Category Archives: eDisclosure

Two more Bribery Act sessions with LDM Global

LDM Global has two more Bribery Act events coming up this week, following the one which I moderated for them recently. The first is on Wednesday 25th of May at 4.00pm BST and is a webinar given by LDM Global … Continue reading

Posted in Bribery Act 2010, eDisclosure, eDiscovery, Electronic disclosure, LDM Global | Leave a comment

Craig Ball Entertains at CEIC 2011 on Computer Forensics for Lawyers

I choose my words carefully when I write, and nowhere more than in the headings to articles. It took me 10 seconds to decide that the word “entertains” would form part of the heading to this post. “Entertains”, “Forensics” and … Continue reading

Posted in CEIC, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Forensic data collections, Litigation, Predictive Coding | Leave a comment

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

Posted in Bribery Act 2010, Discovery, Document Retention, eDisclosure, eDiscovery, Electronic disclosure | Leave a comment

Getting on with the basics at CEIC as the eDiscovery world spins a little faster

I could sit here all morning trying to come up with a succinct heading which captures everything which is going on in eDiscovery / eDisclosure at the moment. The big things happening at a corporate level have greater long-term significance … Continue reading

Posted in AccessData, CEIC, Clearwell, Data privacy, Data Security, Discovery, e.law International, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, FTI Technology, Guidance Software, KCura, Nuix, Recommind, Symantec | Leave a comment

All set for the IQPC London Document Retention and e-Disclosure Summit

I do not see much point in describing in detail which sessions look interesting over the three days of IQPC’s Information Retention and e-Disclosure Management Summit, which starts at the Brewery in Chiswell Street on Monday. It is a packed … Continue reading

Posted in AccessData, Discovery, eDisclosure, eDiscovery, First Advantage, Guidance Software | Leave a comment

Metropolitan Corporate Counsel interviews Equivio on Processing and Proskauer on Compliance

The only direct connection between the two articles referred to in my title are that they both appeared on the Metropolitan Corporate Counsel website yesterday. An interview with Warwick Sharp of Equivio is headed The processing mountain was blocking the … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Equivio, Predictive Coding, Twitter | Leave a comment

LexisNexis e-disclosure webinar pulls in the crowds

2090 people registered to watch a video webinar on e-disclosure and privilege last week. That is, apparently, the highest number for any of the successful LexisNexis series of such webinars and presumably reflects the growing interest in electronic disclosure. The … Continue reading

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

Judge Grimm on ignorance of ediscovery rules and lack of consistency from courts

A high proportion of e-disclosure / ediscovery disputes in both US and UK courts arise because one or both of the parties does not know what target it is supposed to reach. This generally stems from one of two causes … Continue reading

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

Clear and convincing evidence needed to show contempt in intimate pictures case

I am writing my annual play for US and UK judges to perform at IQPC in London. The purpose each year is to sweeten the pill of e-disclosure didacticism with some light humour. If I always cast the US judges … Continue reading

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

ALRC Update on the Australian Discovery Inquiry

Patrick Collins, Senior Legal Officer of the Australian Law Reform Commission, made a presentation at an ediscovery conference in Melbourne last week. I don’t miss many common law ediscovery conferences, but I was not at this one, and I am … Continue reading

Posted in Australian courts, Discovery, e.law, eDisclosure, eDiscovery, Electronic disclosure | Leave a comment

Epiq joins the NLJ for a roundtable discussion on costs and case management

The New Law journal is running a series of roundtable discussions on various aspects of litigation and dispute resolution. I have my eye on the events in this series because I am due to take part in one shortly. Quite … Continue reading

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

Audio Search and Geolocation from ZyLAB

Two new developments from ZyLAB are worth passing on. In contrast to some players in this market, ZyLAB produces press releases which are short and to the point, without the boilerplate wrappers so beloved of others which set you nodding … Continue reading

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

Singapore case – Specific Discovery – Sanae Achar v Sci-Gen Ltd

A new case from the Singapore High Court involves an appeal against an order for specific discovery of documents. The case is Sanae Achar v Sci-Gen Ltd
[2011] SGHC 87  The appellant lost and was ordered to disclose more or less what had … Continue reading

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

You do not need the fear of sanctions to get value from legal hold software

I am doing a panel session on Day 2 of the IQPC Information Retention and EDisclosure Managemement Summit with Ronke Ekwensi of Pfizer. Our subject is ESI preparation and preservation: Assessing – and addressing – your eDisclosure Liabilities. One of … Continue reading

Posted in Clearwell, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, FRCP, Guidance Software, Legal Hold | Leave a comment

LDM Global survey on common ediscovery errors and a new office in New York

LDM Global recently conducted a survey across the USA, Europe and Australia to find out what were seen as the most widespread ediscovery errors. Whilst the results will surprise no one, it is good to be reminded that the problems … Continue reading

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

Three webinars from Digital Reef

Digital Reef, whose ediscovery, early case assessment and compliance software has recently brought them into the KMWorld List of 100 Companies that Matter in Knowledge Management, is producing three webinars over the next few weeks. These are as follows: Burst … Continue reading

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

Recommind Webinar – UK Bribery Act: Much Ado About Nothing, Or Game-Changer?

Recommind are presenting a webinar in conjunction with Inside Counsel on Thursday 21 April (that’s this week). The title is The UK Bribery Act: Much Ado About Nothing, Or Game-Changer? and registration is here. The speakers are Mark Mendelsohn, Partner … Continue reading

Posted in Bribery Act 2010, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Recommind | Leave a comment

Epiq’s acquisition of Encore gives the customer more choices

E-Discovery services and technology company Epiq Systems, Inc. has acquired Encore Discovery Solutions for $100 million cash. The press release is here. Most market comment has focused on the acquisition price and on the estimated 50% increase in the revenue … Continue reading

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

Filling the day and nearly getting filled with lead

One of the influential figures in US ediscovery gets very cross at references to the “ediscovery market”, as if the commercial connotations somehow sully the purity of the context of rules and judges and justice which the ediscovery / e-disclosure … Continue reading

Posted in Discovery, DocuMatrix, e.law International, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, First Advantage, Forensic data collections, FTI Technology, IQPC, IQPC Exchange, Nuix | Leave a comment

A Craig Ball anti-forensics article reminds UK readers of Rybak v Langbar

Thousands of words are written each week about e-disclosure / ediscovery. That old joke about today’s article is being tomorrow’s cat litter is hard to apply literally to electronic publication, but it is right to say that few of the … Continue reading

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

Huron Consulting, LDM Global, Hobs Legal Docs and Recommind all move home

In case you are setting off for a meeting in London with Huron Consulting Group, LDM Global or Hobs Legal Docs, you may care to note they have all moved premises in recent weeks. Recommind has also moved, though I … Continue reading

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

Lawyers replaced by computers for ediscovery search – a retrospective

The dust is settling on the debate aroused by the John Markoff article in the New York Times of 4 March headed Armies of Expensive Lawyers, Replaced by Cheaper Software. We can’t have that, so I thought I would keep … Continue reading

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

E-disclosure Great Debate at The Lawyer

The Lawyer today carries a report by editor Catrin Griffiths of an edisclosure  panel last week hosted by The Lawyer as part of a series of such debates. The panel included Senior Master Whitaker, Phil Beckett of Navigant, and senior … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Part 31 CPR, Predictive Coding | Leave a comment

Aggressive Transparency and Strategic Cooperation in Electronic Disclosure

Lieutenant Schrank: You hoodlums don’t own these streets. And I’ve had all the rough-house I can put up with around here. You want to kill each other? Kill each other, but you ain’t gonna do it on my beat. … … Continue reading

Posted in Discovery, DocuMatrix, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, Equivio, LegalTech, Litigation, Part 31 CPR | Leave a comment

Risk, Processes, Proportionality and Objectives in Bribery and eDisclosure

This post is actually about a talk given jointly by me and Barry Vitou of Pinsent Masons and of thebriberyact.com to an audience invited by Iron Mountain in Westminster this week about the Bribery Act and developments in e-Disclosure. I … Continue reading

Posted in Bribery Act 2010, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation Support | Leave a comment

Digital Reef, kCura and Foley & Lardner Webinar on 9 March

I do not catch all the webinar notices which fly by, and get to mention only a fraction of those. That implies no lack of support for the format or for those who put them on, but it is only … Continue reading

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

King Ludd and the Lawyers – e-Discovery and the Luddite Fallacy

Since I am about to refer you to three weighty articles by others, I will keep my own comment to a minimum. The context is the ability of modern litigation software to analyse documents more quickly and more cheaply than … Continue reading

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

The relevance of a computer called ‘Watson’ and a television game show to electronic disclosure

A computer with a homely name like ‘Watson’ and a US quiz show may sound like trivialisation of the serious subject of electronic discovery / eDisclosure. Equally, a reference to ‘Probabilistic Latent Semantic Indexing” sounds way over the top for … Continue reading

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

Phlogging IQPC with Dominic Regan and ipadio

Let us deconstruct my title in stages, taking the easy bits first. IQPC is a well-known conference organiser whose Information Retention and E-Disclosure Summit is generally recognised as the best of the London conferences on information management and the use … Continue reading

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

The Bribery Act and e-Disclosure – Iron Mountain breakfast seminar on 8 March

Registration is now open for the Iron Mountain Breakfast Seminar on Electronic Disclosure and the new UK Bribery Act which takes place on Tuesday 8 March at 8.30am at Altitude 360, Millbank Tower, London. The registration form is here. The … Continue reading

Posted in Bribery Act 2010, eDisclosure, eDiscovery, Electronic disclosure | Leave a comment

AccessData conference carries electronic discovery message to Germany

I am very much looking forward to moderating an electronic discovery conference in Frankfurt on 22 March. The hosts are AccessData and the speakers are drawn from a broad range of legal, technical and compliance backgrounds, and from well-known firms … Continue reading

Posted in AccessData, Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, EU, Regulatory investigation | Leave a comment

Metadata and Data Exchange Formats in Electronic Disclosure – a US model for a common-sense approach in the UK

UK lawyers are rightly sceptical about the relevance of US e-discovery rulings to their own cases. Occasionally, however, one comes along which is grounded in universally-applicable common sense or which throws light on some basic technological point which has not … Continue reading

Posted in AccessData, Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, FRCP, Part 31 CPR | Leave a comment

Davis v Grant Park – EDiscovery Sanctions just like the Advantage Rule in Rugby

I am keen on parallels and analogies which help illustrate serious subjects by drawing on historical, fictional,  cultural or any other references which may throw light on (or at least help us to remember) things we ought to know. The … Continue reading

Posted in Court Rules, Discovery, eDisclosure, eDiscovery, Electronic disclosure, FTI Technology, Litigation, Litigation Support | Leave a comment

Levelling out after LegalTech

LegalTech, UK educational sessions and calls from law firms, an LPO conference, Irish eDiscovery, litigation as an invisible export, legal blogging in New York and eDiscovery in Germany all help to pass the time. By and large, I find that … Continue reading

Posted in AccessData, Andrew Haslam, Bribery Act 2010, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, IQPC, LegalTech, LexisNexis, Litigation, Outsourcing, Symantec, ZyLAB | Leave a comment

Welcome to First Advantage as a sponsor of the E-disclosure Information Project

I am very pleased to welcome First Advantage Litigation Consulting as a new sponsor of the e-Disclosure Information Project.  First Advantage was already a well-established forensics, litigation consulting and eDiscovery company when I met them at my first LegalTech in … Continue reading

Posted in Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, First Advantage, Litigation Support | Leave a comment

Welcome to Digital Reef as a sponsor of the e-Disclosure Information Project

I am very pleased to welcome Digital Reef as the newest sponsor of the e-Disclosure Information Project. This news comes in as I am packing to leave for LegalTech and you, and they, will forgive me for giving the briefest … Continue reading

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

Guidance Software adds forensics and ediscovery for iPad and iPhone

Guidance Software, best known in the e-disclosure / e-discovery world for enterprise network collections with EnCase eDiscovery, has announced a new forensic tool for the Apple iPad, iPhone 4 and iPod Touch. Encase Neutrino also handles Android 2.1 and 2.2. … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Forensic data collections, Guidance Software | Leave a comment

What the Trilantic-Huron combination means for clients

Well-known UK litigation support provider Trilantic was acquired by Huron Consulting Group last November. I went to see Trilantic’s Nigel Murray to find out how the clients will benefit from the combined fire-power of the two companies. Although Trilantic seems … Continue reading

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

New web sites and a case study make good marketing

Although the nuts and bolts of what I do involves e-discovery / e-disclosure rules and the crossover between rules and practice on the one hand and technology on the other, my real interest lies in marketing, with a self imposed … Continue reading

Posted in CY4OR, eDisclosure, eDiscovery, Electronic disclosure, Forensic data collections, LegalTech, Litigation Support, SEO | Leave a comment

Cross-Border and Multi-National eDiscovery at LegalTech from FTI and Epiq

I have written already about those sessions at LegalTech 2011 in New York which have a UK element in them (see Strong UK presence at LegalTech 2011). As I said in that article, it is impossible to list, let alone … Continue reading

Posted in Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, FTI Technology | Leave a comment

Epiq Systems and Huron Consulting as Angels for US-UK e-disclosure play at LegalTech 2011

An “angel” in theatrical terms is someone who puts money into a play or film. Many productions would not happen without such support. I have already mentioned the judicial play which we are putting on at LegalTech and which consists … Continue reading

Posted in Clearwell, Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation Support, Nuix | Leave a comment

Exposing your thinking parts to the outsourcing discussion

That old image of the ostrich burying its head in the sand is apparently unfair. The purpose is apparently to use the ground as a sounding board, vibrations giving advance warning of problems to come. This prosaic reality undermines that … Continue reading

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

Recommind expands in UK and EU with hires and hosting

A couple of years ago, Charles Christian of the Orange Rag observed that whilst other providers made a lot of noise about what they were going to do in the UK market, Recommind quietly got on with making sales. The … Continue reading

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

LDM Global webinar on 27 January – Sampling for Dummies: Applying measuring techniques in ediscovery

We all have a notion of what “sampling” means. My dictionary defines it as a “small separated part of something illustrating the qualities of the mass”. In electronic disclosure / e-discovery terms it can be useful at an early stage … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, LDM Global, Litigation Support, Part 31 CPR | Leave a comment

The ups and downs of US ediscovery sanctions

The sanctions handed down by US courts for ediscovery failures bewilder the rest of us somewhat. To my eye, if one wanted to design a system which was absolutely certain to encourage satellite litigation, tactical play and (as a defensive … Continue reading

Posted in Catalyst, Court Rules, Discovery, eDisclosure, eDiscovery, Electronic disclosure, FRCP, Litigation Support | Leave a comment

Twitter, bribery and 37 corporate counsel in a big virtual bar

All your highly-polished marketing materials are useless if you do not get them in front of your intended audience and engage with them about it. An article intended merely to point you to a source of messages about the Bribery … Continue reading

Posted in Bribery Act 2010, eDisclosure, eDiscovery, IQPC, Litigation Support, Marketing, Recommind, Twitter | Leave a comment

Welcome to LDM Global as a sponsor of the e-Disclosure Information Project

I am really pleased to welcome LDM Global, a company which I have known almost since its foundation 15 years ago, as the latest sponsor of the e-Disclosure Information Project. In the days when my work involved handling rows and … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, LDM Global, Litigation Support | Leave a comment

The Trilantic Commonwealth Brunch on Sunday at LegalTech

The invitations to parties, receptions and meetings at LegalTech New York continue to roll in – my personal best so far is four assignations on one evening. The biggest issue, so far as I am concerned, is not fitting them … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, LegalTech, Litigation Support, Trilantic | Leave a comment

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

You will have noticed the addition of another new logo to the collection of those who sponsor the e-Disclosure Information Project. ZyLAB joined up before Christmas, and I deferred writing my usual welcome piece because of a plan to go … Continue reading

Posted in Bribery Act 2010, Discovery, eDisclosure, eDiscovery, Electronic disclosure, ZyLAB | Leave a comment

A reminder about some ediscovery sources plus a mini-conference on video

My plan to update the reference section on my website over Christmas was thwarted by the time it took to move from Windows to Office 2011 on the Mac – one of those jobs for which you allocate an hour … Continue reading

Posted in Bribery Act 2010, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Ernst & Young, Guidance Software, IQPC, Litigation Support, Recommind | Leave a comment

Webinar on 13 January – interview with the General Counsel of the SFO about the Bribery Act

A reminder that Vivian Robinson QC, General Counsel of the Serious Fraud Office, is taking part in a webinar on the implications of the UK Bribery Act 2010 on 13 January. The other participants are Barry Vitou, partner in Winston … Continue reading

Posted in Bribery Act 2010, eDisclosure, eDiscovery, Electronic disclosure, Litigation Support | Leave a comment

Planting eDiscovery ideas inch by inch and 
step by step

Every article could cover one more topic, bring in another side-reference, or round out the discussion with another example, parallel or exception.  Sometimes it is best to stick to one core subject. The continent of Europe is so wide,
 Mein … Continue reading

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

Strong UK presence at LegalTech 2011

LegalTech 2011 is only a few days away and the programme is packed. Almost everyone whose name has appeared in these pages is taking part in something, and I will not attempt to list them all. Following on, however, from … Continue reading

Posted in Data privacy, Data Protection, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, Integreon, KPMG, Kroll, LegalTech, Litigation, Litigation Support, Thomson Reuters, Trilantic | Leave a comment

LPO predictions for 2011 from Fronterion and Integreon

When I look at the pile of articles which I dictated before Christmas, and at the mess which my voice recognition software has made of them, I wonder if the time has come to outsource the typing around here. Instead … Continue reading

Posted in eDisclosure, eDiscovery, Electronic disclosure, Fronterion, Integreon, Outsourcing | Leave a comment

Big cases coming for big firms – but what about more ordinary litigation?

An article in the Lawyer of 3 January is headed Top firms gear up for action as litigation tsunami hits UK . Perhaps the most interesting point made in it concerns the cost of arbitration with the corollary that the … Continue reading

Posted in Court Rules, Courts, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Litigation costs, Lord Justice Jackson, Outsourcing | Leave a comment

Richard Susskind’s law firm technology predictions for 2011

A short interview with Professor Richard Susskind on the Legal IT web site gives a packed 12 minutes or so which is well worth listening to at the beginning of the year. E-Disclosure is covered along with iPads, social media, … Continue reading

Posted in Court Rules, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Litigation Support, Predictive Coding | Leave a comment

Judges and automated coding tools for electronic discovery

I took part this week in a podcast called Will Judges Think It Is Okay To Use Clustering and Suggestive Coding Tools? which was led by Karl Schieneman of ESI Bytes. I was the token Englishman alongside US top-drawer participants … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Judges, Predictive Coding, Project Counsel | Leave a comment

E-Discovery / E-Disclosure Predictions for 2011

Metadata, as we all know, is data about data. Perhaps next year we could have predictions about predictions – an article put up at about the beginning of November guessing what the various pundits will include in their list of … Continue reading

Posted in Case Management, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation Support, Posse List | Leave a comment

Avoid bringing the company to a halt when collecting data

If, as I do, you go round law firms encouraging them to consider the proper handling of electronic data, you realise that it is very hard for them to visualise what actually happens when it becomes necessary to collect documents … Continue reading

Posted in Bribery Act 2010, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Guidance Software | Leave a comment

Some resources on the UK Bribery Act 2010

I mentioned briefly in my report of IQPC in Munich the lucid explanation given by Vivian Robinson QC, General Counsel of the Serious Fraud Office, of the implications of the UK Bribery Act 2010. The aspect which interests me in … Continue reading

Posted in Bribery Act 2010, Discovery, eDisclosure, eDiscovery, Electronic disclosure, IQPC, Litigation Support | Leave a comment

Don’t believe everything you read in the papers

Mark Twain said “The report of my death is an exaggeration” when his obituary was published prematurely. Rudyard Kipling, in similar circumstances, wrote to the offending magazine saying “I’ve just read that I am dead. Don’t forget to delete me … Continue reading

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

Webinars from ZyLAB and LDM Global

I do not catch the news of all the webinars which take place about e-discovery / e-disclosure. Their announcements fly by on Twitter or elsewhere and are gone before I can pick them up. Two of them came by today, … Continue reading

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

Predictive coding and defensibility

An article called The Red Herring of Defensibility and Predictive Coding by Craig Carpenter of Recommind on the Inforiskawareness site draws attention again to the technology generally known as “Predictive Coding”. Craig can fight his own corner as to the … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, Equivio, Kroll, Litigation Support, Nuix, Predictive Coding, Recommind | Leave a comment

IQPC Exchange in Munich: Information Retention and eDiscovery in Europe

The civil law jurisdictions of mainland Europe have no discovery tradition as it is understood in common law countries like the US and UK. The IQPC Information Retention and eDiscovery Exchange in Munich was an opportunity for corporate counsel to … Continue reading

Posted in Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Ernst & Young, Guidance Software, IQPC, IQPC Exchange, Litigation Readiness, Litigation Support, Symantec | Leave a comment

To the Varsity Match with FTI to watch Oxford win (and other things)

I went yesterday via Terminal 1 at Heathrow to the Varsity Match as a guest of FTI, where Oxford beat Cambridge 21-10. The last time I watched rugby at Twickenham was 4 November 1967, when the Queen nearly ran me … Continue reading

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

Clearwell White Paper: the new Practice Direction and e-Disclosure

Clearwell Systems has published on its website a White Paper which I co-wrote with them with the title The New Practice Direction and e-Disclosure: Best practices for Complying Proportionately (registration required). Its purpose is to set out recent developments in … Continue reading

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

Premonitions of what was to come

I have no idea what is happening in this photograph: That is not strictly true – I know that it was taken at IQPC in Munich last week just as I was about to moderate a panel on data protection … Continue reading

Posted in Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, IQPC, Litigation Support | Leave a comment

International discovery, sanctions, ethics and US-UK comparisons at Georgetown

I was, I think, the only UK speaker (or, indeed, delegate) at the Georgetown Advanced e-Discovery Institute. If the primary reason for going was to talk about US-EU differences, there was progress made too on the continuing US-UK dialogue about … Continue reading

Posted in Court Rules, Courts, CPR, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Guidance Software, Litigation costs, Litigation Support, Part 31 CPR | Leave a comment

Catching an eyeful in Leeds and a snowfall in Munich

The paucity of posts lately may lead you to think that all is quiet on the e-disclosure / e-discovery front. It is in fact a symptom of the opposite – there has been more than enough to keep me amused, … Continue reading

Posted in Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, EU, Litigation Support | Leave a comment

Thomson Reuters 6th eDisclosure Forum in London

It is Friday night as I start writing this. I am in BA’s lounge at Washington Dulles Airport after the two-day Georgetown Advanced eDiscovery Institute. There I took part in an international panel, talked and/or listened to the Who’s Who … Continue reading

Posted in Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, EMC, Epiq Systems, Litigation, Litigation Support, Thomson Reuters | Leave a comment

Consultation paper on Discovery in Australian Federal Courts

If Lord Justice Jackson’s review of Civil Litigation Costs included the most important summary of disclosure and e-disclosure of 2010, the Australian Law Reform Commission’s Discovery Review will be the key analysis of 2011. The Attorney General’s terms of reference … Continue reading

Posted in Australian courts, Court Rules, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation | Leave a comment

Two podcasts and a video on electronic disclosure

I have done two podcasts and a video recently which you may find a painless way of absorbing information about electronic disclosure. I was interviewed last week by Karl Schieneman of ESIBytes earlier this week, on an introduction from Mike … Continue reading

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

6th Annual eDisclosure Forum on 15 November

I am co-chairman, with Browning Marean and George Socha, of the Thomson Reuters / Sweet & Maxwell Sixth Annual eDisclosure Forum on 15 November at Canary Wharf in London. Speakers include Senior Master Whitaker, HHJ Simon Brown QC, Mark Surguy … Continue reading

Posted in AccessData, Court Rules, Discovery, DocuMatrix, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, Judges, Litigation Support | Leave a comment

From Clearwell in Cornhill to Millnet on Millbank via Memory Lane

I went to Millnet’s 15th birthday party on Friday and, in consequence, wound up with very sore feet. That is not the non-sequitur which it may appear to be. The day began with an e-disclosure talk and ended with an … Continue reading

Posted in Clearwell, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation Support, Millnet | Leave a comment

Rybak v Langbar sends warning to those who destroy evidence

Extreme cases do not necessarily add materially to our understanding or give us as much guidance for the future as one might think. Rybak & Ors v Langbar International Ltd [2010] EWHC 2015 (Ch) (09 July 2010)  is what would … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Forensic data collections, Litigation Support | Leave a comment

A useful guide to sources on EU Data Privacy Laws

The Guidance Software Newsroom carries a new article by Denise Backhouse of the eData Practice of Morgan, Lewis & Bockius, LLP headed Master European Data Privacy Laws. I refer you to it because it is expressly intended as a guide … Continue reading

Posted in AccessData, Alvarez & Marsal, Clearwell, Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Ernst & Young, EU, FTI Technology, IQPC, KPMG, Litigation Support, Recommind, Symantec, Trilantic | Leave a comment

Changes in the UK eDisclosure market: Huron acquires Trilantic just after Grant Thornton acquires Legal Inc

The consolidation of the UK and international e-discovery market took a further step today when Huron Consulting Group announced the acquisition of Trilantic. This follows the recent announcement that Grant Thornton had added Legal Inc’s people and expertise to its … Continue reading

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

Getting back to the e-Disclosure day job

Although it may seem that I spend most of my time in the departure lounges of the world, travel is a relatively small element of a typical month’s work. I am back to the meetings, the platform and media opportunities … Continue reading

Posted in AccessData, Clearwell, Discovery, eDisclosure, eDiscovery, EDRM, Electronic disclosure, Epiq Systems, H5, KPMG, Litigation Support, Thomson Reuters | Leave a comment

Master Whitaker and Trilantic encourage e-Disclosure in Dubai

There is much emphasis in these pages on the fact that discovery of documents (“disclosure”, for some reason, in England & Wales) is a common law tradition not found in civil law jurisdictions such as those of mainland Europe. We … Continue reading

Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Part 31 CPR, Trilantic | Leave a comment

Another London doorway to Equivio technology

Legastat is the latest London-based e-disclosure services provider to offer Equivio’s technology for speeding up the identification of redundant data and enabling early case assessment. It is not the only such provider, and the same technology is available as integrated … Continue reading

Posted in AccessData, Catalyst, Discovery, DocuMatrix, Early Case Assessment, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, Equivio, FTI Technology, KCura, Legastat, Litigation Support, Millnet, Summation, Trilantic | Leave a comment

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

It is a great pleasure to welcome Symantec as the latest addition to the sponsors of the e-Disclosure Information Project. Earlier today, in my article about Canadian e-discovery (see Lessons from Applied Discovery Proportionality panel in Toronto ) I passed … Continue reading

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

Berezovsky v Abramovich – refusal of enhanced disclosure order in the Commercial Court

A decision about edisclosure made in the Commercial Court by Mrs Justice Gloster DBE in August has recently been published on BAILII. The case is Berezovsky v Abramovich , the pleaded sum at stake exceeds US$3.5 billion, and the allegations … Continue reading

Posted in Commercial Court, Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Litigation, Litigation costs, Litigation Support | Leave a comment

Lessons from Applied Discovery Proportionality panel in Toronto

It sounds a bit flippant to say that I went to Toronto for breakfast. It certainly would not do as an answer to the immigration official asking the purpose of my visit. Readers with long memories may recall two earlier … Continue reading

Posted in Canadian Courts, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Litigation costs, Litigation Support | Leave a comment

A quick eDiscovery trip to Singapore

I got back at dawn this morning from the InnoXcell eDiscovery conference in Singapore. I was only there for the two days of the conference and had only just got back from a one day trip to Toronto to attend … Continue reading

Posted in Catalyst, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, Litigation, Litigation Support, Nuix, Recommind, Singapore | Leave a comment

Proportionality making you think and making you laugh

My own notes on Applied Discovery’s excellent Toronto panel on proportionality are still in draft. Virginia Henschel,  Vice President of E-Discovery Affairs for Applied Discovery, has beaten me to it, and her report is here. It includes some useful links. … Continue reading

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

Addressing the outsourcing of document review

The word “addressing” in my title is used here as the opposite of “ignoring”. As with the use of technology, you cannot dismiss the idea of outsourcing document review without finding out who does it, how they go about it, … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, Litigation Support, Posse List, Project Counsel, UNIFIED | Leave a comment

Having the Acuity to determine Relevance with Predictive Coding

Many commentators have lighted on the paper Crash or Soar – Will the legal community accept “predictive coding?” by Anne Kershaw and Joe Howie, in which they explored whether lawyers will be willing to abide by the results of review … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Equivio, FTI Technology, Litigation Support, Recommind | Leave a comment

Sedona Conference Commentary on Proportionality in Electronic Discovery

As a shortcut to the Sedona Conference Commentary on Proportionality in Electronic Discovery, I refer you to the excellent  K & L Gates Electronic Discovery Law site  which gives a summary of the Sedona Conference’s eagerly awaited commentary on proportionality … Continue reading

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

Technology providers strike up long-term links with clients

Since I do not purport to be a journalist, I have the luxury of letting things float around in my head until an angle evolves. Odd strands – things I read or see or which come up in discussions – … Continue reading

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

Roundup of The Masters Conference 2010

“We have been travelling since we saw you last. We have been in America, entertaining the Americans whose need, let’s face it, is greater even than yours. Of course when we’re over there we say that the other way round” … Continue reading

Posted in AccessData, Clearwell, Court Rules, CPR, Discovery, Early Case Assessment, eDisclosure, eDiscovery, Electronic disclosure, EU Safe Harbor, Guidance Software, Integreon, KCura, Litigation, Litigation Support, Masters Conference, Nuix, Summation, Trilantic | Leave a comment

Back from the Masters Conference in Washington

I am just off the plane after the Masters Conference in Washington. This is a conference which gets better every year and there is a lot to write about. I was on a panel on early case assessment led by … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation Support, Masters Conference | Leave a comment

London litigation support party coincides with eDisclosure Practice Direction launch

I believe that it was a coincidence that almost the entire UK litigation support industry gathered at the Larder in Clerkenwell on the evening before eDisclosure Practice Direction 31B passed into the rules. I do not mean that the presence … Continue reading

Posted in Court Rules, CPR, Discovery, E-Discovery Suppliers, Early Case Assessment, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Litigation costs, Litigation Support, Masters Conference, Nuix | Leave a comment

Low-tech privacy breaches

Amidst all the proper concern about the use of technology in breaches of privacy, it is easy to overlook the ease with which we can give away information by more everyday means. Some examples illustrate what I mean. My railway … Continue reading

Posted in Data privacy, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation Support | Leave a comment

Over-estimating both costs and risks in the eDisclosure Practice Direction

There is a general sense that the eDisclosure Practice Direction has broad acceptance amongst lawyers – those who have read it before commenting on it, anyway. It is not just another CPR burden, nor is it something to fear – … Continue reading

Posted in Case Management, CPR, Disclosure Statement, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Litigation Support, Part 31 CPR | Leave a comment

Turning e-discovery news and views into a community of interest

Those of us who work in e-discovery / e-disclosure get better and better at passing information and views between ourselves.  Web sites, blogs and Twitter allow us to keep up with developments – new products, company news and cases – … Continue reading

Posted in AccessData, Clearwell, Data privacy, Data Protection, Discovery, DocuMatrix, Early Case Assessment, eDisclosure, eDiscovery, EDRM, Electronic disclosure, Epiq Systems, EU, FTI Technology, Guidance Software, KCura, Litigation Support, Masters Conference, Nuix, Recommind, Trilantic | Leave a comment

AccessData joins the e-Disclosure Information Project

It is a great pleasure to welcome AccessData as the latest sponsor of the e-Disclosure Information Project. AccessData has been involved in digital investigations for more than 20 years and its Forensic Toolkit®, cyber security and eDiscovery software solutions allow … Continue reading

Posted in AccessData, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation Support, Summation | Leave a comment

E-Disclosure and E-Discovery at home and abroad

I have given my first law firm talks since the Edisclosure Practice Direction became official and have started talking to my sponsors about its implications for them – the questionnaire gives them a useful and early role, if they are … Continue reading

Posted in CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, EDRM, Electronic disclosure, Litigation, Litigation costs, Litigation Support, Masters Conference, Sedona Conference | Leave a comment

Mrs Justice Gloster on disclosure of documents in the Commercial Court

If you wade through all the sex and celebs, fashion, make-up and gossip which comprise the bulk of The Times these days, you can occasionally still find good articles on legal matters, usually written by the excellent Frances Gibb. Their … Continue reading

Posted in Commercial Court, Court Rules, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Lord Justice Jackson | Leave a comment

Inquiry blog – Discovery of Documents in Australian Federal Courts

An Inquiry into the law, practice and management of the discovery of documents in litigation before Australian Federal Courts was launched by the Attorney-General in May 2010. I wrote about it at the time (see Terms of Reference for Australian … Continue reading

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