Category Archives: Electronic disclosure

Two entries in one week in the Weekly E-Discovery Snapshot

My job is promoting the eDiscovery industry and the companies who engage in it, and I do not focus much on promoting me.  I cannot resist this, though. Having an article listed in the Weekly E-Discovery Snapshot which Rob Robinson … Continue reading

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

7Safe launches UK Security Breach Investigations Report 2010

Mysterious messages have been appearing on Twitter all week like “In 85% of data breach cases, payment card information was stolen”. They all lead back to an analysis of data compromise cases over an 18 month period which 7Safe have … Continue reading

Posted in CaseLogistix, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Forensic data collections, LegalTech | Leave a comment

H5 EDGE Classifier brings intelligence to ediscovery search

Information retrieval experts H5 has always come across as a cross between a commercial information consulting business and a research university, talking as much about its people – “with professional expertise in linguistics, statistics, computer science, law, information technology, process … Continue reading

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

FTI Technology 2009 IDC Survey defines the eDiscovery challenges

FTI Technology will be out in force at LegalTech, as you would expect from a  company whose range of products and services cover the full range of eDiscovery problems and solutions. They commissioned an IDC survey which was published in … Continue reading

Posted in Attenex, Discovery, Early Case Assessment, eDisclosure, eDiscovery, Electronic disclosure, FTI Technology, LegalTech, Litigation Support, RingTail | Leave a comment

Anacomp e-Discovery panel at LegalTech – emerging technology and a defensible process

Anacomp are running a panel in the New York suite at the Hilton on Tuesday 2 February at 10:30 AM. I will not, unfortunately, be there, because I am on another platform at the same time. The title is What’s … Continue reading

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

Stratify eDiscovery Super Session panels at LegalTech

I have already mentioned one of the four panels which Stratify is running on Tuesday, 2 February in the Sutton Parlor Center Room at the Hilton in New York. The sessions are as follows: 8.30 Can we have our cake … Continue reading

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

Epiq Systems e-Discovery Super Sessions at LegalTech

Epiq Systems are running three panels on Tuesday, 2 February at LegalTech. They take place in Concourse G at the Hilton New York as follows: 9:00 Achieving a Cost Efficient, Defensible Document Review 10:00 Best Practices for Successful Multinational E-Discovery … Continue reading

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Mary Mack’s review of a decade of ediscovery

Is the rest of the ediscovery world really ten years behind the US? Perhaps it is Judge Scheindlin’s recent strictures which put the US so far ahead of the rest of us in the proportionate search for justice and truth. … Continue reading

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

Posse List interview with e.law Asia Pacific: the spike in e-discovery work in Asia

I was speaking in Singapore when news broke of e.law’s acquisition of CCH Workflow Solutions. It added to my general impression (which I was bold enough to turn into a prediction) that the Asia-Pacific region was the place to watch … Continue reading

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

Autonomy eDiscovery Appliance – chaining law firms and clients together

A series of announcements from Autonomy coincide with what I see as the coming developments in the UK and elsewhere, enabling the lawyers to work collaboratively with clients. As one would expect, Autonomy has come up with a series of … Continue reading

Posted in Discovery, E-Discovery Suppliers, Early Case Assessment, eDisclosure, eDiscovery, Electronic disclosure, LegalTech, Litigation, Litigation costs, Litigation Support, Lord Justice Jackson | Leave a comment

Georgetown Law: Rudoy on eDiscovery certification – reality or myth?

An article by George Rudoy on the Georgetown Law site, which includes some input from me, reawakens the debate about certification of those who work in eDiscovery. Education on this subject was a key recommendation of the recent UK Jackson … Continue reading

Posted in Discovery, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Epiq Systems, FTI Technology, Judges, Lord Justice Jackson | Leave a comment

Recovery of e-Disclosure or E-Discovery costs in litigation

The broad idea about recovery of the costs of litigation is that the so-called “English Rule” allows a successful party to recover his costs from the loser, whereas the costs of US litigation lie where they fall. It is not … Continue reading

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

Seeing Nuix at LegalTech

I try to avoid spending too much time at LegalTech looking at applications. I am much more interested in talking and listening to people, and three days is just not long enough to fit everything in. I generally limit my … Continue reading

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

Alcohol and amphetamines as an e-Discovery solution for Edna

Almost everybody who tweets about eDiscovery offered links to Craig Ball’s article called E-Discovery for Everybody: the Edna Challenge. In it, Craig sought the input of several influential players in the market on behalf of Edna who needed to undertake … Continue reading

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

US claims Global Power to Access Data despite EU data protection laws

Another decision of a US court shows the supremacy of the US courts over EU laws, at least as seen from the US. It doubtless plays well in Utah, but is probably bad news for US evidence-collection in the long … Continue reading

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

Outsourcing reaches the business press – so the clients will read all about it

The UK’s appetite for stories and comment about outsourcing remains undimmed. A a long article in The Times on 15 January carried the title Brief for India’s outsourcing lawyers: keep it cheap. Ron Friedmann of outsourcers Integreon, an astute observer … Continue reading

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

US District Judge to Speak on Women in eDiscovery Panel at LegalTech

One of the best panels at the Masters Conference in Washington last year was  the Women Thought Leader Panel:  The Art of Negotiating E-Discovery moderated by Caitlin Murphy of CT Summation and including Shawnna Childress of LECG,  co-founder of Women … Continue reading

Posted in Discovery, eDisclosure, eDisclosure Conferences, Electronic disclosure, IQPC, LegalTech, Masters Conference, Summation, Women in eDiscovery | Leave a comment

Catching up with the new Ontario E-Discovery Rules of Civil Procedure

I missed the new Ontario E-Discovery Rules of Civil Procedure which came into effect on 1 January. By “missed”, I mean that I knew about them but decided that it was a topic important enough to be put on one … Continue reading

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

Guidance Software launches EnCase eDiscovery 4 with help from Twitter and YouTube

Guidance Software has released EnCase E-Discovery 4, which offers a pre-collection analytics capability as well as the ability to analyse and review ESI throughout the key discovery processes – during a legal hold, during forensic data collection, post- collection, during … Continue reading

Posted in Discovery, E-Discovery Suppliers, Early Case Assessment, eDisclosure Conferences, eDiscovery, Electronic disclosure, Forensic data collections, Guidance Software, LegalTech, Litigation Support | Leave a comment

Between the rock of Jackson and the hard place of LegalTech

Once a decade, we get a large and influential report on Civil Procedure in the Courts of England & Wales. Once a year, the largest and most important e-discovery conference takes place in New York. Did they have to take … Continue reading

Posted in Discovery, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, LegalTech, Litigation, Litigation costs, Litigation Support, Lord Justice Jackson | Leave a comment

Anacomp ECA Webinar 20 January – measuring and managing eDiscovery

A reminder that Anacomp, owners of review platform CaseLogistix, have a live webinar today, Wednesday 20 January, called Beyond the Buzz: Measuring and Managing eDiscovery with Early Case Assessment. Tom O’Connor and Chuck Kellner, along with Chris Smith, Senior Product … Continue reading

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

Some eDiscovery mistakes are more forgivable than others

We have seen some high-profile mistakes in the discovery world recently.  We should discriminate between incompetence and stupidity or oversight. A mistake is not an ediscovery mistake just because it involved electronic documents. The mirth generated at the expense of … Continue reading

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

Tweets travel far and fast – which is good if that is what you want

The speed with which I got reactions to a tweet of Saturday showed the power of this medium. That is great if that is what you want, as I did, less so if that was not the intention. My arm … Continue reading

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

Applied Discovery gets new marketing wind behind it

Good eDiscovery marketing must give would-be clients useful information and help, not just shout “buy me” with a list of functions and benefits. All forms of media must be pressed into service, and value lies more in helpful content than … Continue reading

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

NLJ Jackson litigation costs webcast still available

The technical difficulties with the New Law Journal’s free Jackson webcast derived, apparently, from the best of reasons – a very large number of people wanted to watch it (that is what happens when the Dale publicity machine gets going … Continue reading

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

First thoughts on the eDisclosure implications of the Jackson Report

The sections relating to disclosure and e-disclosure in the Jackson Report are a call to action for lawyers and judges without waiting for any actual amendment to the Rules. The key element which Jackson identifies is education, and we can … Continue reading

Posted in Access to Justice, Civil justice, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, FTI Technology, Judges, Litigation, Litigation costs, Litigation Support, Lord Justice Jackson | Leave a comment

Jackson on Costs Free Webcast: 14 January 2010 at 1pm

This is the full text of New Law Journal’s latest reminder about today’s webcast at 1.00pm GMT New Law Journal will host a live panel discussion on the key proposals and practical implications of Lord Justice Jackson’s final report on … Continue reading

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

Trilantic assembles experts for International eDiscovery Track at LegalTech

UK-based legal support provider Trilantic has put together a double panel session on EU data privacy and related subjects which takes place on the first day at LegalTech, Monday, 1 February. Subjects covered will include privacy considerations and EU data … Continue reading

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

Interview with Metropolitan Corporate Counsel about Equivio>Relevance

Metropolitan Corporate Counsel has published an interview based on a long conversation which I had with them before Christmas. The title is Trainable E-Discovery Software Offers Cost Savings and the subject is Equivio>Relevance. The main theme of the interview was … Continue reading

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

New Singapore e-discovery resource

Those who come here often will know that I was in Singapore in October last year shortly after the introduction of their Practice Direction No 3 on Discovery and Inspection of Electronically Stored Information . I had been invited to … Continue reading

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

Twitter data feeds as a potential source of income for them and discovery material for us

A new survey relies on the ability to analyse Twitter usage, and Twitter has begun a drive to make money from its data feeds. Both point towards the use of Twitter data as discoverable information. I wrote an article last … Continue reading

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

Getting past the hold music

Every writer aspires to have his work described as “interesting and funny”, particularly if it is simultaneously accepted as dealing seriously with weighty matters. The aim is to get the ediscovery messages past the hold music and encourage people to … Continue reading

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

Outsourcer Integreon adds to Insource v Outsource discussion

I drew attention recently to an article on outsourcing from a law firm perspective, written by George Rudoy on 1 December on the Georgetown Law site and called To Insource or to Outsource. I suggested that it was worth reading, … Continue reading

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

Tweeting weights and weighing Tweets

I am a relatively recent convert to Twitter and am hooked on a number of levels. These are primarily business-driven, in the hard-nosed sense that I acquire information from others and disseminate things of my own – the publication of … Continue reading

Posted in eDisclosure, eDiscovery, Electronic disclosure, Posse List, Twitter | Leave a comment

Craig Ball on Ed Balls’ Ofsted Balls-Up

My apologies to those of delicate sensibilities who might take this amiss. It is, I accept, insensitive of me to do this to you at the beginning of an article. There is no choice, I am afraid – I must … Continue reading

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

Anacomp divests to focus on CaseLogistix, eDiscovery and litigation

Anacomp has sold its MVS Division to DecisionOne in order to focus on eDiscovery with its document review application CaseLogistix and the services which go with it. 2010 should be the right year to concentrate on eDiscovery You would probably … Continue reading

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

Distinguishing data from information when balancing risk against cost

There are parallels between the reaction to terror attacks and other threats and the handling of e-disclosure for litigation. Collections of masses of data become not merely a substitute for information but places to lose it, and the real objective … Continue reading

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

Letter in the Times about destruction of ESI

Amongst my predictions for 2010, published on the website of the Society for Computers & Law on 21 December, was this one: Another side-effect of the Earles judgment will be a debate as to what the law of preservation and … Continue reading

Posted in Court Rules, CPR, Disclosure Statement, Discovery, Document Retention, eDisclosure, eDiscovery, Electronic disclosure, Litigation Readiness, Litigation Support, Part 31 CPR | Leave a comment

The e-Disclosure Information Project in 2009 and 2010

My e-Disclosure predictions for 2010 are up on the website of the Society for Computers and Law. I have not checked back to my previous years’ SCL predictions, but I think that this batch have much more, and much better-grounded, … Continue reading

Posted in Court Rules, CPR, Data privacy, Data Protection, Discovery, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, IQPC, Litigation, Litigation costs, Litigation Support, Part 31 CPR | Leave a comment

Gartner, Hong Kong and civil servants inspire reader comments

Recent comments from readers cover the Gartner report on the litigation software market, the state of play in Hong Kong, and the bright light which has suddenly been shone on the need for government departments to approach electronic disclosure in … Continue reading

Posted in Andrew Haslam, Attenex, CPR, DocuMatrix, E-Discovery Suppliers, Early Case Assessment, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, FTI Technology, Litigation, Litigation costs, Litigation Support | Leave a comment

Times E-Disclosure article leads with Baby P photocopier excuse

The article on E-Disclosure in today’s Times E-disclosure: how good is your filing system? by Grania Langdon-Down leads with the extraordinary “lost in the photocopier” excuse given by Ofsted as they gave late disclosure of 2,000 pages of documents in … Continue reading

Posted in Discovery, Document Retention, eDisclosure, eDiscovery, Electronic disclosure, KPMG, Litigation, Litigation costs, Litigation Support, Millnet, Outsourcing, Regulatory investigation | Leave a comment

Gartner points to non-US E-Discovery market growth

Gartner predicts an eDiscovery software market worth $1.2 billion in 2010. More than 10% of that will be outside the US. Software suppliers may be ready to run with this, but where are the skilled people? Gartner’s report of 16 … Continue reading

Posted in Data privacy, Data Protection, Discovery, Document Retention, E-Discovery Suppliers, Early Case Assessment, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Litigation Readiness, Litigation Support, Lord Justice Jackson | Leave a comment

Kind words from the Posse List eDiscovery Reading Room

If a supplier asked me what to do if it received unsolicited praise from a respected source, I would tell them to stick it up on their web site. What is the proper reaction when someone says nice things about … Continue reading

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

Legal Technology Awards 2009

The Legal Technology Awards list is out. The number of categories, providers and products may seem bewildering, but their web sites give a good idea of what they do. Follow some links and see what maps to the problems which … Continue reading

Posted in CaseMap, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, FTI Technology, Legal Technology, LexisNexis, Nuix, Recommind, Summation | Leave a comment

Legal Inc publishes 5th podcast and Earles article

Litigation support provider Legal Inc has now published the fifth in the series of podcasts which I recorded with Lisa Burton. This one covers the software and systems available in the market. The series can be found here. Legal Inc … Continue reading

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

The Baby P case may be the disclosure story of the year

It begins to look as if the Baby P case will beat even Earles v Barclays Bank in terms of its long-term influence on disclosure, not least for the likely focus on individual failings. Is this cock-up or conspiracy? Why … Continue reading

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

Irish Law Reform Commission consultation paper on Documentary and Electronic Evidence

The Irish Law Reform Commission has just issued a consultation paper on Documentary and Electronic Evidence. At 313 pages, it is not going to be a quick read and I have done no more than skim it so far. Its … Continue reading

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

UK interest in outsourcing on the rise

A Tweet earlier this week asks “Weekly LPO articles in the UK?” which, extended from its native (and necessarily abbreviated) Tweet-speak, means “Are we seeing at least one article a week about legal process outsourcing in the UK?” The question … Continue reading

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

New website for Local Government Lawyers brings commercial awareness to public sector litigation

A new website for local government lawyers has appeared. Given the very wide range of legal issues which affect local authorities, it is perhaps surprising that we have not seen one before. Local authority insulation from the real world will … Continue reading

Posted in Court Rules, CPR, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Litigation costs, Litigation Readiness, Local Government, Lord Justice Jackson | Leave a comment

IQPC New York – minimizing risks, costs and challenges

Minimizing risks, costs and challenges is the title of the IQPC eDiscovery conference taking place in New York from 7 to 9 December 2009. I will not be there, but the agenda offers more opportunities than its title suggests. I … Continue reading

Posted in Data privacy, Data Protection, Discovery, Document Retention, E-Discovery Suppliers, Early Case Assessment, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Guidance Software, IQPC, Litigation, Litigation costs, Litigation Support | Leave a comment

PivotalDiscovery e-Disclosure video with HHJ Simon Brown QC

As a proponent of video as a means of conveying messages, it is remiss of me not to have drawn your attention to one which features His Honour Judge Simon Brown QC and me. It was made by Kina Kim … Continue reading

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

Georgetown Law: to Insource or to Outsource by George Rudoy

Outsourcing part of the disclosure / discovery process has suddenly attracted attention in the UK. Some think that this is due to the instincts in common between lawyers and the poor old lemmings, who are invoked as role models whenever … Continue reading

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

How IT can support judicial reform? asks Dutch judge Dory Reiling

How many judges do you know who might write a PhD thesis with the title Technology for Justice: How Information Technology Can Support Judicial Reform, discuss it on her blog, and promise to inform you of its publication by Twitter. … Continue reading

Posted in Access to Justice, Courts, eDisclosure Conferences, eDiscovery, Electronic disclosure, EU, IQPC, Judges, Legal Technology | Leave a comment

UK Information Commissioner publishes plain English data protection guide

The UK Information Commissioner’s Office (ICO) has produced a guide in plain English which aims to make it easier for the non-expert to understand what is involved. That is all to the good, but this is not one of these … Continue reading

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

e-Disclosure conference thoughts from the 451 Group

Although I do my own summaries of the conferences I take part in, it is more interesting in some ways to see what other people take away from them. A succinct summary from an interested party who was present as … Continue reading

Posted in Data privacy, Data Protection, Discovery, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, EU, Legal Technology, Litigation, Litigation Support | Leave a comment

Strategic alliance allows 7Safe to host Anacomp’s CaseLogistix

What is the seating etiquette if you go to a wedding knowing both parties? Do you have to make an invidious choice between one side of the church and the other? Perhaps you sit in the aisle or hang from … Continue reading

Posted in CaseLogistix, Court Rules, CPR, Discovery, E-Discovery Suppliers, Early Case Assessment, eDisclosure, eDiscovery, Electronic disclosure, Forensic data collections, Litigation, Nuix, Part 31 CPR | Leave a comment

Tearing Me Apart: a new song from The Phoenix Fall

You may just have been indulging my paternal pride, but quite a lot of people seemed to like the first single released by The Phoenix Fall, the Leeds-based Indie band whose drummer is my son Charlie Dale. The second single, … Continue reading

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

KPMG survey: Is the legal department ready?

Read KPMG’s new survey on corporate readiness for litigation and then read the judgment in Earles v Barclays Bank. You may spot a connection. KPMG have published the results of the survey which Alex Dunstan-Lee previewed for us at IQPC’s … Continue reading

Posted in Disclosure Statement, Discovery, Document Retention, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, IQPC, KPMG, Litigation, Litigation costs, Litigation Readiness | Leave a comment

e.law completes acquisition of CCH Workflow Solutions

On 20 November 2009, Australia’s  e.law completed its acquisition of the business assets of CCH Workflow Solutions from Wolters Kluwer. The news of the acquisition broke whilst I was between conferences and although I heard from both Allison Stanfield at … Continue reading

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

Virtual LegalTech round-up

The general reaction to ALM’s Virtual LegalTech by its participants and delegates seems generally to be positive. If, as Charles Christian said on Twitter afterwards, it had a 1990s feel to it, well, that can doubtless be improved upon in … Continue reading

Posted in Australian courts, Courts, Data privacy, Data Protection, Discovery, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, LegalTech | Leave a comment

Parallel and cross-border developments in handling electronically stored information

The second session at the Thomson Reuters Fifth Annual e-Disclosure Forum in London on 13 November was called Parallel and cross-border developments in handling electronically stored information. I was the moderator, although if Air Miles were the qualification for talking … Continue reading

Posted in Brussels, Court Rules, Data privacy, Data Protection, Discovery, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, EU, FRCP, Part 31 CPR | Leave a comment

Virtual LegalTech looks good so far

Virtual LegalTech looks quite fun so far. It has an exhibit hall, an auditorium and a resource centre amongst other things, and there are people to chat to (Peggy Wechsler of ILTA was on the phone when I dropped by … Continue reading

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

Georgetown: Privilege, Ignorance and Certification

The PosseList has a report of the main points discussed at the judicial panel which closed the recent proceedings of the Georgetown Law CLE Advanced E-Discovery Institute. Of the three points which the article picks out, I will leave on … Continue reading

Posted in Court Rules, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, FRCP | Leave a comment

Equivio->Relevance brings prioritisation to Epiq Systems’ DocuMatrix

Regular readers will know that I find Equivio’s value proposition to be extremely attractive, notwithstanding that the user – the lawyer or his client – does not always get to see it directly. That is because Equivio’s products are bought … Continue reading

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

Welcome to Stratify as new Project sponsor

I am very pleased to welcome electronic discovery software company Stratify as a sponsor of the e-Disclosure Information Project. Their addition to the list of sponsors coincides with the opening of their London office and data centre, as well as … Continue reading

Posted in Case Management, Discovery, Document Retention, E-Discovery Suppliers, Early Case Assessment, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Litigation, Litigation costs, Litigation Readiness, Part 31 CPR | Leave a comment

The Continuing Challenges of Preservation, Collection and Exchange

The first session at the Thomson Reuters e-Disclosure Conference in London last week was called The Continuing Challenges of Preservation, Collection and Exchange. George Socha’s panel included a solicitor, a software provider and a judge – Matthew Davis of Lovells, … Continue reading

Posted in Case Management, Court Rules, CPR, Disclosure Statement, Discovery, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Judges, Litigation, Litigation Readiness, Part 31 CPR | Leave a comment

Business mixed with pleasure at the Thomson Reuters London e-Disclosure conference

The Thomson Reuters Fifth eDisclosure Forum was sponsored by Autonomy, Stratify and Legastat and, as before, the co-chairs were Browning Marean, George Socha and me. I enjoyed it and, unless they were just being polite, the audience seemed to think … Continue reading

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

Master Whitaker addresses London Solicitors Litigation Association on e-Disclosure

I went to listen to Senior Master Whitaker speak last night to the London Solicitors Litigation Association about electronic disclosure. I was not expecting to hear much that was new to me – I have heard him speak five times … Continue reading

Posted in Case Management, Court Rules, Courts, CPR, Disclosure Statement, Discovery, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Judges, KPMG, Litigation, Litigation costs, Part 31 CPR, Stroz Friedberg | Leave a comment

Cost, quality, risk and predictability in outsourcing debate

An article in Legal Week reports that law firms are aware that existing methods of charging for work must change but says that they are wary of legal process outsourcing as the answer. The only mistake is not to weigh … Continue reading

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

FTI webinar: financial, transactional and operational databases in e-disclosure

FTI Consulting are presenting a webinar on structured data on Thursday 19 November at 1300 GMT. The subject is perceived by some as too difficult to talk about, but it cannot be ignored. Elephants have provided a recurring theme throughout … Continue reading

Posted in Case Management, Court Rules, CPR, Disclosure Statement, Discovery, Document Retention, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, FTI Technology, Litigation, Litigation costs, Litigation Support | Leave a comment

Legal Inc publishes e-disclosure podcast series

Litigation services provider Legal Inc has published the first two in a series of ten podcasts about electronic disclosure. They take the form of a dialogue between Legal Inc director Lisa Burton and me, and will between them provide a … Continue reading

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

FTI webinar – Controlling E-Discovery Costs

FTI Technology are presenting a web seminar on November 5 (that’s today) at 2pm Eastern | 11.00am Pacific | 19.00 GMT. Called Advice from Counsel: In-House Pros on E-Discovery Costs Containment, it is presented by Ari Kaplan, who will present … Continue reading

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

LexisNexis eDiscovery conference in Singapore

As you might infer from its name, the e-Disclosure Information Project set out with purely national ambitions. England and Wales is the only jurisdiction in the world to give the name e-Disclosure to the process of identifying, preserving, collecting and … Continue reading

Posted in Court Rules, Court Technology, Courts, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Forensic data collections, Guidance Software, Judges, LexisNexis, Litigation, Litigation costs, Litigation Support | Leave a comment

Where does a wise man hide a leaf?

What connects Father Brown’s deduction that a trusted old soldier had been a villain with Autonomy’s tracing of Jérôme Kerviel’s activities at Société Générale? Both stories involved not just hiding leaves in forests but making a forest in which to … Continue reading

Posted in Disclosure Statement, Discovery, Document Retention, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, KPMG, Litigation, Litigation costs, Litigation Readiness, Litigation Support, Regulatory investigation | Leave a comment

London litigation support all gathers in one pub

A large pub gathering of most of the London litigation support industry prompts some thoughts on the state of the industry and on what makes a buyer new to the market choose one supplier rather than another If the Larder … Continue reading

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

PosseList wrapup of the Masters Conference

The PosseList has managed to get out a full report of the Masters Conference and the first part of its notes on ACC Boston whilst I have yet to note up either Judge Facciola’s eleoquent keynote address at the Masters … Continue reading

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

The Orange Rag adds its weight to litigation support on both sides of the Atlantic

I wonder what was the first legal technology development reported by Charles Christian. A new design of quill pen perhaps which, coupled with a revolutionary advance in parchment development, allowed legal clerks to write on both sides of a document … Continue reading

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

Earles v Barclays Bank reported in the Times

Earles v Barclays Bank was reported in The Times today with the heading Disclosing electronic data. I have already written about this (see Costs penalty for non-compliance with e-disclosure obligations). It is significant at several levels: unlike Digicel it is … Continue reading

Posted in Case Management, Court Rules, Courts, CPR, Discovery, Document Retention, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Litigation costs, Litigation Readiness, Litigation Support, Mercantile Courts, Regulatory investigation | Leave a comment

When is an EDD quotation like a cold beer?

These posts sometimes acquire a life of their own in the writing especially where, as with this one, they are done in stages across a rather long day. What began as an account of my last day in Singapore turns … Continue reading

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

The British invade Washington again, this time to talk and learn, not burn

To say that electronic discovery is international connotes more than the cross-border ramifications of multi-jurisdictional litigation. There is commonality in the problems, the rules and the solutions, to say nothing of the implications for law firms of new ways of … Continue reading

Posted in CaseLogistix, Court Rules, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, FRCP, Guidance Software, Judges, Litigation Support, Masters Conference, Summation, Trilantic | Leave a comment

British liberties viewed from the Land of the Free

The subject of liberty came at me in three different ways on a single Sunday morning in Washington a few days ago. The top article in the Washington Post was headed “In today’s viral world, who keeps a civil tongue” … Continue reading

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

Next stop Singapore for LexisNexis E-Discovery Conference

Practice Direction No 3 of 2009 in the Supreme Court of Singapore is entitled Discovery and Inspection of Electronically Stored Information and took effect on 1 October 2009. I am off to Singapore today to take part in a conference … Continue reading

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

Big reception for Marean-Dale video

Browning Marean and I made two short videos at ILTA09 with Kina Kim of PivotalDiscovery. The “big reception” in my title refers to the venue rather than the reaction, but this means of conveying information is well worth doing. Years … Continue reading

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

Discovery explorers need a map

You can kill an analogy with overuse, just as every cliché was once a clever new phrase. Describing e-discovery / e-Disclosure in terms of explorers and maps, however, does not become hackneyed, because exploration itself continues to excite and because … Continue reading

Posted in Court Rules, CPR, Discovery, eDisclosure, Electronic disclosure, Forensic data collections, Litigation Support, Part 31 CPR, Stroz Friedberg | Leave a comment

A pit-stop before the last lap

There is a little BlackBerry buzz in my pocket as I put my key in the door after flying sleepless overnight from Washington. Are you happy with the eleven podcasts, the message asks, and can we do a synopsis for … Continue reading

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

Off to the Masters Conference in Washington DC

I have gone to the Masters Conference in Washington DC. See Packed programme for Masters Conference. I am there until Wednesday evening, staying at the Willard Hotel. See you there. Home

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

Costs penalty for non-compliance with e-disclosure obligations

A judgment given yesterday by His Honour Judge Simon Brown QC sitting as an Additional High Court Judge in the Birmingham Mercantile Court, will focus minds on the need to comply with the requirements of Part 31 CPR and the … Continue reading

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

Packed programme for Masters Conference

The 2009 Masters Conference takes place in Washington on 12 and 13 October. Its title, Global Corporate Change – Navigating Discovery, Risk and Security covers only a fraction of the subjects covered in two days. The best part for me … Continue reading

Posted in CaseLogistix, Clearwell, Court Rules, CPR, Data privacy, Data Protection, Discovery, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, FRCP, Guidance Software, Judges, Litigation Support, Masters Conference, Nuix, Part 31 CPR, Recommind | Leave a comment

Posse List post profiles Project

I find myself in the unusual position of being the subject of a blog post rather than the writer. I was interviewed in Brussels last week by Gregory Bufithis of the Posse List which describes itself accurately as “your source … Continue reading

Posted in Brussels, Discovery, eDisclosure, eDisclosure Conferences, Electronic disclosure, IQPC, Litigation Support, Masters Conference | Leave a comment

Information retention at e-Disclosure conference in Brussels

I demonstrated my own commitment to information retention by mislaying my notes of the sessions at IQPC’s Information Retention and E-Disclosure Management Europe Conference in Brussels last week. As with all the best document retention policies, this means that I … Continue reading

Posted in Brussels, Court Rules, CPR, Data privacy, Data Protection, Discovery, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Epiq Systems, Equivio, FRCP, IQPC, Judges, KPMG, Litigation Support | Leave a comment

Learning in good company at IQPC e-Disclosure Conference in Brussels

I got back late on Thursday from IQPC’s Information Retention and E-Disclosure Management Europe conference in Brussels. I was on three panels on the first day, attended several others, met or re-met countless people, and yet seemed in retrospect to … Continue reading

Posted in Discovery, DocuMatrix, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Epiq Systems, FTI Technology, Guidance Software, IQPC, KPMG, Litigation Support, Recommind | Leave a comment

Clearing the decks before going to Brussels

I do not pretend that this job is hard work in the way that trying to reach a sales target or managing a large project is hard work. It is far too enjoyable for that. It would, however, be good … Continue reading

Posted in Brussels, Data privacy, Data Protection, Discovery, DocuMatrix, Document Retention, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Epiq Systems, EU, Guidance Software, IQPC, KPMG, Litigation Readiness, Litigation Support, Recommind, Regulatory investigation | Leave a comment

e-Disclosure is like opera – you do not start with Wagner

I am fond of analogies, as you know, and everything from motorway signs to Roman bridges gets pulled into service to illustrate e-disclosure points. It seems to be catching: Craig Earnshaw of FTI Technology in London came up with another … Continue reading

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

Flying the wrong messages across cultural boundaries

Most broad ideas of the characteristics which identify people from other races and cultures contain a grain of truth as well as a dollop of unfairness. The excitable French, stoic Britons and [supply your own words here] Irish turn up … Continue reading

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

New French Data Protection Opinion on US discovery procedures

I bet that headline made your heart skip a beat with excitement, as mine did when I saw that the Proskauer Rose LLP Privacy Law blog has a new entry headed French Data Protection Authority releases new opinion on compliance … Continue reading

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

Top 10 tips for working with E-Discovery from Tom O’Connor

The programme for the Masters Conference in Washington on 13 and 14 October is now published. It looks set to be even better than last year’s, even if you ignore my own small part in it. I will come back … Continue reading

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

The best technology is useless without the right people

In electronic disclosure as in everything else, the technology itself is unlikely to cause the problems. For the moment at least, it needs direction from human intelligence. Money spent on equipment is wasted if not supported by a brain cell … Continue reading

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

Evidence Eliminator does the trick for Phoenix Four

A director who destroyed documents in anticipation of a government investigation may not be subject to any penalty for the bare act of destruction divorced from any actual proceedings against him or his company. If that is indeed the position, … Continue reading

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

Reaching informed agreement that e-disclosure is not needed

Having just published an article about whether electronic disclosure is needed in all cases, I turned to Ralph Losey’s blog to discover that he had just published an article about whether electronic discovery is needed in all cases. We do … Continue reading

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