Category Archives: eDiscovery

What do people actually do in e-disclosure?

What began as an analysis of women in e-disclosure turns into the idea of writing about the daily work of people of all kinds whose work involves e-disclosure. The aim is to make the business of e-disclosure more approachable both … Continue reading

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Law Society regional e-Disclosure training

The Law Society has just published the programme and venue listings for its electronic disclosure training series under the title E-disclosure – the rules, the practice and the benefits. This begins in London on 13 May and goes to Birmingham, … Continue reading

Posted in Case Management, Commercial Court, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Law Society, Litigation Support, Millnet | Leave a comment

ILTA INSIGHT 2008

ILTA INSIGHT 2008 takes place on 15 April at the Hilton London Tower Bridge. I will be speaking there with Mark Surguy of Pinsent Masons and HHJ Simon Brown QC in a session to report on the progress which has … Continue reading

Posted in Case Management, Commercial Court, Court Rules, Courts, CPR, Disclosure Statement, Discovery, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, ILTA, Legal Technology, Litigation Support | Leave a comment

E-discovery progress in Australia

There is a more than theoretical interest in what is happening in disclosure in other jurisdictions. We are all facing the same challenges, and it is helpful to know what the problems, and the perceived solutions, are in far-away places … Continue reading

Posted in Australian courts, Case Management, CaseMap, Court Rules, Courts, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, eDiscovery Tools, LexisNexis, Litigation Support | Leave a comment

Attracting readers for electronic disclosure

I do not have any sophisticated means of tracking the visitors to this blog, but WordPress shows me which pages have been read how many times and allows me to distinguish between real views and those made by crawlers and … Continue reading

Posted in Case Management, CaseMap, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Epiq Systems, Litigation Support, SEO, Web Sites and Blogs | Leave a comment

Relevant is irrelevant to standard Disclosure

I spend a sadly disproportionate amount of my life touring the Web with the aid of Google, looking for things which are relevant to disclosure of documents, and in particular electronic disclosure. Look, I even talk like Part 31 of … Continue reading

Posted in Case Management, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, ILTA, Litigation Support | Leave a comment

Women in e-Discovery

Rumour reaches me of the foundation of a UK group called Women in e-Discovery run, I assume, on lines similar to the successful US group of the same name. I would love to tell you more, but no-one has told … Continue reading

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Epiq Systems buys Pinpoint Global

Epiq Systems, who have recently released DocuMatrix 12, the international version of their document review software, have announced the further expansion of their UK business with the acquisition of Pinpoint Global Ltd. Pinpoint are best known for their proprietary processing … Continue reading

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LDM shows CaseMap integration

Regular readers will know that I am an enthusiast for CaseMap as a low-cost tool both for its primary purpose – the linking of litigation facts to issues – and as a simple way to handle disclosure. If today’s postings … Continue reading

Posted in Case Management, CaseMap, Commercial Court, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, LexisNexis, Litigation Support | Leave a comment

Judge how CaseMap gets to the issues

I went to Birmingham last week with LexisNexis to show a judge what CaseMap can do. Why is it important for judges to see solutions like this, and what is CaseMap’s role in handling the issues in litigation? Part of … Continue reading

Posted in Case Management, CaseMap, Commercial Court, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, LexisNexis, Litigation Support | Leave a comment

LiST publishes draft Disclosure Statement

The LiST Group has published a draft revised Disclosure Statement on its Publications page. The draft was submitted to the DCA (as was) in 2006 with a view to kick-starting a discussion about this under-regarded element in the disclosure process. … Continue reading

Posted in Case Management, Court Rules, Courts, CPR, Disclosure Statement, Discovery, eDisclosure, eDiscovery, LiST, Litigation Support | Leave a comment

For the avoidance of doubt…

Those of you excited by my report yesterday of a District Judge striking out both statements of case for failure to comply with a practice direction did, I hope, get to the bottom, where the words “fool” and “1 April” … Continue reading

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How do I find out about electronic disclosure?

The e-Disclosure Information Project began in response to a perceived need for different players in the e-disclosure field to know more about what the others were doing. In the last few months, I have heard or heard of things like: … Continue reading

Posted in Case Management, Court Rules, Courts, Discovery, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Legal Technology, Litigation Support | Leave a comment

LiST Group expands

I have written appreciatively about the work of the Litigation Support Technology Group – LiST – on my web site. LiST is a think-tank, whose members – all skilled and experienced litigation support people in law firms and analogous organisations … Continue reading

Posted in Case Management, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, LiST, Litigation Support | Leave a comment

Directions initiative in Birmingham

Practitioners in the Birmingham Mercantile Court are being sent a draft order for directions which includes provisions aimed at tighter case management. Why is this useful, and what if you genuinely think that the proposed order should not apply in … Continue reading

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H5 gets safe harbor certification

H5, the high-end provider of automated document analysis and information risk management services for the legal industry, has obtained safe harbor certification from the US Federal Trade Commission. Most US companies whose business involves handling EU-derived data now have such … Continue reading

Posted in Data Protection, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, EU Safe Harbor, H5, Litigation Support | Leave a comment

Summation back in the UK

Summation is one of the older litigation support software companies – it was founded in 1988. It has made a few attempts to break into the UK market but these fizzled out mainly (to my eye) for lack of a … Continue reading

Posted in Courts, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Epiq Systems, Litigation Support, Summation | Leave a comment

Defensibility of the UK e-Disclosure process

Do the UK courts ever question the manner in which electronic evidence was collected? It is a source of much contention in the US but we have little case law directly on the point here. It is clearly vital to … Continue reading

Posted in Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, FoxData, FRCP, Guidance Software, Litigation Readiness, Litigation Support | Leave a comment

Another e-Disclosure event in Birmingham

A second talk to Law Society members in Birmingham revealed more enthusiasm for electronic disclosure than one might expect given the amount actually done. How do we translate that enthusiasm into action? The only action required is to ask a … Continue reading

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Anacomp captures new sources of information

Anacomp announces new alliances which bring hosted capture to its already broad range of services. The trend towards a one-stop shop will appeal to many. Anacomp, best known until last year for its docHarbor document repository, has taken a further … Continue reading

Posted in Case Management, CaseLogistix, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Epiq Systems | Leave a comment

The Qualcomm CREDO Program

The judge who heard the sanctions part of the Qualcomm case set out a program for devising an action plan to prevent future disclosure violations. UK companies may like to measure their own preparedness against it. On 30 January I … Continue reading

Posted in Case Management, Courts, Discovery, Document Retention, eDisclosure, eDiscovery, Kroll, Legal Technology, Litigation Readiness, Litigation Support | Leave a comment

Discovering what to do about e-disclosure

The paucity of blog postings recently does not imply that there is nothing to write about On the contrary, there is too much going on to stop and write it all up. A quick summary of what has come up … Continue reading

Posted in Case Management, Commercial Court, Court Rules, Courts, CPR, Discovery, eDisclosure, eDisclosure Conferences, eDiscovery, LexisNexis, Litigation Readiness, Litigation Support | Leave a comment

UK judge flies e-Disclosure flag in New York

His Honour Judge Simon Brown QC of the Birmingham Mercantile Court went to New York last week to take part in a judicial panel on the subject of eDisclosure. The resulting debate should make audiences sit up on both sides … Continue reading

Posted in Case Management, Commercial Court, Court Rules, Courts, CPR, Discovery, eDisclosure, eDisclosure Conferences, eDiscovery, FRCP, Guidance Software, IQPC | Leave a comment

An effective remedy for prolixity

I reported earlier today (Commercial Court judges set out their case management intentions) on the Commercial Court judges’ intention to limit the length of pleadings, witness statements etc as part of their firm commitment to cut the crap (they did … Continue reading

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Commercial Court judges set out their case management intentions

A well-attended meeting of the Commercial Litigators’ Association on Monday was left in no doubt that the Commercial Court judges intend to follow closely the recommendations of the Commercial Court Long Trial Working Party Allen & Overy were the hosts … Continue reading

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Networking thoughts after LegalTech

The LegalTech cud is still being chewed. The graph below show page views on this blog down to today, with an encouraging upward trend. The actual visits are not huge in absolute terms – 163 page views on one day … Continue reading

Posted in Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, FRCP, Litigation Support, Trilantic | Leave a comment

LDSI and LiveReview

I am not sure how I have worked in the litigation support industry for 15 years without meeting Noel Kilby, nor why it should, eventually, have been easier to do so in LDSI’s office in New York when we are … Continue reading

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Howrey sets up in India

Howrey, the US and global law firm known as much for its trial and litigation support services as for its legal practice, has opened an office in Pune, India, to handle its document management and similar functions. This, as the … Continue reading

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Guidance on the Human Factor in eDiscovery

My first port of call in New York last week was Patrick Burke, Assistant General Counsel at Guidance Software. I did a webinar with Patrick over Christmas (Americans don’t really do Christmas I discover – the last e-mail in on … Continue reading

Posted in Case Management, Commercial Court, Court Rules, Courts, CPR, Discovery, Document Retention, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, FRCP, Guidance Software, Legal Technology, LegalTech, Litigation Readiness, Litigation Support | Leave a comment

Basketball pointers for litigation management

eDiscovery Tools is an Australian company which makes software for processing e-mail and other electronic documents for litigation and similar purposes. Its main product is eDiscovery Processor, used by law firms, corporate clients, government departments and litigation support bureaux to … Continue reading

Posted in Australian courts, Case Management, Commercial Court, Court Rules, Courts, E-Discovery Suppliers, eDisclosure, eDiscovery, eDiscovery Tools, LegalTech, Litigation Support | Leave a comment

Trilantic delivers Translation Services

Trilantic has launched Trilantic Translation Services (TTS) which, they say, is the first translation service which uses the accuracy of human translation with the power of technology. TTS is described as a robust, highly effective, fast translation service [which] is … Continue reading

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Anacomp and IPRO announce strategic alliance

Anacomp has announced an alliance with IPRO which will integrate IPRO’s eCapture software application into CaseLogistix. Anacomp does rather good press releases this days and I cannot better their own description The integration between IPRO eCapture and CaseLogistix eliminates batch … Continue reading

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Anacomp introduces hosted CaseLogistix

Anacomp, the business process solutions company which acquired CaseLogistix last year, has announced that it is now making CaseLogistix available on-demand via its hosted docHarbor information platform. CaseLogistix was anyway one of the most interesting litigation support review applications on … Continue reading

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Service with a snarl undoes technology miracles

Good technology must be matched by good people, and it is often the people who let it down. Any technology budget must include a large element for support and training. It is not just the salesmen who need a good … Continue reading

Posted in CaseLogistix, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Legal Technology, LegalTech, Litigation Support | Leave a comment

Pocketing the key technology at LegalTech

My new Blackberry helps me organise what is important. It does not decide what is important. The same should be true of e-disclosure applications. Both are an aid to efficient processes, not a substitute for them. My heading may have … Continue reading

Posted in E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Legal Technology, LegalTech, Litigation Support | Leave a comment

Feeling at home back at LegalTech in New York

You come to this site, I know, for sharp, incisive, witty stuff about the e-disclosure world, the court rules, the case law, the new developments. There is plenty of that at LegalTech here in New York, but those who do … Continue reading

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Legal Technology Awards 2008

The Legal Technology Awards 2008 happened five days and an ocean away – two oceans, in fact, one called the Atlantic and one poured from various bottles on both sides of the Atlantic. Both time and tide mean that my … Continue reading

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The cost of printing electronic documents

Charles Christian’s Orange Rag has a helpful article called Think before you Print which sets out the costs of printing documents for review – which involve more than the bare printing costs. It is by no means a finger-wagging, tut-tutting … Continue reading

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The impact of Qualcomm for UK lawyers

The sanctions judgment in Qualcomm v Broadcomm emphasises for UK lawyers the apparent conflict between their duty to ensure that their clients give full disclosure and their parallel obligation to keep disclosure proportionate. The two duties are not in fact … Continue reading

Posted in Case Management, Commercial Court, Court Rules, Courts, CPR, Discovery, eDisclosure, eDiscovery, FRCP, Litigation Support | Leave a comment

Discovery Mining passes source code audit

Discovery Mining has announced that the source code of its Web-hosted online review application has passed a rigourous security audit. The security of the data we put into the hands of others is a hot topic at the moment, as … Continue reading

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Spotting the turning-point at the starting-point

The main character in the film The Butterfly Effect explores every possible event in his search for the right answer, only identifying the correct turning point at the end of the last reel, after much unnecessary tribulation. The aim of … Continue reading

Posted in Case Management, Commercial Court, Court Rules, Courts, CPR, Discovery, eDisclosure, eDiscovery, Legal Technology, Litigation Support | Leave a comment

E-Disclosure – What does the court expect?

His Honour Judge Simon Brown QC told a London conference audience what the UK courts expect from those who appear before them when electronic disclosure is a big element in a case. I have written separately about the conference organised … Continue reading

Posted in Case Management, Commercial Court, Court Rules, Courts, CPR, Discovery, Document Retention, eDisclosure, eDisclosure Conferences, eDiscovery, KPMG, Litigation Readiness, Litigation Support | Leave a comment

Growing interest in e-disclosure sources

A picture, they say, is worth a thousand words, so to save a lot of typing, I give you the graph which my Blog host, WordPress, produces to show the hits since I began the blog a year ago. The … Continue reading

Posted in Court Rules, Courts, CPR, Discovery, Document Retention, eDisclosure, eDisclosure Conferences, eDiscovery, Litigation Support | Leave a comment

Heavyweight appointments by H5

H5, the San Franciso-based provider of automated document analysis and information risk management services for the legal industry, has made two top-flight appointments in the last few days. Raymond L Ocampo Jr, former senior vice president, general counsel and secretary … Continue reading

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Intimidation by Terabyte – scope of e-disclosure

The judgment in Hands v Morrison Construction Services Ltd [2006] may have related to the special circumstance of an application for pre-action disclosure in the TCC, but it has some messages applicable to e-disclosure generally We are very short on … Continue reading

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Debating the Aikens Report

I wrote on Friday (Give more credit to the Aikens Recommendations) with a more positive view of the Long Trial Report and Recommendations than had been given by John Reynolds of White & Case (Aikens misses the big picture) in … Continue reading

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Give more credit to the Aikens Recommendations

John Reynolds, a partner in White & Case, shows less than enthusiasm for the Commercial Court Long Trials Report and Recommendations in an article published yesterday on Legal Week’s web site. The Recommendations deserve more credit. The article, headed Aikens … Continue reading

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Marcus Evans conference – E-Discovery Strategies

A good e-Disclosure conference will make you want to know more or, at least, will ring an alarm bell in due course. There are pitfalls to know about and practice development opportunities being missed. I am just back from a … Continue reading

Posted in Court Rules, Courts, CPR, Data Protection, Discovery, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, FRCP, Guidance Software, LexisNexis, Litigation Readiness, Litigation Support | Leave a comment

Predicting litigation responsibility for 2008

The big changes in litigation for 2008 both concern responsibility – the authority and knowledge of the person who gives the Disclosure Statement and the direct responsibility at boardroom level for the time and cost of heavy litigation. Both represent … Continue reading

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Australia updates Federal Court ediscovery rules

New court rules for handling electronic documents are expected in Australia before the end of 2007. They will bite on as few as 500 documents, there will be a court-appointed expert to manage cases, and there is a massive investment … Continue reading

Posted in Australian courts, Court Rules, Courts, CPR, Discovery, eDisclosure, eDiscovery, Legal Technology, LiST, Litigation Support | Leave a comment

Litigation insurers have an interest in eDisclosure

My heading is not a report that litigation insurers have actually shown an interest in electronic disclosure. They clearly have an interest, though, in the sense that their interests must lie in anything which has the potential to bring parties … Continue reading

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Victor Limongelli now CEO of Guidance Software

Guidance Software announced last week that Victor Limongelli has been appointed Chief Executive Officer. I met Victor at a conference in London earlier this year. He is easy to spot – an American executive who speaks knowledgeably about the English … Continue reading

Posted in Court Rules, CPR, Discovery, Document Retention, E-Discovery Suppliers, eDisclosure, eDiscovery, Guidance Software, Litigation Readiness, Litigation Support | Leave a comment

First e-disclosure training for judges

I led an e-disclosure training session in Birmingham last week for a room-full of District Judges and Specialist Judges from Chancery and Mercantile Courts in Birmingham, Bristol, Manchester and Leeds. We covered the Practice Direction to Part 31 CPR, the … Continue reading

Posted in Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, FoxData, LiST, Litigation Support | Leave a comment

T3 – Trial Tactics and Technology in London

A mock eDiscovery hearing yesterday in front of real judges would have put UK litigation lawyers on notice of rough rides ahead if they are less than fully prepared to justify what has been done or not done to control … Continue reading

Posted in Court Rules, Courts, CPR, Data Protection, Discovery, Document Retention, eDisclosure, eDisclosure Conferences, eDiscovery, FRCP, FTI Technology, Legal Technology, Litigation Readiness, Litigation Support, Trilantic | Leave a comment

Throw it over the wall Discovery

Both the legal and IT worlds have technical expressions and terms of art which tend to exclude outsiders. Litigation support and e-Disclosure have feet in both these camps and a reasonable share of terms which do not mean much to … Continue reading

Posted in eDisclosure, eDiscovery, EDRM, Lit Sup Technical, Litigation Readiness, Litigation Support | Leave a comment

US court rejects production of paper documents

The US Electronic Discovery Blog carries a story under the heading Court rejects paper production as inadequate and orders production in electronic format. The court had suggested that “whatever is electronically available.. be made available in electronic format”. The Defendants … Continue reading

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Richard Susskind and the End of Lawyers

Richard Susskind’s long-term prediction that the work of lawyers will break up into “identifiable and discrete pieces” applies here and now to electronic Disclosure. The discrete stages of first identifying and culling, and only then analysing, document populations do not … Continue reading

Posted in Court Rules, Courts, CPR, Discovery, Document Retention, eDisclosure, eDiscovery, FRCP, KPMG, Legal Technology, Litigation Readiness, Litigation Support | Leave a comment

E-Discovery conference in London January 2008

Marcus Evans, the international conference organiser, asked me some time ago to be a speaker at their E-Discovery and Document Management Strategies Conference in London on 14 and 15 January 2008. The request coincided with the opportunity to organise e-Disclosure … Continue reading

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Useful pointer to US e-Discovery sources

The Information Governance Engagement Area has a link to a useful article which pulls together the key US sources on e-Discovery matters. The article, by Robert Ambrogi in Law Technology News, is called EDD Bytes to feed your firm’s knowledge … Continue reading

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Training for judges in e-Disclosure

“I have been asked to develop and deliver a training course for judges on the subject of e-disclosure. There are two broad headings – the nuts and bolts of the technology and the proactive use of the CPR to encourage … Continue reading

Posted in Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, FoxData, LiST, Litigation Support | Leave a comment

Electronic evidence and e-discovery forum 2007

The skills and tools developed for urgent regulatory compliance and forensic analysis have benefits for cost-effective electronic Disclosure in litigation. I am just back from the Electronic Evidence and e-Discovery forum run by AKJ Associates, a two-day conference at which … Continue reading

Posted in Court Rules, Courts, CPR, Discovery, Document Retention, eDisclosure, eDiscovery, FRCP, Litigation Readiness, Litigation Support | Leave a comment

Predicting the end of e-Discovery?

At first sight, a ruling made in Delaware last week appears to predict the end of e-Discovery. A closer reading reveals a terminological confusion and the common-sense conclusion that clients will find a different way of resolving their disputes if … Continue reading

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IT goes a lot faster than people for discovery

My heading comes from an article called The Data Explosion at Forbes.com (you need to sign up as a member, or more easily found here) about H5, the San Francisco company specialising in large-scale document analysis and the management of … Continue reading

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US courts’ hard line on Discovery failures

The US courts are coming down heavily on inadequate Discovery of e-mail and other electronic sources of information, and accepting few excuses for non-compliance with the Rules. Events in a far away country of which we know little (as Chamberlain … Continue reading

Posted in Court Rules, Courts, CPR, Discovery, Document Retention, eDisclosure, eDiscovery, FRCP, Litigation Readiness, Litigation Support | Leave a comment

Small PDFs and best OCR for eDiscovery

Use Abbyy FineReader to OCR .tiff images and save to .pdf and then use Adobe Acrobat 8 Professional to save in JBIG2 format. It sounds a long route but the results are smaller and better than anything else I have … Continue reading

Posted in Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Lit Sup Technical, Litigation Support, OCR, PDF | Leave a comment

Agree on Disclosure – or the judge will decide for you

If the parties fail to agree on the handling of electronic sources of information as required by the Practice Direction to Part 31 CPR, the judge might impose his own ideas on them. The result may please neither side. This … Continue reading

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E-Disclosure, Needles and Haystacks 3 – Keywords

This is the third article which looks at issues raised by Alex Charlton and Matthew Lavy in an article in the April / May 2007 edition of the SCL’s Computers & Law Magazine. The opening article is here. This section … Continue reading

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Too much EDD about EDD

…and too many ESIs about ESI. Those of us who watch the discovery and compliance industry have the same problem as the lawyers have with their clients’ documents – getting at the stuff which matters. I have started reading the … Continue reading

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OutIndex hires Senior Application Architect

I wrote approvingly recently (OutIndex imports orators as well as Outlook) about OutIndex, whose applications allow users to bring in house the process of collecting, indexing and reviewing electronic files, whether mail messages from Outlook or Lotus Notes, or Word … Continue reading

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TRILANTIC cited as a top eDiscovery provider

A coup for Nigel Murray and TRILANTIC as ILTA opens in Orlando. Trilantic was named as a Top 20 eDiscovery provider based on Law Firm recognition. In addition, they were cited as a Top 10 provider in the (trial) presentation … Continue reading

Posted in Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, ILTA, Litigation Readiness, Litigation Support, Trilantic | Leave a comment

In Orlando, now that ILTA’s there

I pack my bag, and in it I put a Marriott hotel in Orlando, ILTA, the Practice Direction to Part 31 CPR, a document retention policy, a litigation support training course, an e-Disclosure conference, some needles and haystacks, All Souls … Continue reading

Posted in Court Rules, Courts, CPR, Discovery, Document Retention, eDisclosure, eDiscovery, ILTA, Litigation Readiness, Litigation Support, SEO, Web Sites and Blogs | Leave a comment