Category Archives: Electronic disclosure

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

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

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

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

Getting back to the e-Disclosure day job

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

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

Master Whitaker and Trilantic encourage e-Disclosure in Dubai

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

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

Another London doorway to Equivio technology

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

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

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

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

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

Lessons from Applied Discovery Proportionality panel in Toronto

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

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

A quick eDiscovery trip to Singapore

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

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

Proportionality making you think and making you laugh

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

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

Addressing the outsourcing of document review

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

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

Having the Acuity to determine Relevance with Predictive Coding

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

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

Sedona Conference Commentary on Proportionality in Electronic Discovery

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

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

Technology providers strike up long-term links with clients

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

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

Roundup of The Masters Conference 2010

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

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

Back from the Masters Conference in Washington

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

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

London litigation support party coincides with eDisclosure Practice Direction launch

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

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

Low-tech privacy breaches

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

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

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

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

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

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

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

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

AccessData joins the e-Disclosure Information Project

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

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

E-Disclosure and E-Discovery at home and abroad

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

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

Mrs Justice Gloster on disclosure of documents in the Commercial Court

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

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

Inquiry blog – Discovery of Documents in Australian Federal Courts

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

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

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

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

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

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

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

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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

Missing my Dragon

Jonathan Maas of Ernst & Young says that I missed  a trick in my account of the laptop which died en route to Las Vegas and which I had to replace and set up in order to do a webinar … Continue reading

Posted in CEIC, Discovery, Document Retention, eDiscovery, Electronic disclosure, Ernst & Young, 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