Category Archives: eDisclosure

ILTA 2010 wrap

This is my third (and last) article about ILTA 2010 Strategic Unity which closed in Las Vegas last week. My first article was a scene-setter, designed to give the flavour of the event and to explain why I thought it … Continue reading

Posted in Alvarez & Marsal, CaseLogistix, Clearwell, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Equivio, Ernst & Young, FTI Technology, Guidance Software, iCyte, Integreon, KCura, Litigation Support, Nuix, Recommind, Thomson Reuters, Trilantic | Leave a comment

Copying my work is OK – up to a point

From time to time, people ask if they may republish my articles; sometimes they simply go ahead and copy them without asking. I am usually relaxed about this – although most of my work involves writing, that is not what … Continue reading

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

The e-disclosure practice direction and electronic documents questionnaire in tangible form

Since I have been banging on about the “proposed” or “pending” edisclosure practice direction for months now, it is not surprising that everyone seemed to think that I would be the first to know when it had been formally published. … Continue reading

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

ILTA 2010 in Las Vegas: Strategic Unity, Defensibility and the Cloud

ILTA is the International Legal Technology Association. I am now back from ILTA 2010 Strategic Unity in Las Vegas, which was as busy and as good as ever. The red hot bloggers and tweeters were reporting on events as they … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Ernst & Young, ILTA, Legal IT, Legal Technology, Litigation Support | Leave a comment

E-Disclosure Practice Direction and Electronic Documents Questionnaire – it is official

I have made many references over the last few months to the pending UK e-Disclosure practice direction and to the electronic documents questionnaire which is part of it. The more observant of you will have noticed that I have never … Continue reading

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

What happens in Vegas matters in the UK: ILTA 2010

It is 2.30am here in Las Vegas and my laptop has just woken me up with a mating noise – yes, three days into this technology conference at this most modern of hi-tech hotels, the internet connection has sprung to … Continue reading

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

Getting the timing right

The run-up to ILTA is not a good time to give the impression that I am too busy to take note of what is going on.  It is a time of product launches, when all the players in the e-discovery … Continue reading

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

Discovering new methods of persuasion

As you know, part of my role is to persuade, and I am always looking out for new ways of getting people to consider how best to handle electronic documents. It is the mere consideration which matters – no-one is … Continue reading

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

Welcome to Clearwell as new sponsor of the e-Disclosure Information Project

It is a great pleasure to welcome Clearwell Systems as the latest sponsor of the e-Disclosure Information Project. Given Clearwell’s present standing in the eDiscovery market, it is hard to realise that it was founded as recently as 2004 and … Continue reading

Posted in Clearwell, Discovery, eDisclosure, eDiscovery, EDRM, Electronic disclosure, ILTA, KPMG, Litigation, Litigation Support, Sedona Conference | Leave a comment

Helping yourself to confidential information in litigation

Two parties, male and female, are engaged in litigation. The lady fears that the man will conceal information about his assets which ought to be disclosed in the litigation, and gets her agents to copy all his personal and business … Continue reading

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

Getting in amongst the lawyers

I referred in my last post (see The Last Lap) to the  law firms which lie below the very biggest and which have the potential to be the standard-bearers for a new approach to managing litigation. Many of their lawyers … Continue reading

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

The last lap

I have not run out of things to say, in case you are wondering at this week’s silence.  This is the last week of a near-continuous run of events – preparing for them, attending them and reporting on them – … Continue reading

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

Recommind webinar: Implications for UK law firms of the Electronic Documents Questionnaire

Recommind are hosting a webinar on Wednesday July 21, 2010 4:00 PM – 5:00 PM BST with the title The UK e-Disclosure Questionnaire – Its Implications for Law Firms. It is the third in a series of webinars which I … Continue reading

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

Epiq launches European document review service

Epiq Systems, owners of document review application DocuMatrix, have launched a new document review service based in its new offices in London following the success of the US service. The press release is here. It is in a sense otiose … Continue reading

Posted in Discovery, DocuMatrix, eDisclosure, eDiscovery, EDRM, Electronic disclosure, Epiq Systems, Litigation Support | Leave a comment

H5 webinar – The State of Search in 2010

I cannot realistically give notice of every webinar  given on the subject of ediscovery / edisclosure, but there are two coming up which are well worth mentioning. One is by Recommind, next Wednesday, on the UK Electronic Documents Questionnaire, and … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, H5, Recommind | Leave a comment

Searching for documents does not create them

There is a good article on Practical Law’s construction blog by James Clarke, a solicitor at Pinsent Masons. Called Is the ESI questionnaire the future of case management?, it is generally supportive of what is now called the Electronic Documents … Continue reading

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

A call to arms for ediscovery in Hong Kong

The purpose of my visit to Hong Kong last week was to speak at the InnoXcell Ediscovery and Digital Forensics Conference on 7 and 8 July. Several of the international brigade of ediscovery speakers joined local lawyers, suppliers and others … Continue reading

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

Noel, Stanley and Ludwig in Hong Kong

I am just back from a week in Hong Kong whose primary purpose was to speak at an ediscovery conference, with a couple of other meetings thrown in. I did three panels in one afternoon and a fourth the following … Continue reading

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

Back from Hong Kong Ediscovery Conference

I had no ambitions to write up the Hong Kong trip whilst I was there. Quite apart from the fact that I was due to be on the platform for 25% of its running time, there were a lot of … Continue reading

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

Goodale v MoJ now has a proper neutral citation number

Senior Master Whitaker’s important judgment in Goodale v Ministry of Justice now has a proper neutral citation number. It is 2009 EWHC 3834 (QB) Handed Down: 5 November 2009. The Claim No is HQ06X03876. Thanks to Master Whitaker for passing … Continue reading

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

How much does a lawyer need to know about electronic documents?

We all make judgements, conscious or otherwise, about the degree of skill or knowledge we need to acquire to conduct our business or, indeed, for everyday living. A number of factors dictate how much we feel that we need to … Continue reading

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

Legal Inc offers secondment of litigation support personnel

Although most providers of litigation support services make their consultants available to law firms to help with projects, Legal Inc has gone one further and effectively set up its own recruitment arm, offering litigation support personnel at all levels. The … Continue reading

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

Publication of 2nd Edition of Butterworths on Electronic Evidence

The only book in my office, apart from battered copies of the Concise Oxford Dictionary and Roget’s Thesaurus, is the first edition of Butterworths’ Electronic Evidence.  When I got it, I had no particular interest in discovery anywhere but in … Continue reading

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

Dales around the World

If you come across a good-looking young Englishman in your American city who says his name is Dale and that he comes from Oxford, it is not me – not this week, anyway. My second son Tom is in the … Continue reading

Posted in Discovery, eDisclosure, eDiscovery | Leave a comment

Keeping up with Equivio

Equivio illustrates the maxim “less is more” in ways which go beyond the purpose of its software, which is “the management of data redundancy in content-centric business processes” . There is something appropriate in the way that a company whose … Continue reading

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

SharePoint 2010 is the next dumping ground for lawyers to understand

Larry Briggi of FTI Technology describes Microsoft’s SharePoint 2010 as “the next dumping ground”. SharePoint is already here and now and having stuff dumped in it daily. FTI’s SharePoint Harvester is one of the new products aimed at meeting the … Continue reading

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

Applied Discovery + EMC + Kazeon offer combined services for collection, ECA and Review

It used to be quite easy to explain to lawyers what was the role of each player in the discovery process. It was easiest, of course, in the days when the only application was a photocopier. Many lawyers, I think, … Continue reading

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

Australian ediscovery round-up

My conclusion after my recent visit to Sydney was that every jurisdiction which engages in ediscovery thinks that it is behind the others. This is certainly not true of Australia, and  Master Whitaker and I were not merely being polite … Continue reading

Posted in Australian courts, Case Management, Clearwell, Court Rules, Discovery, e.law, eDisclosure, eDiscovery, eDiscovery Tools, Electronic disclosure, Equivio, Ernst & Young, FTI Technology, KCura, KPMG, Litigation, Litigation Support, Nuix, RingTail | Leave a comment

Some object-lessons from history, art and a non-discovery conference

You nearly got a grumpy old man story from me yesterday morning. You were spared only because I did not have time to write it before setting off for London. If I had known how the day would evolve, I … Continue reading

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

Autonomy: a very short press release for a very big eDiscovery deal

There is, alas, no rule which says that press releases must be proportionate in length to the size of the story. Those of us who are sent them usually have to plough through yards of verbiage and work out for … Continue reading

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

Cats at Bacchanalia

Cats Legal kindly asked me to speak at their client event last night. More compelling than me as an attraction, I suspect, was the fact that the venue was Bacchanalia , the specialists in fine Spanish wines, whose premises are … Continue reading

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

Collecting evidence for Ofsted and its parallels with e-Disclosure

Here is a nicely ambiguous Google search. My blog stats include a list of the terms which people used to find the site, and one from earlier in the week was “collecting evidence for ofsted”. The search was presumably made … Continue reading

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

A meaningless comment about technology in court

An outraged e-mail came in from Dominic Regan early on Saturday morning. Headed “The most stupid comment of the year”, Dominic’s message drew attention to the report in the Times about the Saville Inquiry into the Northern Ireland shootings. The … Continue reading

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

Ark Group eDisclosure conference in London

On my way to London yesterday to chair the Ark Group ediscovery 2010 conference, I read about the deletion of e-mails by an aide to the Qatari royal family (see Guardian article here). The allegation is that 19 e-mails referring … Continue reading

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

Recommind Webinar 16 June – Earles v Barclays Bank

I am doing a webinar with Jason Robman of Recommind on Wednesday 16 June at 16.00 BST. It is called The Impact of Earles v Barclays Bank on UK Corporations. Registration is here. Some of the UK e-Disclosure cases recently … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Litigation, Litigation costs, Litigation Readiness, Recommind | Leave a comment

Lunch-time talk in Sydney with Nuix and KPMG

Knowing that Master Whitaker and I were going to be in Sydney for the Chilli IQ eDiscovery conference, Eddie Sheehy of Nuix invited us to speak at a lunch organised by Nuix and KPMG. The venue was a room on … Continue reading

Posted in Access to Justice, Australian courts, Case Management, Discovery, eDisclosure, eDiscovery, Electronic disclosure, KPMG, Litigation, Litigation Support, Nuix | Leave a comment

Far and wide eDiscovery at the Chilli IQ conference in Sydney

Sometimes an unconscious theme develops during conferences. Appropriately, perhaps, given the “IQ” element in the organiser’s name, the point which recurred in Sydney was the use of human intelligence in parallel with the processing power and clever technology to get … Continue reading

Posted in Australian courts, Discovery, e.law, Early Case Assessment, eDisclosure, eDiscovery, eDiscovery Tools, Electronic disclosure, Equivio, FTI Technology, Judges, KPMG, Litigation Support, Nuix, RingTail | Leave a comment

Chris-crossing the globe for e-discovery

Sorry for the silence. It has been a bit busy here – not just “here” which is Sydney, but in the short gap in England between leaving Las Vegas and setting off for here. It is a brisk sunny morning … Continue reading

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

E-Disclosure in Liverpool with Cats Legal, Epiq Systems and Dominic Regan

I have to take back what I said yesterday about my rail trip to Liverpool. I had expected the usual shambles, those delays with risible explanations and insincere apologies which are the norm on our overcrowded, badly-run rail network. In … Continue reading

Posted in Case Management, CPR, Discovery, DocuMatrix, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, Litigation, Litigation costs, Litigation Support, Lord Justice Jackson, Part 31 CPR | Leave a comment

Terms of Reference for Australian Discovery review

I have already reported that the Australian Attorney General has commissioned a review of  discovery laws. We now have sight of the formal Terms of Reference which embed the purpose of the review firmly in the title – “to improve … Continue reading

Posted in Australian courts, Discovery, Early Case Assessment, eDisclosure, eDiscovery, Electronic disclosure, Litigation costs, Lord Justice Jackson, Nuix | Leave a comment

Early case assessment still alive and well

One of the odder suggestions which I heard at CEIC 2010 in Las Vegas was that “early case assessment” was yesterday’s idea and that it was time to move on to the next one. On reflection, I decided that the … Continue reading

Posted in CEIC, Discovery, Early Case Assessment, eDisclosure, eDiscovery | Leave a comment

Comment on Singapore Deutsche AG judgment

Vince Neicho of Allen & Overy saw my post about the Singapore judgment of Senior Assistant Registrar Yeong Zee Kin in Deutsche Bank AG v Chang Tse Wen and others (see Singapore e-Discovery judgment shows international commonality and active management) … Continue reading

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

Liverpool EDisclosure event on 3 June

The Liverpool Law Society is host to a three-hour course on electronic disclosure on Thursday, 3 June starting at 13.30 pm. The speakers include Professor Dominic Regan and me, together with litigation software supplier Epiq Systems and litigation services supplier … Continue reading

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

Ediscovery cooperation: Give peace a chance

Having heard two US Magistrate Judges in two weeks emphasise that ediscovery co-operation does not require “sitting round a campfire singing kumbaya”, I was interested to see that CaseCentral has picked up the same theme in their latest Case in … Continue reading

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

Cause and effect or why e-Disclosure is like cholera

“In Prussia the poor refused even to believe in the existence of cholera; noting that the eruption of the disease coincided with the arrival of doctors in their slums they drew the inexorably logical conclusion that the doctors had poisoned … Continue reading

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

International eDiscovery Panel at CEIC

There is one major difference between the general run of discovery problems and those relating to international and cross-border discovery. The former are soluble – competence and co-operation coupled with judicial management would fix most ediscovery problems tomorrow; the trans-jurisdictional … Continue reading

Posted in Canadian Courts, CEIC, Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, EU, Guidance Software, Litigation Support, Sedona Conference | Leave a comment

CEIC 2010 comes to an end

CEIC 2010 is winding down here in Las Vegas. Whatever measure you take – the quality of the sessions, the opportunity to catch up with people and meet new ones, the sheer numbers of people attending (1,300 or so), the … Continue reading

Posted in Canadian Courts, Case Management, CEIC, Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, EU, Forensic data collections, Guidance Software, Litigation Support | Leave a comment

Party with a purpose at the poolside

I am told that there is record attendance at CEIC 2010 here in Las Vegas. Putting it like that implies no doubt on my part that the claim is correct, but this place is so vast that you could lose … Continue reading

Posted in CEIC, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Guidance Software, KCura, Litigation, Litigation costs, Litigation Support, Nuix | Leave a comment

Keeping at work in the Cloud from Las Vegas

I have been here in Las Vegas a little over 24 hours. So far I have been asked by a cop if I have been arrested before, and been blatantly short-changed in Starbucks; I have been to one tourist attraction … Continue reading

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

IQPC the best London e-disclosure conference again

The three-day IQPC Information Retention and eDisclosure Management Summit is over for another year. It is the biggest and best conference in the London calendar and one which genuinely aspires to do better each year. Everyone I spoke to seemed … Continue reading

Posted in Case Management, Court Rules, CPR, Discovery, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Epiq Systems, Ernst & Young, FRCP, Guidance Software, IQPC, Judges, Litigation Support, Lord Justice Jackson, Masters Conference, Nuix, Part 31 CPR, Recommind, Trilantic, Women in eDiscovery | Leave a comment

IQPC: I heard your judges’ panel blew the doors off the joint

The quotation in my heading just came in from Gregory Bufithis of The Posse List. The reference is to the judicial panel yesterday at IQPC in London comprising (alphabetically) His Honour Judge Simon Brown QC, US Magistrate Judge John Facciola, … Continue reading

Posted in Discovery, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Guidance Software, IQPC, Judges, Litigation Support, Lord Justice Jackson | Leave a comment

Nigel Murray cycles to Trilantic’s new Dubai office

There is a photograph on Nigel Murray’s blog which appears to show that he has been cycling to work. Given the present state of air travel, this may be the most sensible method, even if you live in England and … Continue reading

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

A week of change in e-Disclosure as well as in politics

It is not often that you look back over a week or so and know that you will always remember it. Eight days ago, we had the same government as we had had for 13 years; now, not only the … Continue reading

Posted in Australian courts, Discovery, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, IQPC, Litigation Support | Leave a comment

Court of Appeal declines to overturn specific disclosure judgment in Fiddes v Channel 4

Those interested in judicial management of disclosure might like to look at the judgment of the Court of Appeal in Fiddes v Channel 4, delivered on 24 March but published on BAILII only on Friday. The case is interesting for … Continue reading

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

FTI Consulting partnership makes Late Shift possible for National Portrait Gallery

It is not just e-Disclosure which needs to find wider audiences. Institutions like the National Portrait Gallery also have to make their displays more accessible. The word “accessible” acquired politically correct connotations in the New Labour years, with public funds … Continue reading

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

Video illustration of forensic collections tool

I am always looking out for new ways of getting to wider audiences. Although you cannot beat actually talking to people, the Internet offers other ways conveying information. Forensics collection experts 7Safe have produced a video about their data collection … Continue reading

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

Imminent reform in prospect for Australian discovery process

Reform of the discovery process in Australia is said to be “imminent”, according to an article in the New Lawyer. The article says that the Attorney General has asked the Australian Law Reform Commission to explore options to promote the … Continue reading

Posted in Australian courts, Case Management, Discovery, eDisclosure, eDiscovery, Electronic disclosure, IQPC, Judges, Litigation, Litigation costs, Litigation Support, Lord Justice Jackson, Recommind, Singapore | Leave a comment

Recommind webinar: Technology is Changing the Economics of e-Disclosure, Are You Prepared?

My title is the name of a webinar which I am doing with Jason Robman of Recommind on 25 May. Its description reads as follows: The enormous costs and time associated with the e-Disclosure process are staggering, with the document … Continue reading

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

E-Disclosure law, practice and technology in one educational package

The first of the E-disclosure seminars organised jointly by Professor Dominic Regan and me took place yesterday at Ely Place Chambers. Dominic and I were joined by Senior Master Whitaker and by speakers from three technology providers, 7Safe, Legal Inc … Continue reading

Posted in Attenex, Case Management, Court Rules, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Forensic data collections, FTI Technology, Litigation, Litigation costs, Litigation Support, Lord Justice Jackson, Nuix, Part 31 CPR, RingTail | Leave a comment

Reminder: Dominic Regan and Chris Dale on e-Disclosure at Ely Place Chambers on 12 May

Professor Dominic Regan and I will be leading a seminar from 2.00 until 5.15 on Wednesday 12th  May at Ely Place Chambers on the subject of electronic disclosure of documents. Lord Justice Jackson’s only recommendation in relation to e-disclosure was … Continue reading

Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Forensic data collections, FTI Technology, Litigation Support, Lord Justice Jackson | Leave a comment

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

Posted in CPR, Discovery, Document Retention, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, IQPC, Litigation, Litigation Readiness, Litigation Support, Regulatory investigation, Women in eDiscovery | Leave a comment

Late disclosure of e-mails ends BA price-fixing trial

The government and its agencies have come unstuck yet again over failure to disclose electronic documents. A Reuters article British Airways price fixing trial collapses, published today, reports that the Office of Fair Trading (OFT) had failed to disclose relevant … Continue reading

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

Singapore e-Discovery judgment shows international commonality and active management

A judgment by Senior Assistant Registrar Yeong Zee Kin in the Singapore High Court last week shows the commonality in court-led management of e-Discovery between common law jurisdictions. The case is Deutsche Bank AG v Chang Tse Wen and others … Continue reading

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

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

Posted in Data privacy, Data Protection, Discovery, Document Retention, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, IQPC, Judges, Lord Justice Jackson | Leave a comment

The 2010 Duke Conference on US Civil Litigation

No one with any interest in the US Federal Rules of Civil Procedure could be unaware of the debates which have been going on about the costs of civil litigation and, in particular, of discovery. A conference is being held … Continue reading

Posted in Case Management, Court Rules, CPR, Discovery, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, FRCP, Guidance Software, IQPC, Litigation, Litigation costs, Lord Justice Jackson | Leave a comment

Government cannot keep documents secret in Guantanamo civil claim for damages

The Court of Appeal has held in Al Rawi and Others v The Security Service and Others that it is not open to a court in England and Wales, in the absence of statutory authority, to order a closed material … Continue reading

Posted in Discovery, eDisclosure | Leave a comment

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

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

Search technology: an intelligent adjunct to the lawyer’s skills, not a black box

An article by H5 on the professionalization of search ties in with my recent suggestion that lawyers and search experts have parallel roles in e-Discovery and that clients, rather than the lawyers, will manage the process. The UK courts have … Continue reading

Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, H5, Litigation, Litigation Support | Leave a comment

The Franco-British Lawyers Society on cross-border e-Disclosure 17th of May 2010

The Franco British Lawyers Society have organised an evening session called Searching for evidence: a panel discussion on cross-border e-Disclosure from an English and French perspective. The event takes place on Monday, 17 May at 6 pm at Pinsent Masons, … Continue reading

Posted in Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, EU | Leave a comment

EDiscoveryMap helps navigate cross-border issues

Monique Altheim, a New York qualified lawyer, has quickly established her blog, EDiscoveryMap, as a mine of information on matters of personal data, privacy, data transfer and cross-border transfers. I follow her on Twitter as EUDiscovery and EDiscoveryMap which keep … Continue reading

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

You have an urgent e-Disclosure requirement NOW. How do you get started NOW?

Although I have long had an interest in disclosure and specifically in electronic disclosure, the sense that there was a mission and a message to promote dates from the IQPC conference in London in May 2007. It was the first … Continue reading

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

ILTA Insight 2010: lawyers risk becoming just part of the clients’ process

The most powerful single message from ILTA INSIGHT 2010, held in London yesterday, was that lawyers risk becoming merely part of the clients’ processes in a slot marked “insert lawyer here”. Technology must become part of the lawyers’ business processes, … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, ILTA, Judges, Legal Technology, Litigation, Litigation costs, Litigation Support, Lord Justice Jackson | Leave a comment

Structured data is neither as easy nor as difficult as it sounds

Lawyers tend to overlook structured data. If they think of it at all when giving disclosure, it goes into the box marked “too difficult to deal with”. A decision that it is disproportionate to handle it may be right, but … Continue reading

Posted in Attenex, Discovery, eDisclosure, eDiscovery, Electronic disclosure, FTI Technology, Litigation Support, Part 31 CPR, Regulatory investigation, RingTail, Structured data | Leave a comment

Chris Dale and Dominic Regan on e-Disclosure at Ely Place Chambers on 12 May

Professor Dominic Regan and I will lead a session on electronic disclosure at Ely Place Chambers, 30 Ely Place, London EC1N 6TD on Wednesday 12th May 2010. The event starts at 2.00pm and will run until 5:15pm The Chambers notice … Continue reading

Posted in Court Rules, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Litigation costs, Litigation Support, Lord Justice Jackson, Part 31 CPR | Leave a comment

451 Group e-Discovery and e-Disclosure report points up the pain of purchasing decisions

The 451 Group, Rob Robinson of Applied Discovery, and I each have different roles in the business of spreading information about e-Discovery and e-Disclosure. The 451 Group is a technology analyst company whose business involves in-depth knowledge of enterprise IT … Continue reading

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

Shoesmith loses judicial review but disclosure candour questions remain open

Sharon Shoesmith has failed in her application for judicial review against Haringey, Ofsted and The Secretary of State, Ed Balls. This, as the judge made clear, was to do with the narrow ambit of the judicial review process and says … Continue reading

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

Shoesmith judgment due today

Mr Justice Foskett’s judgment in Sharon Shoesmith’s judicial review application against Haringey, Ofsted and Ed Balls is due to be published at 12.00 today. It will be accompanied by some judicial observations. My own interest, of course, lies not so … Continue reading

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

Plenty to do in an ever busier eDiscovery market

It is very flattering when people write in to ask if I am all right because they have noted that the number of blog posts is down in a particular week, suggesting as it does that people do not merely … Continue reading

Posted in Brussels, Discovery, eDisclosure, eDiscovery, Electronic disclosure, iCyte, ILTA, IQPC, Litigation, Litigation Support | Leave a comment

Peer-to-peer networking at the IQPC Corporate Counsel Exchange in Brussels

The night before I left for IQPC’s Corporate Counsel Exchange in Brussels, I gave a short talk at an event organised by 7Safe in London. I will write about that separately, but its theme was that we are seeing a … Continue reading

Posted in Brussels, Discovery, DocuMatrix, eDisclosure, eDisclosure Conferences, eDiscovery, Epiq Systems, IQPC, IQPC Exchange, Kroll, Regulatory investigation | Leave a comment

Cable & Wireless beats off Digicel claims

Cable & Wireless has beaten off Digicel’s claim that its entry into the Caribbean telecoms market was deliberately and wrongfully blocked by Cable & Wireless. According to an article in the Guardian, Cable & Wireless Communications wins legal war with … Continue reading

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

Cowen Group survey shows US e-Discovery workload and jobs increasing

It is always hard to know what weight to attach to anecdotal evidence about the litigation and e-Discovery market place. I personally take notice of sniff-the-breeze impressions derived from the people I talk to and what I read. It is … Continue reading

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

Al-Sweady v Secretary of State for Defence: blame for e-Disclosure failures gets personal – and public

The Court of Appeal has castigated a Minister, the Treasury Solicitor, and a serving army officer by name, for disclosure failures in a judicial review application derived from the Iraq war. You do not need such an elevated cast of … Continue reading

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

Marketing political parties is like marketing anything else

No one interested in marketing could fail to appreciate a British general election. I do not disguise my own political affiliation (broadly described as “anything but Labour”) but I will both try to be even-handed in my observations on the … Continue reading

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

Hear Master Whitaker at ILTA INSIGHT 2010 on 27 April

ILTA INSIGHT 2010 takes place on 27 April at the Grange St Paul’s Hotel.  INSIGHT 2010 is ILTA’s 5th annual event in the UK and brings a pocket-sized and UK-focussed version of the excellent main ILTA conference, which I go … Continue reading

Posted in Court Technology, CPR, Discovery, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, HM Courts Service, ILTA, Legal Technology, Litigation, Litigation costs, Litigation Support, Lord Justice Jackson | Leave a comment

Reminder: 7Safe eDiscovery networking event tomorrow

A reminder that 7Safe are hosting an eDiscovery networking event tomorrow evening at the The Hoxton Hotel, 81 Great Eastern Street, London EC2A 3HU at 6.30pm. I will be giving a brief overview of the many developments which are going … Continue reading

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IQPC Corporate Counsel Exchange in Brussels 18 – 20 April

I am off to Brussels at the weekend for IQPC’s Corporate Counsel Exchange. The format for this conference is rather different from the conventional series of panel discussions and platform speeches – there are plenty of these, but the primary … Continue reading

Posted in Brussels, Clearwell, Discovery, DocuMatrix, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, EU, IQPC, Kroll, LexisNexis, Litigation Support, Regulatory investigation, Trilantic | Leave a comment

LSB OK for BSB’s ABSs and LDPs under the LSA – what does it all mean?

I don’t really do cutting edge when it comes to reporting legal developments. Sometimes there is a story worth running on the day – one software supplier buys another, or an important judgment comes out. Occasionally I get a tip-off … Continue reading

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

Substantial e-Disclosure figures exercise for charity

Andrew Haslam of Allvision and Nigel Murray of Trilantic have one or two things in common: they are both long-time and well-known figures in the UK e-Disclosure scene, and are both figures of substance in more ways than one, usually … Continue reading

Posted in Andrew Haslam, eDisclosure, eDiscovery, Electronic disclosure, Trilantic | Leave a comment

Ofsted has shown us WHY we should collect data properly and now lawyers must find out HOW

We do not yet know if Ofsted’s failure to give proper disclosure in the Shoesmith litigation was the result of cock-up or conspiracy – I am hedging my bets and assuming both that Ofsted fouled it up and that the … Continue reading

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

Jonathan Maas joins Ernst & Young

Jonathan Maas has joined Ernst & Young as an Assistant Director in its Forensic Technology & Discovery Services team in London. This is good news for both of them. It is also good news for the development of electronic Disclosure … Continue reading

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

Marketing: put yourself in the position of the putative punter before publishing

Marketing legal IT solutions has more in common with marketing a political party than one might think – the product in both cases is something which the target audience would like to be able to do without, and all the … Continue reading

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

eDiscovery April Fools

I have already written about Applied Discovery’s Reviewitter.  CaseCentral came up with the first eco-embedded, carbon-neutral, green platform for environmentally efficient eDiscovery. Good stuff, albeit slightly undermined by the fact that so much verbal effluent is tossed out into the … Continue reading

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

Ofsted altered report against Shoesmith and ordered deletion of documents

The title of the BBC report about the Sharon Shoesmith / Ofsted / Ed Balls disclosure row now reads Ofsted changed Shoesmith report. The documents in the BBC’s possession also apparently show an instruction to delete documents relating to “Baby … Continue reading

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

Germany focuses on data protection and privacy

Americans may be tempted to think of EU data protection and privacy laws as being an obstacle deliberately placed in the way of conscientious US lawyers who are merely trying to do their job. That reaction is unsurprising, since that … Continue reading

Posted in Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, EU | Leave a comment

Ofsted report was “beefed up” to remove Shoesmith

The Guardian newspaper is the first to carry a substantive report following the release today of papers relating to Ofsted’s late disclosure of documents in Sharon Shoesmith’s action against Haringey, Ofsted and Ed Balls – see Baby P report on … Continue reading

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Applied Discovery launches Reviewitter – a new review tool for e-Discovery

Today, 1 April, Applied Discovery announces the launch of a new review tool. Called Reviewitter, it is designed to allow the truncation and review of unstructured data into 140 character reviewable documents. The press release carriers an endorsement from Greg … Continue reading

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

More coming on the Shoesmith – Ofsted – Balls e-Disclosure fiasco

We do not really do breaking news here, but rumour reaches me that we may hear more today about Ofsted’s disclosure failures in Sharon Shoesmith’s application for judicial review of the decision to dismiss her. Even as I write, apparently, … Continue reading

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

A week of positive opportunities in e-Disclosure

There are two reasons for running a week’s worth of reports and comments into a single article. The least meritorious of them is that I will not keep up with it all if I do not do a composite post. … Continue reading

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

Reasonably accessible tapes in cartoon and Court of Appeal

I resist passing on all Tom Fishburne’s wonderful Case in Point cartoons which he does for CaseCentral – this is supposed to be a serious place, and I don’t want Fishburne eclipsing my own occasional forays into the lighter side … Continue reading

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