Category Archives: eDiscovery

Epiq Systems Breakfast Seminar: Cross-Border Regulatory Investigations

The UK Bribery Act is now on us, having come into force on 1 July. Like the Foreign Corrupt Practices Act in the US, the Bribery Act has highlighted the importance of information management and of eDiscovery techniques and processes … Continue reading

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

Co-operation, calendars and change: eDiscovery parallels from Trafalgar

A strutting, ambitious Frenchman with platform heels and an attractive wife wants to make all Europe subject to French bureaucracy. A union of European states wants to take all Britain’s assets and make her people obey foreign laws. The British … Continue reading

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

MoJ Consultation on Civil Justice and Bash-a-Burglar: every man for himself replaces access to justice

Lady Hale’s speech on access to justice, the government’s “bash a burglar” scheme, issuing proceedings in Salford, competition from Singapore for dispute resolution as well as banking, eDisclosure and hoods packing heat – all in 2,000 words. A Ministry of … Continue reading

Posted in Access to Justice, Civil justice, Courts, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Mediation and ADR, Ministry of Justice | Leave a comment

Time to take the next steps: a Hong Kong eDiscovery conference

Leaving aside Australian conferences, this was my fourth AsiaPac event. Two years ago, I co-chaired a conference for LexisNexis in Singapore. Shortly after that, Jeffrey Teh and others from LexisNexis set up InnoXcell to bring business events to the region. … Continue reading

Posted in Catalyst, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, Forensic data collections, FTI Technology, Litigation, Nuix, Recommind | Leave a comment

The Discovery skills of Hong Kong cab drivers

I am in Hong Kong, having just finished the two-day InnoXcell eDiscovery conference. The purpose at these conferences – my purpose anyway – is to encourage lawyers to know their way around the rules, the practice and the technology so … Continue reading

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

Predictive Coding Wars: Recommind Contra Mundum

It is a novel experience to spend a whole Saturday writing a 4,330-word article whose conclusion is that none of its subject-matter is really very important to one’s readers, however much it means to the participants in the story. If … Continue reading

Posted in Clearwell, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Equivio, FTI Technology, H5, Recommind | Leave a comment

Virtual LegalTech on 16 June – Advanced Litigation Technologies with LeClairRyan

I took part in the very first Virtual LegalTech, ALM’s imaginative way of delivering webinars online in a series running through a day, giving delegates most of the benefits of attending a conference without the cost and burden off getting … Continue reading

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

Georgetown Law eDiscovery Training Academy crosses the bridge

The technology I really want to see is a time machine or some kind of teleportation device. I once attended conferences in Barcelona and Sydney in the same week. I have had breakfast in Sydney and dinner in Washington on … Continue reading

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

eDiscovery in Germany: moderating a conference for AccessData in Frankfurt

It was a dark and stormy night, and as he watched the lightning split the clouds and heard the thunder rolling across the castle’s turrets and towers, he thought sod this for a game of soldiers. With six unbroken hours … Continue reading

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

Australian Discovery Report stresses Case Management, Consistency and Understanding

The Australian Law Reform Commission published its final report Managing Discovery: Discovery of Documents in Federal Courts at the end of May. The net effect of the recommendations is conveniently set out in the final issue of the ALRC’s Discovery … Continue reading

Posted in Australian courts, Discovery, eDisclosure, eDiscovery, Litigation | Leave a comment

IQPC 2011 Information Retention and eDiscovery Exchange Survey

I wrote approvingly of IQPC’s Information Retention and eDiscovery Exchange which took place in Munich towards the end of 2010. I have been involved in some of the discussions about the 2011 equivalent, which will take place at the Kempinski … Continue reading

Posted in Discovery, Document Retention, eDisclosure, eDiscovery, IQPC, IQPC Exchange | Leave a comment

UK Law Firms should come to ILTA 2011 – August 21-25 in Nashville

ILTA is the International Legal Technology Association, an organisation committed to encouraging the advance of technology in law firms and, just as importantly, the advance of law firms by the use of technology. Its guiding principle is peer encouragement – … Continue reading

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

Epiq Breakfast Seminar on Cross-Border Regulatory Investigations on 14 June

Epiq Systems is holding a breakfast seminar in London on 14 June called the Challenges of Cross Border Regulatory Investigations. The speakers are Professor Dominic Regan, David Cracknell of Slaughter and May, Vince Neicho of Allen & Overy, Mark Surguy … Continue reading

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

East, West Home’s Best – to a Midlands Law Firm with Epiq Systems

A trip by train to talk to a regional law firm gives an excuse to recommend the iPad as a library of those documents you will never read at your desk, and to recommend two papers in particular which address … Continue reading

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

Nigel Murray takes to his wheels again for Help the Heroes

It is that time of year again. Nigel Murray of Huron Legal sets off this weekend for another arduous cycle ride across Northern France in aid of the charity Help for Heroes. His blog page is suspiciously light on training … Continue reading

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

LDM Global takes the UK Bribery Act and the FCPA to New York

As befits any ediscovery / edisclosure company with the word “Global” in its name, LDM Global is running in New York an equivalent of the session which I did with them and McGuireWoods recently in London. Called the UK Bribery … Continue reading

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

Final Reminder: AccessData EDiscovery Seminar in Frankfurt on 7 June

This is a final reminder of an event taking place in Frankfurt on Tuesday 7 June at which I am moderating a conference on ediscovery for EU, and specifically German, companies. The conference, which is organised by AccessData, includes a … Continue reading

Posted in AccessData, Discovery, eDiscovery | Leave a comment

The Gartner Magic Quadrant for EDiscovery Software and other EDiscovery Market Matters

As I have often said, I am content to stick to my own part of the e-Disclosure / e-Discovery world and leave others to theirs. Deciphering market trends is the job of analysts; journalists can react quickly to news; the … Continue reading

Posted in CEIC, Clearwell, Discovery, eDisclosure, eDiscovery, Electronic disclosure, EMC, Epiq Systems, Guidance Software, IQPC, Nuix, Symantec | Leave a comment

Judicial Panel at CEIC has messages for other jurisdictions

Although primarily a forensics conference, CEIC, the Computer Enterprise and Investigations Conference, has an e-discovery track whose purpose is to raise awareness of the context in which data forensics are used beyond the law enforcement where they began. The cross-border … Continue reading

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

UK Government bids for a world-class legal reputation whilst neglecting the basics back home

The UK Ministry of Justice has launched a paper called Plan for Growth: Promoting the UK’s Legal Services Sector. The opening, at least, is admirably crisp for a civil service document: It identifies the law as one of Britain’s strengths…. … Continue reading

Posted in Court Rules, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Lord Justice Jackson, Ministry of Justice, Singapore | Leave a comment

EU-US EDiscovery – Data Transfer Role-Play at CEIC

One of my reasons for going to CEIC 2011 in Orlando was to take part in a panel about international EDiscovery. The panel was called International EDiscovery: Data Protection, Privacy and Cross-Border Issues and was led by Patrick Burke, Assistant … Continue reading

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

AccessData EDiscovery Conference in Frankfurt on 7 June

I am very much looking forward to speaking at and moderating an EDiscovery conference run by AccessData at the impressive Schlosshotel Kronberg near Frankfurt on 7 June. The programme is here. The speakers come from Siemens AG, from a US … Continue reading

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

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

If judges can rate barristers then barristers should be able to rate judges

The Master of the Rolls is considering the idea that judges should rate the quality of the barristers who appear before them, with marks out of ten for various elements in their performance – a kind of Strictly Come Advocating, … Continue reading

Posted in Case Management, eDiscovery, Electronic disclosure, Judges | 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