda and kCura
I have just been back to Hong Kong, this time to moderate a panel of litigation lawyers brought together by Thomson Reuters’ Asian Legal Business and by Epiq Systems. Epiq’s Celeste Kemper was in the chair. Our agenda was cut … Continue reading
Society for Computers and Law seeks sponsor for 40th Anniversary dinner
It does not seem that long ago that I attended the 20th Anniversary dinner of the Society for Computers and Law. That shows how time slips by, because the 40th anniversary is looming. It is to be celebrated by a … Continue reading
Posted in eDisclosure, Electronic disclosure, SCL
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Welcome to Cicayda as new sponsor of the eDisclosure Information Project
The conventional view has been that there is no room for new players in the eDiscovery market, and that we are moving to a period of consolidation, in which there will be far fewer players. That conventional wisdom has been … Continue reading
Posted in Cicayda, Discovery, eDisclosure, eDiscovery, Electronic disclosure
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Harsh or just tough? Penalty for failure to comply with Jackson procedural obligations
When I first set up a web site devoted (as it was then) to UK civil procedure, and specifically the key discovery aspects of case management, I put out a general plea for anecdotal information about the outcomes of case … Continue reading
Posted in Civil justice, Court Rules, CPR, eDisclosure, Electronic disclosure, Jackson Reforms
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Who’s next? Outgun and outrun bigger firms by hiring eDiscovery skills
A case in the Alabama Admiralty Court reminds us that if you don’t know what you are talking about, it is a good idea to get help from someone who does. UK solicitors engage known barristers for this all the … Continue reading
Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure
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eDiscovery in New Zealand – the requirements of the Discovery checklist
As in the UK and other jurisdictions, civil litigation in New Zealand is increasingly focusing on agreement and cooperation, enforced if necessary, between the parties as to the scope and execution of eDiscovery. An article called Reinforcing the requirements of … Continue reading
Information Governance: the way the wind is blowing
eDiscovery for litigation is important, but is only a part of the value which lawyers and eDiscovery providers can bring to corporate clients. The skills and technology developed to meet eDiscovery challenges can be applied to wider issues, some of … Continue reading
Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, Recommind
Tagged Bill Tolson, Dean Gonsowski, Laura Kibbe
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Proactive use of technology-assisted review beyond litigation
Although the use of predictive coding / technology assisted review seems new to litigation lawyers, the concept behind it has been used for years and in a wide range of business applications. Reduced to its essentials, predictive coding takes a … Continue reading
Costs management – relief from sanctions under CPR 3.9
One of the things I had hoped to achieve before setting off to ILTA was a post pulling together what one knows of reports of relief from sanctions cases under Civil Procedure Rule 3.9 specifically relating to costs management and … Continue reading
Establishing a uniform basis for eDiscovery costs projections
The article to which I am about to refer you may be the most important eDiscovery article you read this year. It is by Casey Flaherty, Corporate Counsel at Kia Motors America, and is called E-Discovery Costs Prediction: It’s Time … Continue reading
Posted in Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure
Tagged Casey Flaherty, Marla Bergman
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ILTA and Rohit Talwar – a project to analyse technology disruption and change
ILTA is running a project on the impact of technology on legal practice, with the futurist Rohit Talwar. The results will be delivered at ILTA Insight 2013 in London in November. After the ILTA / ALM technology conference in Hong … Continue reading
Germany moves to restrict US data transfers as PRISM concerns grow
Buried deep in my article Cross-border discovery and privacy gaps widen thanks to PRISM and trolls was a reference to an article by Hunton & Williams called German DPAs Halt Data Transfer Approvals and Consider Suspending Transfers Based on Safe … Continue reading
Welcome to NightOwl Discovery as a sponsor of the eDisclosure Information Project
The more observant among you will have noticed a new logo on the list of those who sponsor the eDisclosure Information Project. It is a very real pleasure to me to add NightOwl Discovery to a list which includes most … Continue reading
Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure
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Catalyst for ideas at the ILTA Annual Conference in Las Vegas
ILTA is the International Legal Technology Association. Its 36th Annual Educational Conference “The Catalyst” takes place at Caesars Palace in Las Vegas between 18 and 22 August. Its website, comprehensive as always, covers everything you could need to know. [A … Continue reading
Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, ILTA
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Allowance for human error in approach to relief from sanctions under CPR Rule 3.9
The changes to the case management rules included as part of Lord Justice Jackson’s reforms included an express reference to compliance. One might think it unnecessary that rules should need to recite that they are to be obeyed, but the … Continue reading
Posted in Court Rules, CPR, eDisclosure, Electronic disclosure, Jackson Reforms
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Cross-border discovery and privacy gaps widen thanks to PRISM and trolls
The eDiscovery world was not gracious enough to take a break while I was travelling recently, and I come back to a mass of things to write about. Having cleared out the things with deadlines – webinar notices and the … Continue reading
Jackson update: some useful cases and commentary
It is hard to keep up with the flow of case reports and commentary coming out as courts and lawyers grapple with the implications of the Jackson civil procedure reforms which took effect in April. Here is a short selection, … Continue reading
Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure
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Being prepared to prepare for costs estimates and budgets in post-Jackson litigation
At first glance, it may seem that my headline is somewhat repetitious, but you read it aright. Many lawyers engaged in litigation in England and Wales are well prepared for whatever comes from the new rules, and find the obligation … Continue reading
Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation
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US and UK rule changes – an interview with US Magistrate Judge James Francis
The rules relating to case management and electronic disclosure have recently changed in my home jurisdiction, England and Wales. There are pending changes to the Federal Rules of Civil Procedure which similarly affect the role of judges and the approach … Continue reading
Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure
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Big Data, Cyber, Security, Intelligence, Analytics and eDiscovery at Guidance Software’s CEIC
If my article’s title looks like a general counsel’s master to-do list, that is no accident. The key topics at Guidance Software’s CEIC 2013 (Computer and Enterprise Investigations Conference) were exactly those which sit – or which should sit – … Continue reading
Supplement in The Times encourages legal efficiency
The recent Raconteur supplement to the Times was called Legal Efficiency 2013, and I was asked to contribute an article about the Jackson reforms. It was given the title Efficiency reform of legal process, reflecting my message that there is … Continue reading
Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, Recommind
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Predictive coding at DESI V, the Oracle-EDI Study and other TAR sources
The Fifth DESI Workshop on Standards for Using Predictive Coding, Machine Learning, and Other Advanced Search and Review Methods in E‐Discovery takes place in Rome on 14 June. The Oracle-EDI Study on Predictive Coding will be published at the EDI … Continue reading
Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Equivio
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Consilio team to take Tough Mudder challenge for Help for Heroes
There is something about wounded soldiers which incites people to do extraordinary things to raise money in their support. Soldiers face hard physical challenges just to do their job, and those who come home terribly wounded inspire ordinary people to … Continue reading
Posted in Consilio, Discovery, eDisclosure, eDiscovery, Electronic disclosure
Tagged Drew Macaulay, Michael Becker
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Speeding up police forensic investigations and reducing bail periods
AccessData has been working with the UK’s Royal Military Police Service Police Crime Bureau to speed up their forensic investigations. In addition to the obvious benefits in efficiency and reputation, there are pure cost gains. The UK government has recently … Continue reading
Nigel Murray cycles again for Help for Heroes
Nigel Murray, managing director of Huron Legal in London, has successfully completed yet another long bike ride across France in support of Help for Heroes. The H for H news page is here. Nigel said afterwards: To all my kind … Continue reading
Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Huron Legal
Tagged Nigel Murray
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Getting to know you: the importance of personal relationships in choosing eDisclosure providers
An eDiscovery software event in London gives me the excuse to revisit a point which I made when I first met kCura’s CEO Andrew Sieja, one which applies beyond any one provider and to the whole business of choosing eDisclosure … Continue reading
Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, KCura, Relativity
Tagged Andrew Sieja, Mark Dingle
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Every angle covered at CEIC 2013 in Orlando
I am at CEIC 2013, the big annual conference covering forensics, cybersecurity and eDiscovery run each year by Guidance Software. The event has outgrown its previous venue here in Orlando, and is at the vast Rosen Shingle Creek. The view … Continue reading
A representative selection of sessions at the IQPC London Information Governance and eDisclosure Summit
I avoid lists, on the whole. Apart from the fact that one can sense the readers bleeding away, there is always the risk of omitting somebody or something, or of appearing to give an unintended priority to one thing rather … Continue reading
DOJ eDiscovery Director speaking in London this week
Amongst the many interesting contributors to the IQPC Information Governance and eDisclosure Summit taking place in London from 14 to 16 May is Allison Stanton, Director of eDiscovery, FOIA and Records for the Civil Division of the US Department of … Continue reading
Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, KCura, Recommind
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A packed agenda at the Information Governance and eDiscovery Strategy Exchange in San Diego
I wrote last September about the Information Governance and eDiscovery Strategy Exchange in Washington, commenting on the fact that an all-British team based in London had managed to run an extremely successful eDiscovery conference in the home of eDiscovery. The … Continue reading
Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure
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Huron Legal’s Nigel Murray rides again for Help for Heroes
I was in a US airport earlier this week (don’t ask me which – they all look the same after a while) and heard an announcement about facilities available for US service people – somewhere to sit and eat, with … Continue reading
New Law Journal – Jackson articles by HHJ Simon Brown QC and Dominic Regan
The NLJ is publishing an excellent series of articles about the Jackson reforms. They now have another in the series of Costs Budgeting articles by HHJ Simon Brown QC, this one called Costs budgeting: Proportionality is trumps. The index to … Continue reading
Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Jackson Reforms
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US eDiscovery articles in brief
Consistent with my condensing approach to current events, I give a brief summary of some of the US articles which have ended up in my Evernote store while my attention has been on the roll-out of the Jackson reforms. Rule … Continue reading
An optimistic article about eDisclosure post-Jackson – and a less sanguine one
Georgina Squire of the London Litigation Solicitors Association has written a concise and practical guide to eDisclosure under the new rules, which has been published in the New Law Journal. It is called A brighter future? (not the first, I … Continue reading
UK judges and predictive coding – open to any proportionate suggestion
Charles Christian’s Legal IT Insider has been hosting a discussion about the likely reaction of case managing judges to the proposed use of technology like predictive coding. The starting point is a thoughtful article by Drew Lewis, eDiscovery Counsel of … Continue reading
Cost budget revisions unlikely
I have already referred (in my article on Epiq’s costs seminar) to Murray & Anor v Neil Dowlman Architecture. There is a good commentary on that on Outlaw.com called Cost budget revisions to fix mistakes unlikely to be allowed, says … Continue reading
Good Practice Guide to eDiscovery in Ireland
Irish civil litigation requires discovery and therefore electronic discovery. An informal group called The eDiscovery Group of Ireland has been working for some time on a Good Practice Guide to Electronic Discovery in Ireland, and Version 1.0 was published recently. … Continue reading
Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Ireland
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CPR, CMC, WTF …. and OCD: eDiscovery stories keep rolling in
I have a stream of short articles coming. This is just some background noise. I observed in a tweet last week that I had overlooked the Twitter presence of an interesting legal software development company, Neota Logic. “Might be because … Continue reading
Epiq Systems seminar focuses on the new Costs Management rules
Epiq Systems held an extremely informative seminar on the new costs regime earlier this week. You will find at the end of this post a link to the video made on the day with the strong recommendation that you watch … Continue reading
Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, Litigation
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Discussing eDisclosure round the table at the Brewery
The fact that we enjoyed ourselves at the TGCI eDisclosure event in London did not make it any less of a serious forum for discussion. The round-table format, the complete absence of PowerPoint slides, and the invitation to delegates to … Continue reading
Jackson events next week with Epiq and Consilio and guides from Judge Brown, Dominic Regan and Kerry Underwood
A tweet last week compared the first few days of the new case and costs management regime with 1939 – the reference was not intended to evoke anything belligerent but that period of uneasy calm known as the Phoney War … Continue reading
Jackson and eDisclosure with Hobs Legal Docs in Manchester
On Thursday, I joined Terry Harrison of Hobs Legal Docs to give a talk on the eDisclosure aspects of the Jackson reforms at a seminar hosted by The Royal Bank Of Scotland in Manchester. My real interest in this subject … Continue reading
Posted in CPR, eDisclosure, eDiscovery
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Nuix and the Global Offshore Money Maze – tools and skills go beyond conventional eDiscovery
Whilst this story has Nuix software as its inspiration, the point is a wider one – where do you start when you don’t know where to start on a large collection of data? A combination of software and shoe leather … Continue reading
Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Nuix
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The Ghost of Legal Services Yet to Come – a Futurist tells of things that may be
LegalTech Asia Technology Summit opened in Hong Kong with a thought-provoking keynote from futurist Rohit Talwar. Don’t be put off by that “futurist`” label – UK solicitors (and even barristers) get something to think about from talks like this. I … Continue reading
Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation
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Send three and fourpence, going to a dance – muddled messages from the MoJ
It is fitting that an article about confused messages should have to start with an explanation of its title. Only those who are old and British will know that pre-decimalisation currency consisted of pounds, shillings and pence, written as £. … Continue reading
Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Jackson Reforms, Judges
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A clear message from the Master of the Rolls about CPR enforcement
You might perhaps be forgiven for thinking that the case management parts of the Civil Procedure amendments won’t really affect you. It is not just that their launch has been confused, to use a charitable term; those who came through … Continue reading
Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Jackson Reforms
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Comfortable apathy for anyone? Some Jackson case management and costs management commentary
I am working on some material to add to the Resources section of my web site about the case management and costs management aspects of Jackson. There is, as you would expect, a great deal of comment flying around at … Continue reading
Another legislative shambles as Britain steps towards state control of the press – and the web
I have been leafing through my copy of Roget’s Thesaurus in search of a synonym for “shambles” – I have used that word rather a lot recently in connection with the publication (and immediate amendment) of the Civil Procedure (Amendment) … Continue reading
Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure
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Challenges to meet and not just threats in the Jackson reforms
A senior clinical negligence barrister suggests that we think positively about the Jackson reforms. Shortly after the UK Bribery Act passed into law, I took part in a London panel about its implications. At the Q&A session at the end, … Continue reading
The definitive version of the CPR amendments – definitive for this week anyway
The launch of the Amendments to the Civil Procedure Rules has been a shambles, and court users can be forgiven for confusion. We needed decisive leadership at this point, something consistent with the attitude which case managing judges are now … Continue reading
Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation
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General Counsel Institute eDisclosure Conference in London 17-18 April
I am one of four chairmen at a conference run by Today’s General Counsel Institute and called eDisclosure for the Corporate Market “The Exchange”. The others are Browning Marean of DLA Piper US, George Socha of EDRM fame and David … Continue reading
Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure
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My interview with Richard Susskind – Tomorrow’s Lawyers and eDisclosure
Professor Richard Susskind is the keynote speaker at the Information Governance and eDisclosure Summit taking place in London on 14-16 May 2013. His new book, Tomorrow’s Lawyers, has just been published, summarising in 160 very readable pages Richard Susskind’s picture … Continue reading
Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure
Tagged Richard Susskind
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Links to eDiscovery content in the Legal IQ Resource Library
I wrote recently about Legal IQ’s Information Governance and eDiscovery Strategy Exchange taking place in San Diego between 5 and 7 May 2013. I referred in that article to the expanding and useful Resource Library which Legal IQ is building … Continue reading
Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure
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Jackson-empowered judges ready for the new regime – and its benefits as well as its burdens
An article by Rachel Rothwell in The Law Society Gazette shows that there are some judges who will be making good use of the case management powers given to them by Jackson, and reminds us that there are potential benefits … Continue reading
Use of technology-assisted review and costs-shifting in US patent case has UK parallels
One of the main differences between the Federal Rules of Civil Procedure and the Civil Procedure Rules of England and Wales is that England and Wales is a costs-shifting jurisdiction by default. That means that the winner can expect to … Continue reading
Posted in Clearwell, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, H5, Symantec
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Free registration at LegalTech Asia Technology Summit
Anyone at a law firm can apply for a free delegate ticket to the LegalTech Asia Technology Summit, taking place in Hong Kong on March 4–5. If you work in legal technology anywhere in the Asia-Pacific then you will want … Continue reading
Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure
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Information Governance and eDiscovery Strategy Exchange – San Diego in May
I have just booked my flight for Legal IQ’s 2013 Information Governance and eDiscovery Strategy Exchange, to be held in San Diego between 5 and 7 May 2013. This is produced by the same UK-based team as ran the Washington … Continue reading
Costs management shambles defies parody but case management still has teeth
So, what is the overall effect of the implementation of the new Civil Procedure Rules in so far as they relate to case management, eDisclosure and budgets? Oh, I was hoping that you would tell me. During last week, I … Continue reading
Huron Legal hosts post-LegalTech discussion in London
Nigel Murray, managing director of Huron Legal in London, was the host this week of a discussion and dinner at the Cavalry and Guards club whose purpose was a roundup of LegalTech from a UK perspective. This has become a … Continue reading
Preservation and proportionality on the agenda for US litigation
There is a lot going on in the eDiscovery / eDisclosure world at the moment, what with new Civil Procedure Rules in England and Wales, and with products, appointments and webinars to write about and conferences to plan for. There … Continue reading
Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, FRCP, Symantec
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The Civil Procedure (Amendment) Rules 2013 relating to disclosure and case management
This post has been amended to take account of the alterations announced AFTER the Civil Procedure (Amendment) Rules had been approved by Parliament. If that part of this post which relates to costs management has lost some clarity as a … Continue reading
Welcome to UBIC as new sponsor of the eDisclosure Information Project
It is a pleasure to welcome UBIC as a new sponsor of the eDisclosure Information Project. Theirs is a name which I have known about for some time, but it was only at LegalTech that I had the opportunity of … Continue reading
FTI Report – Advice from Counsel by Ari Kaplan: Trends that will change E-Discovery
As it did last year, FTI Technology has commissioned a study by Ari Kaplan called Advice from Counsel Trends that Will Change E-Discovery (and What to Do About Them Now). This is based on interviews with 30 inside counsel with … Continue reading
Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, FTI Technology, RingTail
Tagged Ari Kaplan
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Epiq Systems survey points to a rise in UK and European eDisclosure
A new survey by Epiq Systems throws light on the recurring (and generally unanswerable) question as to the amount of eDiscovery work in the UK and Europe. One cannot assess the actual volumes, but it is helpful to know what … Continue reading
Post-LegalTech interim post
Yes, I know I have published nothing for days until yesterday, and only one post then. I was at LegalTech in New York last week, and those who might expect me to write about it, about them and about their … Continue reading
Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure
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The end of an era: law firms, eDiscovery, Susskind, the year 1599, dinosaurs, and a yellow scooter
Sometimes one gets the sense of being tangibly at the end of an era – the door is closing and, perhaps, others are opening. I felt like that, quite suddenly, on my way to LegalTech in New York a few … Continue reading
Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Integreon, KCura, Lord Justice Jackson
Tagged Richard Susskind
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The Jackson Reforms encourage proportionate eDisclosure / eDiscovery in any jurisdiction
I am taking part in a panel discussion at LegalTech next week with Integreon and kCura on the subject of the Jackson Reforms. We will emphasise that the rule changes generally reflect duties to which lawyers are subject anyway, and … Continue reading
Global Aerospace predictive coding results approved by judge
Step-by-step, predictive coding is gaining the acceptance in US litigation which was anticipated for it during last year. The latest advance is that the judge in Global Aerospace Inc. et al., v. Landow Aviation, L.P. dba Dulles Jet Center, et … Continue reading
Mr Justice Ramsey: Costs Budgets will induce “sweaty palms” but lawyers will adapt
The Law Society Gazette carries a report of a speech made yesterday by Mr Justice Ramsey on the forthcoming cost management rules. He anticipated that lawyers will adapt to the idea that they must present a costs budget but that … Continue reading
Reed Smith: 6 reasons to Insource Litigation Support
A lot of what I write suggests to law firms that their clients’ interests and, indeed, their own, may lie in delegating much of their eDiscovery / eDisclosure function to others. I usually link this to Professor Richard Susskind’s observation … Continue reading
Uncertainty means expense as we wait for the Jackson rules
An article by Neil Rose on the litigationfutures site is headed 10 weeks until Jackson and still no rules: LSLA chief warns of chaos. The reference is obviously to the wide-ranging reforms to the Civil Procedure Rules due to take … Continue reading
Some predictive coding resources useful for UK lawyers
I am increasingly being asked to talk about predictive coding in the UK, and the subject warrants an article of its own. I will come to that shortly, but meanwhile point you to two articles published in the last few … Continue reading
CBS broadcast highlights winners and losers from technological advances
eDiscovery software provider iCONECT featured in a US television broadcast about the effect of technology advances on business and employment. As Richard Susskind publishes his new book on legal business and well-known shops disappear from the High Street, we have … Continue reading
Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation Support
Tagged Richard Susskind
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Symantec data retention survey highlights gap between retention beliefs and practices
All surveys, in any industry, have the aim of promoting the company which commissions them – why else would they bother? A new survey about document retention beliefs and practices – and the gulf between them – is, however, valuable … Continue reading
Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Information retention, Symantec
Tagged Trevor Daughney
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Where are we now on legal hold and self collection?
Commentators in other jurisdictions, me included, have expressed wonder at the procedural hurdles which US case law developments in the past six years have placed in the way of parties preparing to give discovery. We don’t criticise the need to … Continue reading
Americans abroad: US begins to understand foreign attitudes to eDiscovery
Part of my reasoning in deciding not to go last year to the Georgetown Advanced eDiscovery Institute was the knowledge that others would write comprehensively about what was said there – Georgetown brings out the likes of LTN’s Monica Bay … Continue reading
Posted in Cross-border eDiscovery, Discovery, eDisclosure, eDiscovery, Electronic disclosure
Tagged Amor Esteban, Nigel Murray
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A new definition of relevance in US eDiscovery?
The US may be about to see a change to the Federal Rules of Civil Procedure which brings their rules about the scope of discovery / disclosure closer to those which have obtained in England and Wales since 1999. If … Continue reading
Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure
Tagged Ralph Losey
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Why don’t we just use Google for eDiscovery?
Connie Crosby, writing on Canada’s SLAW Online, has written a valuable pair of articles called Why Can’t You Just Make It Work Like Google? Part 2 of which has the sub-heading (and the answer) Good Enough Is Not Good Enough. … Continue reading
Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure
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eDisclosure Information Project 