Category Archives: Electronic disclosure

How would Bray & Gillespie play in the UK?

Bray & Gillespie is a US eDiscovery case which has attracted attention partly because its outcome was so predictable and partly for the strong views expressed by the judge as to the conduct of those involved. What would have been … Continue reading

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I got it from Twitter – Normandy in pictures 1944 and now

Most of what I write about, however unlikely the starting point, brings you back to electronic discovery / e-disclosure sooner or later. Even I, however, can find no such connection for what I am about to point you to. I … Continue reading

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Using Twitter to talk to your clients

My article Twitter as a source of e-discovery information drew a comment from Nick Wade, Group Product Manager for Symantec’s Enterprise Vault – Discovery. I had focused on Twitter as merely a source of information. Nick draws attention to its … Continue reading

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Twitter as a source of e-discovery information

The best way to get informed about e-disclosure / ediscovery news first thing in the morning is to follow Michelle Mahoney’s overnight tweets (they are at http://twitter.com/michmahon). That is “overnight” in UK terms, since Michelle’s day starts rather earlier than … Continue reading

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More than one reason for new FTI Paris presence

It is interesting to find FTI Consulting, Inc. opening a new forensic and litigation consulting practice in Paris. There is more to this, I suspect, than the economic truism that, for those who can afford it, recession is the best … Continue reading

Posted in Discovery, Document Retention, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, EU, FTI Technology, IQPC, Regulatory investigation | Leave a comment

7Safe blogs to keep us informed about e-disclosure forensics

E-disclosure Information Project sponsor 7Safe has joined the growing number of businesses using a blog to pass on information about what it does and what is happening in the company. It is a powerful and cheap marketing medium whatever you … Continue reading

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Who needs a bridge when the river goes away?

The mechanics of electronic disclosure are not an inherently legal function like Will writing or conveyancing. Instead of assuming that the work will always be theirs, lawyers must ask themselves why the clients should not divert it somewhere else. There … Continue reading

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Guidance Software launches EnCase Certified eDiscovery Practitioner Program

As you will have gathered from recent posts I am not a supporter of the idea that anyone working in the ediscovery / e-disclosure field must have a certificate to prove their competence. My opposition is based largely on the … Continue reading

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The UK is well-placed between the EU and the rest of the eDiscovery world

The first big eDiscovery conference of the autumn is IQPC’s Information Retention and E-Disclosure Management Europe conference in Brussels on 30 September and 1 October. I am going there mainly to take part in a panel organised by Guidance Software … Continue reading

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

Second Digicel judgment concerns privilege not e-disclosure

A second Digicel judgment does not bear on the subject of e-disclosure, but relates to alleged waiver of privilege in documents containing legal advice. A mention of it here might forestall confusion on the part of those who turn up … Continue reading

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

Conveying business ideas with short videos

Videos about the e-discovery /e-disclosure industry can be by captains of industry or the junior trainee, can cover everything from pure technology to business commentary, and can be formal or otherwise. A set of short videos by Mike Lynch of … Continue reading

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A round-up to catch up

There is a fair amount going on at the moment and a round-up note seems a good way of catching up. I will come back to some of these topics shortly with more detail than there is time for just … Continue reading

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EMC and Kazeon: can we have Twitter back please?

I am new to Twitter and have yet to get to grips with all the conventions. Its primary use amongst eDiscovery people (no-one there talks of e-disclosure, alas) seems to be to refer others to interesting articles elsewhere. That seems … Continue reading

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I disclose the discovery that Britain is on its own

The UK cast itself off from the US and the rest of the common law world when we renamed “discovery” to “disclosure”. Now the whole Special Relationship has apparently died. US-UK cooperation on discovery/disclosure will survive that. Inevitably, this column … Continue reading

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

International fame for Anglo-Saxon

My dog Saxon has adjusted well to the fame which comes from a mention in Gabe’s Guide.   I referred to him in a post a few days ago and, before I knew it, the world’s press (well, Gabe anyway) blew … Continue reading

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How was ILTA for you?

There are two halves to the question “How was ILTA for you?”. One is the personal reaction. Did I learn something and see some interesting technology? Did I meet interesting people? Did I have fun? The answer to all these … Continue reading

Posted in Attenex, CaseLogistix, Clearwell, Discovery, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Equivio, FTI Technology, Guidance Software, ILTA, Legal Technology, Litigation, Litigation costs, Litigation Support, Nuix, Recommind, RingTail, Summation | Leave a comment

Judicial College gives hope of e-disclosure training

Today’s Times reports on the launch of a new Judicial College which will give judges the opportunity to top up their skills and keep up to date with developments in the law, practice and procedure. The Lord Chief Justice, Lord … Continue reading

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

EDiscovery certification bars new entrants

I said in an earlier article (Recruiting one’s strength for post-recession litigation support) that I would come back to the difficult subject of e- discovery certification. The context in which it came up was that of the individual skills of … Continue reading

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E-discovery double-act on video

A few days after advocating the use of YouTube videos to promote new ediscovery understanding, I found myself in one with Browning Marean of DLA. Appearing soon at a cinema near you – well, on PivotalDiscovery.com anyway. If you put … Continue reading

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

Collaborating to avoid the end of lawyers

I am not going to give you a full report of Richard Susskind’s talk to ILTA last week. Its basic premise is well-known to anyone interested in this area; I have written about it before; if you are interested, you … Continue reading

Posted in eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, ILTA, Legal Technology, Litigation, Litigation costs, Litigation Support | Leave a comment

Recruiting one’s strength for post-recession litigation support

The Litigation Support Peer Group had a session at ILTA09 called The Future of Our Litigation Support Profession: What Lies Ahead? These are the people who actually do the work, so their reports and their views are worth having. They, … Continue reading

Posted in Discovery, Document Retention, eDisclosure, eDiscovery, Electronic disclosure, ILTA, Legal Technology, Litigation Support | Leave a comment

Bigger in America

It is obvious why American discovery must necessarily be bigger than discovery anywhere else. Everything else is bigger here and it is perhaps a point of honour – there would be a sense of failure if any other country had … Continue reading

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

Gone to ILTA

I will be at ILTA09 in Washington for most of the next week. I have a few meetings and will go to some of the litigation sessions, but most of the time will pass in bumping into people and chatting. … Continue reading

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

London meeting of Women in eDiscovery

I am a supporter of Women in eDiscovery and glad to learn from Laura Kelly of Epiq Systems that the London branch is active. They have a meeting on 17 September at the offices of Fulbright & Jaworski, 85 Fleet … Continue reading

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

Socha and Gelbmann survey the EDD market

No time to précis it or comment on it, but George Socha and Tom Gelbmann have published their annual overview of the results of their annual survey on the Legal Technology News site. If asked to pick the most important … Continue reading

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

Show me more like this

Guidance Software’s new EnCase Portable is interesting enough for itself. The way in which they are promoting it is even more so. The industry as a whole could make use of YouTube’s ability to point users to related material. I … Continue reading

Posted in CaseLogistix, CEIC, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, FTI Technology, Guidance Software, IQPC, Legal Technology | Leave a comment

Detailed assessments of litigation costs

Everything was a mystery when I became an articled clerk in the late 1970s, not least that label “articled clerk”. Your articles were a period of apprenticeship, and the name also of the document which you and your principal signed … Continue reading

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

Dates with a history

Readers with long memories (I am talking ten days or so here) may recall an article Setting up dates for lawyers in which I extended an olive branch to anonymous Blogger 585 with whom I had taken issue in previous … Continue reading

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Web demos allow interest without commitment

Technology companies make little use of technology to deliver their messages. Web demos may lack the personal touch of a face-to-face show, but you can reach many more people. They offer unparalleled opportunities to show off your products without the … Continue reading

Posted in CaseLogistix, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, FTI Technology, Litigation Support, Lord Justice Jackson | Leave a comment

Judge Facciola on US and UK judicial discovery education

US Magistrate Judge John Facciola has recorded a podcast interview with Sarah Haynes of IQPC. This follows a very successful judicial panel which Guidance Software organised at IQPC’s e-disclosure conference in London in May (see The discovery of disclosure commonality … Continue reading

Posted in Case Management, Courts, Discovery, Document Retention, eDisclosure, eDiscovery, Electronic disclosure, Judges, Litigation, Litigation Readiness, Lord Justice Jackson | Leave a comment

How can we do this differently?

I am sent a fair number of press releases, although many of those who know I am interested in them seem to think that I acquire my information by some kind of intuition. Many of the PRs I do get … Continue reading

Posted in Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, H5, Litigation, Litigation costs, Litigation Support | Leave a comment

Equivio>Relevance Case Studies – men against machines

It is always helpful, when introducing something new, to be able to measure it against a familiar yardstick. When engines were first invented, their power was expressed as a multiple of the power of horses, and horses remain the comparator … Continue reading

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

The value of elephants as an illustrative example

It occurs to me that elephants have turned up more than once on this site as a source of parallels or illustrations. Their first appearance here was in May, when my attention was caught by some large plastic elephants in … Continue reading

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SCL Annual Conference: The impact of changing economic cycles on the practice of IT Law

I promised in an earlier post to follow up on a reference to the Society for Computers and Law Annual Conference. This takes place in Bath on 9 and 10 October, with the title The impact of changing economic cycles … Continue reading

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

Setting up dates for lawyers

It was usually fairly easy to give a date to a document in the days of paper files. In the absence of evidence to the contrary, one accepted the date typed or written on the face of document. If there … Continue reading

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The e-discovery black box

I am not sure how they keep the standard up, but CaseCentral has been publishing a constant stream of cartoons about e-discovery which must have done wonders for their profile. If I copied every one I liked, I would by … Continue reading

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How big is the London e-disclosure market?

I may have brought you here under false pretences. I have no idea how big the London e-disclosure market is and I do not think that anyone else does either. I occasionally hear confident assertions suggesting that there is either … Continue reading

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

Sugaring the e-disclosure pill

My adverse comments on a post by an e-disclosure blogger known only as 585 bring reactions from Craig Ball and from 585 himself. What level of debate gets the messages across? Politics shows us how easily we can turn people … Continue reading

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Electronic Disclosure – Jackson by numbers

I have some heavyweight writing in hand at the moment involving, amongst other things, an analysis of the costs figures which Lord Justice Jackson set out in his Preliminary Report on Litigation Costs. Most of my articles come from my … Continue reading

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

The right combination of skills at the best possible price

“Outsourcing” is just a label for the distribution of functions into the hands best equipped to perform them at the lowest cost. Both the functions and the relative costs change over time and need constant re-evaluation. Cost reduction involves more … Continue reading

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

Jackson Litigation Costs Review consultation ends

A few seconds before midnight on Friday, an e-mail arrived from Abigail Pilkington, the Clerk to the Review of Civil Litigation Costs. It was a bit eerie, really. The East Wing of the Royal Courts of Justice is a cavernous, … Continue reading

Posted in Access to Justice, Attenex, Case Management, Civil justice, Court Rules, Courts, CPR, Discovery, DocuMatrix, E-Discovery Suppliers, Early Case Assessment, eDisclosure, eDiscovery, Electronic disclosure, Equivio, FTI Technology, Judges, Litigation, Litigation costs, Litigation Support, Lord Justice Jackson, RingTail | Leave a comment

Once bitten is twice shy – but you may find that things have changed

My experience of trying voice recognition software again after a failed experiment some years ago, has messages for those who have not caught up with developments in litigation support software. I have come back to voice recognition software after many … Continue reading

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

Well-justified anonymity of Jackson commentator

I am not sure what to make of an article which I have found on a blog criticising aspects of Lord Justice Jackson’s Preliminary Report on litigation costs. I have a general rule that if I do not have something … Continue reading

Posted in Case Management, Courts, eDisclosure, eDiscovery, Electronic disclosure, Forensic data collections, Judges, Litigation, Litigation Support | Leave a comment

Woolf v Genn: the decline of civil justice

My post’s heading, Woolf v Genn: the decline of civil justice, is taken from an article in the Times of 23 June 2009 which I missed. I do not altogether blame myself for not seeing it — the people who … Continue reading

Posted in Access to Justice, Case Management, Civil justice, Court Rules, Courts, CPR, eDisclosure, eDiscovery, Electronic disclosure, Judges | Leave a comment

Getting away from it all

I have never been much good at this holiday lark. I can manage the logistics of travel, and I do not suffer from any illusion that the world’s continuing rotation depends on my being at my desk. I can flit … Continue reading

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

The information war – news from the front updated

My post Cooperative hands across the sea referred to an article by Jason Baron on Ralph Losey’s e-Discovery Team blog.  Jason’s article attracted some comments, two of which are worth hiving off for comment in their own right. One concerns … Continue reading

Posted in Brussels, Civil justice, Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, EU, Forensic data collections, Litigation Support | Leave a comment

Outsource edisclosure and share the load

The outsourcing of legal functions is suddenly topical as a result of Rio Tinto’s decision to set up an outsourced legal resource in India and Pinsent Masons’ plan to have first pass litigation review done in South Africa – see … Continue reading

Posted in Court Rules, CPR, E-Discovery Suppliers, eDisclosure, Electronic disclosure, Epiq Systems, Litigation, Litigation Support, Part 31 CPR | Leave a comment

Cooperative hands across the sea

My post about the increasing exchange of ideas between the US and UK on matters of electronic discovery (Preserving the old ways, protecting the new ways) followed a spate of references in US e-discovery commentaries to what is happening in … Continue reading

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

Preserving the old ways, protecting the new ways

This column, as you may have noticed, is deeply attached to the old principles of discovery of documents as a means of bringing evidence before the court. It is also a determined advocate of new ways of managing it. The … Continue reading

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

US-UK cross-fertilisation for discovery

Vince Neicho, litigation support expert at Allen & Overy in London, has an interesting article in Legal Week about the increasing amount of discussion and shared ideas between those interested in e-discovery / eDisclosure in the US and the UK. … Continue reading

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

Do two outsourcing stories in one week presage a trend?

The decision by Rio Tinto to send some legal work to India comes at the same time as Pinsent Masons announces its plans to send first-pass litigation review work to South Africa. Once you strip out the protectionist reactions of … Continue reading

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

Australia at the centre of the discovery world

The default map of the world shows Britain in the middle and near the top, with Alaska at top left and New Zealand at bottom right. Perhaps that is because Europe invented the Greenwich Meridian; maybe it is a legacy … Continue reading

Posted in Australian courts, Case Management, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, Early Case Assessment, eDisclosure, eDisclosure Conferences, eDiscovery, eDiscovery Tools, EDRM, Electronic disclosure, FRCP, FTI Technology, Guidance Software, Litigation, Litigation costs, Litigation Support, Lord Justice Jackson, Nuix, Part 31 CPR, RingTail | Leave a comment

Equivio appeal to corporate IT

Back in March, I wrote about an interview which I had conducted with Warwick Sharp, Vice President of Marketing and Business Development at Equivio (see Podcast summarisises Equivio benefits). A transcript of the interview was first published in Enterprise Technology … Continue reading

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

Sedona Conference dialogue on cross-border discovery in Barcelona

As I have noted elsewhere, I had my own cross-border problems in getting to the Sedona Conference International Programme on Cross-Border eDiscovery, eDisclosure and Data Privacy Conflicts in Barcelona on 10-11 June. I was chairing an edisclosure conference in London … Continue reading

Posted in Brussels, Data privacy, Data Protection, Discovery, Document Retention, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, EU, EU Safe Harbor, Litigation Support, Sedona Conference | Leave a comment

Ark Group e-Disclosure Conference 2009

You can generate a lot of notes in six conference days in three countries in nine days and have little time to transcribe them. I am quite good at actually recording what people say, less so at the small but … Continue reading

Posted in Access to Justice, Case Management, Civil justice, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Epiq Systems, Forensic data collections, Litigation, Litigation Support, Lord Justice Jackson, Part 31 CPR | Leave a comment

Jackson conference challenge to litigation support providers

Lord Justice Jackson laid down a challenge to litigation support providers at the Ark Group e-Disclosure 2009 conference in London last week. They must, he said, find a way to bring down the cost of e-disclosure; if they cannot, then … Continue reading

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

In travelling as in most services delivery, it is the little things which matter

If this piece has any e-discovery parallels at all, they are to do with project management and the contingencies of time and cost which turn up in any project. It is also about the apparently trivial things which flavour a … Continue reading

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Judge Grimm webinar on the Maryland Protocol

When US Chief Magistrate Judge Paul W Grimm was in London for the IQPC Information Retention and e-Disclosure Management Conference recently, he mentioned the Maryland Protocol which he and others have devised for the better handling of electronically stored information … Continue reading

Posted in Case Management, Court Rules, Courts, Discovery, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, FRCP, Judges | Leave a comment

Birmingham Post reports on costs management trial

The litigation costs management trial on which I reported a few days ago (Jackson launches costs management trial in Birmingham) has been covered by the Birmingham Post. Their article of 3 June is headed City will be test case for … Continue reading

Posted in Case Management, Civil justice, Courts, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Judges, Litigation, Litigation costs, Lord Justice Jackson, Outsourcing | Leave a comment

Remember to seek disclosure of telephone recordings

A “document” is defined in Rule 31.4 CPR as “anything on which information of any kind is recorded”. Lawyers brought up in the days of paper disclosure, even those who have adjusted to electronic versions of those paper documents such … Continue reading

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

The anatomy of practical disclosure and the body of evidence

Having not previously opened my doors to guest contributors, I now do so for the second time in a week. Legal Inc, who are amongst the sponsors of the e-Disclosure Information Project, held a workshop with the medical title shown … Continue reading

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

Graphical display of thesaurus terms

The graphical display of discovery / disclosure information has been one of the most interesting developments in software designed for search of all kinds. It is specifically so for litigation document review purposes and, perhaps even more so, for early … Continue reading

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

Parallel and cross-border developments in eDiscovery

I have just had to turn down the opportunity to speak at a conference organised by LexisNexis in Hong Kong on 20 and 21 July. The invitation was to deliver the keynote speech at the start of the first day … Continue reading

Posted in Case Management, Court Rules, CPR, Data privacy, Data Protection, Discovery, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, FRCP, Litigation Support, Lord Justice Jackson, Regulatory investigation | Leave a comment

Recommind recommends recognising risks of e-disclosure unreadiness

I do not take a great deal of notice of press releases. If they are interesting, everyone else will gamely recycle their contents, and who wants to be like everyone else? If they are not…. you don’t need me to … Continue reading

Posted in Discovery, Document Retention, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Litigation costs, Litigation Readiness, Lord Justice Jackson, Recommind, Regulatory investigation | Leave a comment

Mock e-Disclosure hearing photographs

For those who have already seen the post about our mock e-disclosure hearing at IQPC last week, I have now added some photographs to it. They and others can also be found here. They were all taken by Sonia Perez … Continue reading

Posted in Case Management, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Guidance Software, IQPC, Judges | Leave a comment

Making a play to sugar the e-disclosure pill

In a previous post (The discovery of disclosure commonality with a trans-Atlantic judicial panel)  I told how IQPC had, at my suggestion,  invited US Magistrate Judge John Facciola and Chief US Magistrate Judge Paul Grimm to come to their Information … Continue reading

Posted in Case Management, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Guidance Software, IQPC, Litigation costs, Part 31 CPR | Leave a comment

The discovery of disclosure commonality with a trans-Atlantic judicial panel

If I were to define a perfect working day it would go something like this: wake up in a comfortable hotel and take a five minute stroll to Piccadilly; sit on a platform with the two leading US and the … Continue reading

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

Everything and everyone at the IQPC Information Retention and E-Discovery Management Conference

I reached IQPC’s Information Retention and E-Discovery Management  Conference 2009 just as the first speaker stood up on Wednesday morning, feeling rather like Phileas Fogg as he burst into the Reform Club with seconds to spare. Although I had not … Continue reading

Posted in Discovery, Document Retention, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Epiq Systems, Ernst & Young, FTI Technology, Guidance Software, IQPC, Litigation, Litigation costs, Litigation Support, Lord Justice Jackson | Leave a comment

Compliance with the demands of an e-disclosure diary

I don’t think I envisaged a peaceful life when I decided to commit all my time to promoting electronic disclosure, but I am not sure either that I foresaw this much activity compressed into a short space. It is just … Continue reading

Posted in Case Management, Court Rules, Courts, CPR, Discovery, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Forensic data collections, IQPC, Litigation, Litigation Support, Lord Justice Jackson, Trilantic | Leave a comment

Clyde & Co selects Epiq Systems and Trilantic as preferred e-disclosure providers

Although the business of the e-Disclosure Information Project involves telling law firms and corporations about electronic disclosure technology suppliers, I avoid discussions about pending competitive tenders in the e-disclosure market. Given the range of people with whom I am in … Continue reading

Posted in Case Management, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, Litigation, Litigation costs, Trilantic | Leave a comment

Something for everyone in the Jackson litigation costs report

Lord Justice Jackson’s interim report on civil litigation costs weighed in at 650 pages, not the 1,000 pages which rumour anticipated. It is as well that I am commentator not a newshound journalist, because I missed the big day and … Continue reading

Posted in Access to Justice, Case Management, Civil justice, Court Rules, Courts, CPR, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Litigation, Litigation costs, Litigation Support, Lord Justice Jackson | Leave a comment

The untapped potential of YouTube as a promotional medium

You can launch political policies, bands and brands on YouTube, but perhaps not 1,000 page interim reports on litigation costs. Lord Justice Jackson will do his launch tomorrow with an old-fashioned press conference. Other things, however, bring the marketing and … Continue reading

Posted in Civil justice, Court Rules, Courts, CPR, Discovery, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, IQPC, Litigation, Litigation costs, Litigation Support, Lord Justice Jackson | Leave a comment

Richard Susskind webcast on the End of Lawyers?

Professor Richard Susskind caused a stir at the ABA TechShow in Chicago in April with his thoughts on the way the future looks for the legal profession. The context was the launch of his latest book, The End of Lawyers?, … Continue reading

Posted in Civil justice, eDisclosure, eDiscovery, Electronic disclosure, Legal Technology, Litigation, Litigation costs, Litigation Support | Leave a comment

Guidance Software survey for IQPC

The Information Retention and e-Disclosure Conference run by IQPC is usually one of the best in the calendar, with a better-than-usual mix of corporate users and information professionals. It take place this year on 20 and 21 May at Le … Continue reading

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

E-Disclosure in the £50,000 case

The article to which I am about to refer you is in fact called E-Discovery in the $50,000 Case by Conrad Jacoby and not as my heading shows it. We in the UK renamed the ancient process known as discovery … Continue reading

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

High praise for e-Disclosure Podcast

I must obviously be even-handed and objective when passing on recommendations for e-Disclosure events and initiatives, and in reporting that CPDCast’s e-Disclosure Podcast has been described by one barrister listener as “brilliant”, I should not be inhibited by the fact … Continue reading

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Fast Track Directions in Australian Federal Court

The  Australian Federal Court has promulgated new Fast Track Directions which aim to get a case finished within 5 to 8 months, and to reduce costs by limiting discovery and avoiding lengthy interlocutory disputes. I have noted before that the … Continue reading

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

Autonomy audio processing for law firms

Autonomy has wasted little time in extending its search technology into the iManage products which came to it with the acquisition of Interwoven. It has announced an audio processing capability for what is now called Autonomy iManage WorkSite. The business … Continue reading

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

Keyword searching for e-disclosure documents is not like using Google

There is no one-size-fits-all answer when deciding what keywords (and what else apart from keywords) to use to arrive at the “right” set of documents for disclosure. You have to educate yourself to know what the court expects. There is … Continue reading

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

LexisNexis debate marks ten years of the CPR

LexisNexis, publishers of the Civil Court Practice 2009 “The Green Book” marked the tenth anniversary of the Civil Procedure Rules with a debate chaired by Lord Neuberger which considered the impact of the CPR and assessed its strengths and weaknesses. … Continue reading

Posted in Access to Justice, Case Management, Civil justice, Court Rules, Courts, CPR, eDisclosure, Electronic disclosure, Litigation, Litigation costs, Litigation Support | Leave a comment

Irish discovery rules embrace electronic documents

By happy chance, the discovery rules in Ireland have the same number as those in the Civil Procedure Rules of England & Wales. Order 31 of the Rules of the Superior Courts give the court the power to order discovery … Continue reading

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

Dropping in to Oxford, dropping out to Paris

The printed description of a software application’s capabilities is no substitute for interaction with the people who are selling it, just as the bare record of historical narrative without people does little to bring a subject alive. People buy from … Continue reading

Posted in CY4OR, Discovery, eDiscovery, Electronic disclosure, Forensic data collections, Litigation, Litigation Support, Web Sites and Blogs | Leave a comment

Political masterclasses in electronic disclosure

Her Majesty’s Government (the poor woman must shudder at the phrase just now) continues to provide an ongoing masterclass in how not to handle electronic disclosure projects. The week-end’s account by Damian Green MP of the police raid on his … Continue reading

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Anacomp gets unqualified SAS 70 Type II security certification

Anacomp, which owns the litigation review platform CaseLogistix, has received a full unqualified SAS Type II certification for its hosting and operations centre at Herndon, Virginia. SAS 70 is an auditing standard established by the American Institute of Certified Public … Continue reading

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

All the news that’s fit to print from Unfiltered Orange

The source for my story about the US – Swiss Safe Harbor was Unfiltered Orange, the electronic discovery resource run by Rob Robinson for Orange Legal Technologies. Rob’s then e-discovery blog was the first resource I came across when I … Continue reading

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

Informed comment in the Times adds to the Woolf rules debate

No sooner had I published my post Have the Woolf reforms worked? yesterday when Jonathan Maas flicked me a link to an article in Times Online on the same subject. It is called Sad and unsatisfactory – but not destroyed … Continue reading

Posted in Access to Justice, Case Management, Civil justice, Court Rules, Courts, CPR, eDisclosure, Electronic disclosure, Judges, Litigation, Litigation costs, Litigation Support, Lord Justice Jackson | Leave a comment

Not going to Canada for the second time this month

As you may recall, I was not able to go to a meeting in Toronto at the beginning of April, when Senior Master Whitaker and I had hoped to see Justice Campbell and others to talk about common ground between … Continue reading

Posted in Australian courts, Case Management, Civil justice, Court Rules, Courts, Discovery, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, EU Safe Harbor, Legal Technology, Litigation Support | Leave a comment

Have the Woolf reforms worked?

An article in the Times of 9 April had the title Have the Woolf reforms worked? Written by Lawrence West QC, it makes an uncompromising start with the assertion in the first paragraph that “the reforms — known as the … Continue reading

Posted in Access to Justice, Case Management, Court Rules, Courts, CPR, Early Case Assessment, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Lord Justice Jackson | Leave a comment

Confounding the expectations of a cynical audience

Susan Boyle, the unlikely-looking star of Britain’s Got Talent, reminds us that first impressions may mislead. You do not know how good something can be unless you see – or, in this case, hear – it. Your cynicism as to … Continue reading

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

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

It is very good to welcome FTI Technology as a sponsor of the e-Disclosure Information Project. FTI Technology is a segment of FTI Consulting, Inc., a global business advisory firm, and brings immense resources to bear on the acquisitions and … Continue reading

Posted in Australian courts, Courts, Discovery, E-Discovery Suppliers, Early Case Assessment, eDisclosure, eDiscovery, Electronic disclosure, Ernst & Young, Litigation Support, Regulatory investigation | Leave a comment

KordaMentha picks EnCase from Guidance Software for Australian eDiscovery

Like sport and so much else, the idea of proving a legal case by discovery of documents is an old English concept which was adopted wherever the English had a hand in establishing a system of law. America kept it … Continue reading

Posted in Australian courts, Case Management, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, Early Case Assessment, eDisclosure, eDiscovery, Electronic disclosure, Forensic data collections, FRCP, Guidance Software, Litigation, Litigation Support, Regulatory investigation | Leave a comment

Welcome to Legal Inc as e-Disclosure Information Project sponsor

I am delighted to welcome Legal Inc as a sponsor of the e-Disclosure Information Project, joining a group which is increasingly representative of the full range of e-disclosure suppliers and service providers. Legal Inc was set up by Lisa Burton … Continue reading

Posted in Andrew Haslam, CaseLogistix, Clearwell, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, Electronic disclosure, FTI Technology, IQPC, Litigation Support | Leave a comment

Catching up with KPMG

Part of the function of the e-Disclosure Information Project is to keep up with what the providers of software and services are doing. Given my emphasis on the human aspects of this business (which recurs in this blog and elsewhere … Continue reading

Posted in Attenex, Case Management, Clearwell, Commercial Court, CPR, E-Discovery Suppliers, Early Case Assessment, eDisclosure, eDiscovery, Electronic disclosure, FTI Technology, KPMG, Litigation, Litigation Support, Part 31 CPR, Regulatory investigation | Leave a comment

Explaining the Procrustean Bed

My post Zander sees his Woolf CPR predictions fulfilled refers you to an article by Michael Zander QC. As an aside, a generation deprived of a classical education may be puzzled by Zander’s reference to a “Procrustean bed”, as I … Continue reading

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

Zander sees his Woolf CPR predictions justified

Michael Zander QC, now Emeritus Professor at the LSE, was a forthright and eloquent critic of the Woolf reforms which led to the Civil Procedure Rules in 1999. Few took much notice of his predictions, least of all Lord Woolf. … Continue reading

Posted in Access to Justice, Case Management, Civil justice, Court Rules, CPR, Discovery, Early Case Assessment, eDisclosure, eDiscovery, Electronic disclosure, Judges, Litigation, Litigation costs, Litigation Support, Mediation and ADR, Part 31 CPR | Leave a comment

Podcast summarises Equivio benefits

I recorded a podcast last week with Warwick Sharp, Vice President of Marketing and Business Development at Equivio. It is available from Equivio’s home page. I know there is no great technology involved in podcasts, and I might be expected … Continue reading

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

Free e-disclosure podcast from CPDCast

I recorded a podcast last week with James Sheedy of CPDCast. You can listen to it for free and solicitors, barristers and ILEX member can get CPD points for doing so. There is a note at the bottom of this … Continue reading

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

The FSA swoops on the unprepared

The American Museum of Natural History in New York contains many tableaux – scenes of animals and man in various stages of early development. My son and I spent an afternoon in there when LegalTech had ended and I found … Continue reading

Posted in eDiscovery, Electronic disclosure, LegalTech, Litigation Readiness, Litigation Support, Regulatory investigation | Leave a comment

Autonomy finalises Interwoven acquisition

An overnight press release confirms that Autonomy’s acquisition of Interwoven has been finalised. It has been understandably difficult to get any useful comment out of either of them (I have tried) whilst the transaction was awaiting the formal approvals necessary … Continue reading

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