Category Archives: Electronic disclosure

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

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

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

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

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

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

FTI Consulting partnership makes Late Shift possible for National Portrait Gallery

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

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

Video illustration of forensic collections tool

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

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

Imminent reform in prospect for Australian discovery process

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

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

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

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

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

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

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

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

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

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

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

Women in eDiscovery at IQPC on 18 May

It is not too late to sign up for the women in e-Discovery session at IQPC’s Information Retention and e-Disclosure Summit on Wednesday 18 May. The conference itself runs from Monday 17 May and the Women in eDiscovery session takes … Continue reading

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

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

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

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

Singapore e-Discovery judgment shows international commonality and active management

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

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

Listening to myself talking about e-Disclosure for the IQPC Information Retention and E-Disclosure Summit

I have been listening to a podcast which I made recently for IQPC as part of the run-up to their Information Retention & E-Disclosure Management Summit in London on 17-19 May 2010. It can be accessed from the Summit’s home … Continue reading

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

The 2010 Duke Conference on US Civil Litigation

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

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

Recommind research shows UK companies not ready for e-Disclosure

I spent much of today digging out quotations from judgments whose theme was inexcusable e-Disclosure failures, which I need for a paper which I am writing. We have had a run of cases in the UK where significant costs have … Continue reading

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

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

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

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

EDiscoveryMap helps navigate cross-border issues

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Shoesmith loses judicial review but disclosure candour questions remain open

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

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

Shoesmith judgment due today

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

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

Plenty to do in an ever busier eDiscovery market

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

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

Cable & Wireless beats off Digicel claims

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

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

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

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

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

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

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

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

Marketing political parties is like marketing anything else

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

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

Hear Master Whitaker at ILTA INSIGHT 2010 on 27 April

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

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

Reminder: 7Safe eDiscovery networking event tomorrow

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

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

IQPC Corporate Counsel Exchange in Brussels 18 – 20 April

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

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

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

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

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

Substantial e-Disclosure figures exercise for charity

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

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

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

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

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

Jonathan Maas joins Ernst & Young

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

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

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

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

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

eDiscovery April Fools

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

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

Ofsted altered report against Shoesmith and ordered deletion of documents

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

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

Ofsted report was “beefed up” to remove Shoesmith

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

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

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

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

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

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

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

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

A week of positive opportunities in e-Disclosure

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

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

Reasonably accessible tapes in cartoon and Court of Appeal

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

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

Using marketing to make people hate you

There is more to marketing than making yourself heard – that is just a process, achieved with money and effort. The objective, however, is to make people buy from you, not hate the sight and sound of your name. Bad … Continue reading

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

Gucci v Curveal: a blow for US interests – whichever way you understand that expression

British 19th Century “gunboat diplomacy” and the song The Wreck of the Old 97 are what came to mind when I read the latest Opinion of a US court about the relative importance of US interests and the laws of … Continue reading

Posted in Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, EU, Forensic data collections | Leave a comment

Legal Efficiency supplement in The Times today

Raconteur has produced an excellent supplement for today’s Times on Legal Efficiency which includes a report by Professor Dominic Regan of an interview with me. Having, as I do, the luxury of writing about anything I choose, it is good … Continue reading

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

Talking rather than writing – normal service will be resumed soon

The relative silence on these pages recently does not imply that I have run out of things to say (sorry about that) merely that I have had a good run of being out and about, or making plans for future … Continue reading

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

A flying visit to Edinburgh

The spate of blog posts last week-end was a clearing of the decks in the knowledge that I would not have much writing time for a bit. The Edinburgh trip which is the subject of this post is being followed … Continue reading

Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Forensic data collections, LiST, Litigation, Litigation costs, Litigation Support, Scottish Courts, Trilantic | Leave a comment

7Safe eDiscovery networking event on 15 April

7Safe is holding an eDiscovery networking event on Thursday 15 April at The Hoxton Hotel, 81 Great Eastern Street, London EC2A 3HU at 6.30pm. It is to mark the official launch of their hosting of Anacomp’s CaseLogistix, one of the … Continue reading

Posted in CaseLogistix, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Litigation costs, Litigation Support, Lord Justice Jackson | Leave a comment

Vector Investments: successful claimant made to pay for unhelpful disclosure

Is quite rare to come across UK cases where the quality and costs of disclosure become the subject of a reported judgment. In rare cases such as Digicel, Earles or Goodale, disclosure is either the primary subject-matter of the judgment … Continue reading

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

New e-Disclosure articles on the SCL website

The website of the Society for Computers & Law has two new articles about electronic disclosure. One is by barrister Clive Freedman of 3 Verulam Buildings and is called Disclosure: the Proposed Rule Changes. It summarises succinctly the elements in … Continue reading

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

Stratify and CaseLogistix manage e-Discovery for the Valukas report on Lehman collapse

I am reasonably sure that I will not find time to read the 2,200 page Valukas Report on the collapse of Lehman Brothers. Fortunately, Gregory Bufithis of The Posse List has extracted from it the description of the electronic discovery … Continue reading

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

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

It is very good to be able to extend a warm welcome to Recommind as a new sponsor of the e-Disclosure Information Project. As the focus for e-Discovery / e-Disclosure turns increasingly on to the way companies collect and manage … Continue reading

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

Welcome to H5 as a sponsor of the e-Disclosure Information Project

It is a great pleasure to be able to put up the logo of information retrieval company H5 as a new sponsor of the e-Disclosure Information Project. I described H5 in a recent article as “a cross between a commercial … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, EDRM, Electronic disclosure, H5, Litigation Support | Leave a comment

Standards and outcomes: Hitler, the NHS, the police, social workers – and e-Disclosure

My heading, I appreciate, looks like the components of some random word game. There is in fact a connection, and it is to do with the supremacy of result over procedure and of destination over the journey. Hitler, the NHS … Continue reading

Posted in Case Management, Civil justice, Court Rules, CPR, Discovery, eDisclosure, Electronic disclosure, Litigation, Litigation costs, Lord Justice Jackson, Part 31 CPR | Leave a comment

Free use of Equivio Early Case Assessment Software for up to one million documents

Equivio is offering to make its early case assessment application Equivio>Relevance available to a limited number of participants in what they call the Equivio>Relevance Challenge – see the press release and sign-up page for details. Most lawyers can understand the … Continue reading

Posted in Court Rules, CPR, Discovery, Early Case Assessment, eDisclosure, eDiscovery, Electronic disclosure, Equivio, Judges, Litigation, Litigation costs, Litigation Support, Lord Justice Jackson | Leave a comment

Cloud Computing: Privacy, Disclosure and Discovery Considerations

There is a free webinar on 11 March callled Privacy, Disclosure and Discovery Considerations stemming from Cloud Computing. It is put on by Wave University and CT Summation and the speakers are Dan Regard of iDiscovery Solutions, Inc., eDiscovery Specialist … Continue reading

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

Cats Legal partners with Digital Reef

I wrote recently about Cats Legal, the combination of established print solutions provider Cats Solutions and litigation support provider LDSI (see Cats Solutions combines with LDSI to become Cats Legal).  My planned meeting with Mark Wagstaff of Cats Legal had … Continue reading

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

Georgetown Law: who provides eDiscovery education?

Georgetown Law E-Discovery Law Blog carries an article by George Rudoy of Shearman & Sterling which moves away from the certification argument (see my post Rudoy on eDiscovery certification – reality or myth) and on to the question about who … Continue reading

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

New web site for e.law Asia-Pacific

I can see why it has taken e.law some time to assemble their new website following the acquisition of CCH Workflow Solutions in November 2009. The integrated business now covers a very broad range of activities across a wide geographical … Continue reading

Posted in Australian courts, Discovery, e.law, eDisclosure, eDiscovery, Electronic disclosure, FTI Technology, Litigation, Litigation costs, Nuix, RingTail | Leave a comment

EnCase Portable brings data collection to your desktop

The idea that a law firm might keep a copy of Guidance Software’s EnCase Portable in a drawer for on-the-spot collections leads into a discussion about how much a firm needs to know. I will let Guidance Software speak for … Continue reading

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

First law firm commentary on Goodale v MoJ

Congratulations to Tim Constable of Matthew Arnold & Baldwin who seems to have been the first solicitor to get out some information to clients on Senior Master Whitaker’s judgment in Goodale v Ministry of Justice. His article E-disclosure – the … Continue reading

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

Legal Efficiency Supplement in the Times

I mentioned in passing in my post of last night that  I am to interviewed by Dominic Regan for a special report which Raconteur are publishing  on Thursday 25 March in The Times newspaper. Called Legal Efficiency,  it will look … Continue reading

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

Spring Offensive in the eDisclosure War

It feels suddenly as if a new phase is opening up in the war to tackle the wasted costs of e-disclosure. If the Rule Committee’s recent failure to grasp the nettle seemed a rebuff, there is a new Spring Offensive … Continue reading

Posted in Case Management, Court Rules, CPR, Data privacy, Discovery, DocuMatrix, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, EU, Litigation, Litigation costs, Litigation Support, Lord Justice Jackson, Nuix, Trilantic | Leave a comment

Revolutionary video pillory for PR consultants

The humour for the week was provided by Charles Christian, whose Orange Rag included a piece about PR consultants called So that’s why the editor is grumpy and aptly illustrated by a video. I should make clear in passing this … Continue reading

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

Capturing web pages with iCyte now for the Enterprise

The latest addition to my collection of tools for gathering and storing information is a product called iCyte. I cannot improve on the maker’s own description as follows: iCyte is a browser add-on and web service that lets users save … Continue reading

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

Goodale v MoJ – a template judgment for active management of eDisclosure

The publication of Senior Master Whitaker’s judgment in Goodale v Ministry of Justice is important for reasons beyond the fact that the parties used the ESI Questionnaire which is annexed to the proposed e-Disclosure Practice Direction and which is also … Continue reading

Posted in Case Management, Court Rules, CPR, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Litigation costs, Part 31 CPR | Leave a comment

Nuix joins the e-Disclosure Information Project

I am delighted to welcome eDiscovery and electronic investigation software company Nuix as the latest sponsor of the e-Disclosure Information Project. The connection began at the Ark Group eDiscovery conference in Sydney last year when I found myself sitting next … Continue reading

Posted in Australian courts, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Judges, Nuix, Singapore | Leave a comment

E-Discovery costs-shifting in US litigation

I referred in a recent post to an article I had read which concerned the shifting of US e-Discovery costs from one party to another, that is, the situation where costs incurred by one side are taxed and payable by … Continue reading

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

The Readership of the e-Disclosure Information Project

I have just been asked to give some statistics for readership of my blog and, having done the research, I might as well summarise it here. It happened to be quite a good day to ask – there were 436 … Continue reading

Posted in Data privacy, Data Protection, Discovery, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Litigation Support, Lord Justice Jackson | Leave a comment

A proper welcome to Applied Discovery as a new sponsor

I promised a proper welcome to Applied Discovery when I put up a short post on 16 February to draw attention to the arrival of their logo. These Welcome posts are generally the only occasion when I invite collaboration on … Continue reading

Posted in Discovery, Early Case Assessment, eDisclosure, eDiscovery, EDRM, Electronic disclosure, EU Safe Harbor, Forensic data collections, Litigation Support | Leave a comment

Anonymisation, the Hague Convention and US judicial notice of EU privacy protection

I expressed puzzlement recently at the high proportion of page views from the US over a period when most of my focus has been on the UK draft practice direction. I know, of course, that there is much US interest … Continue reading

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

E-Discovery and Judicial Involvement in Australia

Project Counsel is the sister site to The Posse List, both run by the ubiquitous Gregory Bufithis. Project Counsel’s web site carried an article on 25th February with the title In Australia, e-Discovery and enhanced judicial involvement come of age … Continue reading

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

Cats Solutions combines with LDSI to become Cats Legal

Print solutions provider Cats Solutions has added the former business of LDSI (Legal Document Services International) to its print and document management services. The combined business has relocated its City-based 24/7 hub facility to new premises at Broken Wharf House, … Continue reading

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

E-Discovery developments in 2010 from legalsupportnetwork.co.uk

Rupert Collins-White is Head of Content and Community at legalsupportnetwork.co.uk and runs a LinkedIn Group of the same name. I met Rupert when he was Features / Commissioning Editor at the Law Society, and he now brings to legalsupportnetwork the … Continue reading

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

7Safe White Paper: the inter-relation between computer forensics and e-Disclosure

7Safe has published a white paper which I co-wrote with James Kent of 7Safe. Its purpose is to explain, mainly to lawyers, the role of a forensic collection of data in the subsequent proceedings, whether those be civil or criminal … Continue reading

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

SCL article: e-Disclosure and Legal Practice in the Recovery Position

Computers and Law, the website of the Society for Computers & Law, has kindly republished an article which I wrote following LegalTech 2010. They have merged that article with the predictions which I made for the SCL at the turn … Continue reading

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

You cannot really complain at a full InBox and lots of tweets

A day in London leaves me with a pile of e-mails and a heap of tweets – all signs of a lively market, and to be welcomed despite the time it will take to catch up. Add a crusading podcast, … Continue reading

Posted in Australian courts, Case Management, Court Rules, CPR, Data privacy, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Judges, Litigation, Litigation costs, Lord Justice Jackson, Part 31 CPR, Twitter, Women in eDiscovery | Leave a comment

Moving forward on all fronts

I am off today to record a podcast for CPDCast about the e-Disclosure components of Lord Justice Jackson’s report. You may recall that I was booked to do this on the day before the Civil Procedure Rule Committee met to … Continue reading

Posted in Case Management, Civil justice, Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Litigation costs, Lord Justice Jackson | Leave a comment

Legal Inc takes Digital Reef

Amongst the many applications at LegalTech which I was invited to look at but could not fit in was Digital Reef, which allows organisations to identify, collect, process, analyse and review data in place. The advantage of this, obviously, is … Continue reading

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

No need to wait for the eDisclosure Practice Direction and Questionnaire – just get on with it

The decision (or, rather, the non-decision) of the Civil Procedure Rule Committee to send the e-Disclosure Practice Direction and EDisclosure Questionnaire off into the sidings of a sub-committee has been the equivalent of coming up behind a funeral cortège whilst … Continue reading

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

Jackson untroubled by delay to e-Disclosure Practice Direction

I do not generally deal in instant news in these pages – considered reflection is more my style and, besides, there is normally a queue of things to write about. At the top of that queue at the moment is … Continue reading

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

The extent of the right to privacy in French employee’s e-mails

The expression “grasping at straws” has seafaring origins – a drowning man grasps at straws in the absence of anything more solid to cling to. It comes to mind whenever the subject of EU data privacy comes up in the … Continue reading

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

There is more to FTI Technology than Attenex and Ringtail

My self-imposed job description involves flitting between all the players in the electronic disclosure / electronic discovery world, picking up information and ideas from one place and dropping them in another. I talk to judges, lawyers and technology suppliers, read … Continue reading

Posted in Attenex, Case Management, CPR, Discovery, Early Case Assessment, eDisclosure, eDiscovery, Electronic disclosure, Forensic data collections, FRCP, FTI Technology, Judges, Litigation, Litigation costs, Litigation Support, Lord Justice Jackson, Part 31 CPR, Regulatory investigation, RingTail | Leave a comment

Dominic Regan on the Jackson Report: the word of the moment is momentum

There is a great deal of interest being shown in electronic disclosure amongst UK lawyers at the moment. Some of the activity is reported in my post Containing the interest in the eDisclosure Practice Direction and ESI Questionnaire. That ended … Continue reading

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

Millnet offer £10,000 of e-Discovery services for free

Timeo Danaos et dona ferentes is, as you doubtless know, Latin for “there must be a catch somewhere”. It seems unlikely, of course, that the Greeks are going to be bearing gifts for anybody just now, but Millnet seem to … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation Support, Lord Justice Jackson, Millnet | Leave a comment

Defensible document review – Epiq Systems panel at LegalTech

As is increasingly the case, The Posse List is getting out its reports of events and developments so quickly and comprehensively that it is folly on my part to cover them as well. This suits me well, since I am … Continue reading

Posted in eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, LegalTech, Litigation, Litigation costs, Lord Justice Jackson, Posse List | Leave a comment

A short video could win you free tickets and accommodation at CEIC

The use of video turns up in these pages either where a supplier has used the medium to educate or to promote a product, or in a slightly embarrassed reference to my own reluctant appearances in front of the camera. … Continue reading

Posted in Brussels, CEIC, Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, EU, Forensic data collections, FRCP, Guidance Software | Leave a comment

US-UK discovery differences on video at the Masters Conference

I have only just seen a set of short videos which His Honour Judge Simon Brown QC and I made at the Masters Conference last October in Washington. They were made by LegalQB and involved a proper studio with lighting … Continue reading

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

Sedona Conference WG6 presentation to Article 29 Working Party in Brussels

I do not usually pass on things sent to me without adding some value (or, at least, some comment) of my own. I will make an exception for a report just in from James Daley, co-chair of the Sedona Conference … Continue reading

Posted in eDisclosure, eDiscovery, Electronic disclosure, EU, Litigation Support, Sedona Conference | Leave a comment

Applied Discovery joins the Project’s sponsors

I will do a proper welcome post shortly, and this is just a brief note to welcome Applied Discovery to the ranks of the sponsors of the e-Disclosure Information Project. I wrote about the company recently (see Applied Discovery gets … Continue reading

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

Legal Inc case study explains an e-Disclosure project

Statements of functions and benefits and descriptions of litigation support services obviously form the backbone of the marketing material of any company engaged in the handling of electronic documents. It is difficult, however, to convey in the abstract any sense … Continue reading

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

Deborah Baron summarises the Autonomy Cloud message on video

I am a strong believer in the idea that businesses, and particularly technology businesses, need to make use of every medium which is available to get messages across to potential users. The new media formats such as Twitter, blogs, Facebook … Continue reading

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

Containing the interest in the eDisclosure Practice Direction and ESI Questionnaire

There has been much interest in the draft eDisclosure Practice Direction and the Questionnaire which forms part of it. Lawyers and education providers keep asking for a sight of it. Lord Justice Jackson commended it. Rule-makers in other jurisdictions have … Continue reading

Posted in Case Management, Civil justice, Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Litigation costs, Lord Justice Jackson, Part 31 CPR, Women in eDiscovery | Leave a comment

Distinguishing discussion from lecture at LegalTech

I go back over my recent posts a day or two after publishing them, partly to pick up typos to which one is blind when they are newly typed, but mainly to check that what I said is what I … Continue reading

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

Mixing eDiscovery business with pleasure at LegalTech 2010

I write each February after LegalTech in New York to try and convey how this event is simultaneously hard work and good fun. Certain times and cultures are inherently suspicious of the idea that you can enjoy yourself whilst working, … Continue reading

Posted in Data privacy, Data Protection, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, Guidance Software, LegalTech, Litigation Support, Trilantic | Leave a comment

CaseCentral CARtoon – what drives Toyota’s eDiscovery purchasing strategy

CaseCentral’s Case in Point cartoon series maintains its quality with this week’s one in which Toyota explains what drives its eDiscovery purchasing strategy. I spotted a judge at LegalTech wearing a No Processing badge which emanated (anonymously) from CaseCentral.  Full … Continue reading

Posted in Discovery, E-Discovery Suppliers, Early Case Assessment, eDisclosure, eDiscovery, Electronic disclosure, LegalTech | Leave a comment

BA misses the bus – how to lose goodwill at the end of the project

The customers remember best what happens last, whether you are running an e-Discovery project for them or flying them across the Atlantic. It seems a shame to do it all so well and then screw up at the end. I … Continue reading

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

Some statistics from Equivio>Relevance

I have recently written a white paper about Equivio>Relevance and was subsequently interviewed about it by Metropolitan Corporate Counsel – both if these can be found on Equivio’s publications page. A recent article by Marisa Peacock on CMSWire called Equivio … Continue reading

Posted in Discovery, Early Case Assessment, eDisclosure, eDiscovery, Electronic disclosure, Equivio, LegalTech, Litigation, Litigation costs, Litigation Support | Leave a comment