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- Pitching it just right at Relativity Fest London
- Relativity expands its Justice for Change program to EMEA and its philanthropic initiatives with Microsoft
- The conflict between eDiscovery and GDPR – Norra Stockholm Bygg AB
- Relativity Predictions Webinar – Q1 2023
- Revisiting useful old judgments: deleted messages and adverse inferences
- Ireland’s Legal Tech Conference 2022 on 29 November in Dublin
- AI and Data Management lead the story at Relativity Fest
- A full agenda at Relativity Fest from 26-28 October in Chicago and online
- Wrapping up two UK disclosure cases which caught the public eye
- Farewell to Charles Christian, who brought legal technology to lawyers
- Interlocutory orders and contempt – the “burn it” judgment
- Relativity acquires Heretik for contract review and intelligence
- Cabo Concepts v MGA – lack of disclosure supervision brings indemnity costs order
- A glut of disclosure stories just as I turn my back
- Disclosure duties and audit – not as easy as some may think
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Category Archives: Electronic disclosure
Dispute resolution in Singapore and Hong Kong – a turn-of-the-year round-up
It is time that I did a review of eDiscovery developments in the Asia-Pacific region, and particularly the common law jurisdictions of Hong Kong and Singapore. It is perhaps only from half a world away that one lumps Hong Kong … Continue reading
Clearing the decks, clearing the mind and reviewing my publishing output platforms
In addition to the (overdue) VAT return which I did on Christmas Day, I spent the Christmas break getting rid of stuff and thinking about how best to present (that is, get and give value from) the masses of information … Continue reading
Posted in Court Rules, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Twitter
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A few eDisclosure cases of 2014
I recently started an article on cases relating to eDisclosure and evidence in England and Wales but side-tracked myself with a brief summary of the rules and of the position as it stands after Denton – see A little CPR … Continue reading
Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure
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Smailes v McNally: eDisclosure consequences of failure to comply with a clear Unless Order
My original plan was to include this case in a summary of recent eDisclosure cases. Once the long-delayed appeal judgment was published, it warranted more detail than the compendium would bear, so I publish it separately. The eDisclosure case of 2014 … Continue reading
Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation
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The importance of geolocation data as evidence
Craig Ball has written, with his usual mix of learning and practicality, about the availability of geolocation information derived from our every day use of devices connected to the Internet, particularly those which make use of cell tower sites. His … Continue reading
Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure
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Emily tries but misunderstands social media ah ooh
You have choices when starting articles. You might have an obscure but dramatic opening to get attention, but I’ve used “It was a dark and stormy night”, and I’ve only just done one beginning “The scene: a dark cobbled lane with … Continue reading
Guest article from Navigant: Let’s talk about Voice
I recently recorded a video with Tanya Gross of Navigant in London called The technology changes which allow proportionate disclosure of audio data. You can find it here and at the foot of this page. At the same time, Tanya … Continue reading
Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Navigant
Tagged Alex Dunstan-Lee, Tanya Gross
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Energy risk discussion session with Recommind
This is one of a series of posts about events in which I was involved in last week. The management of electronic information goes wider than the formal requirements of litigation, regulation and investigation, and takes you into areas both … Continue reading
ILTA Insight – the future by those whose future it is
This is the second post about three events which I attended last week. There is a tenuous common theme to do with the range of subjects gathered under the broad label “eDiscovery” and the career opportunities which it offers. The … Continue reading
Career variety: energy risk, litigation budgets and Irish eDiscovery in three days
The scene: a dark cobbled lane, with dim lamps redolent of Dickens’ London, by an arch leading to a small alley. I am on the phone to my wife. Todd Horst, the US-based marketing director of eDiscovery / eDisclosure provider Consilio … Continue reading
Posted in Consilio, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Recommind
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Irish Times eDiscovery article as a warm-up for this week’s conference
As I have mentioned before, there is an eDiscovery conference taking place in Dublin this Friday, 14 November. Its website is here and the brochure is here. Speakers include Mr Justice Frank Clarke of the Irish Supreme Court, US Magistrate … Continue reading
A little CPR as precursor to some eDisclosure cases
Let’s have a look at a few cases involving eDisclosure under the Civil Procedure Rules of England and Wales. I refrain from calling them “eDisclosure cases” because it is important to emphasise that disclosure is simply a part of two … Continue reading
LawTech Europe Congress 2014 in Prague – Part 1: the region and the city
As an experiment, go to Google Maps and find Prague. Then press the minus sign to move out from there. Czech Republic borders Germany, Poland, Slovakia and Austria; it is close to Hungary, Romania, Ukraine, Belarus, Lithuania, Moldova, Serbia, Bosnia … Continue reading
AA v Southwark – local authority’s non-disclosure rounds off an appalling story
Most of the judgment in AA v London Borough of Southwark is about the appalling conduct of a local authority towards one of its tenants. That alone would not warrant a place in this blog, but there were procedural issues … Continue reading
Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure
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Keeping one’s eye on the ball
The scene: the eye clinic at the John Radcliffe Hospital, Oxford. The time: 9.00am. The plan: a quick inspection following a referral from my optician, then back to my desk. The outcome: “Nothing to worry about, but we’ll just put you into … Continue reading
Two weeks at Office-by-the-Sea in Cornwall for projects and preparation
This post began as an apologia for the fewness of my posts over the last three weeks. I don’t actually feel very guilty about it and achieved, among other things, a project – a short video about Browning Marean which you … Continue reading
Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure
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ILTA 2014: The cloud for companies and celebs alike
The talk at ILTA this year was not so much about giving discovery from the cloud but about a more fundamental question – should we be putting data in the cloud at all? The standout session on this discussed a … Continue reading
Posted in Cloud, Discovery, eDisclosure, eDiscovery, Electronic disclosure
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ILTA 2014: Diversification the key for litigation support vendors
This is one of a set of posts about the content and the discussion at ILTA 2014 in Nashville. Originally intended as a single post, the result was too long for that and I decided to split them up. See … Continue reading
ILTA 2014 – the context and the logistics
This post is about ILTA the event – the organisation and the experience of being there. I will write separately about the legal technology subjects which came up in the sessions and in discussion. August 1914 is my starting point … Continue reading
Browning Marean: the tributes pour in
My article about the late Browning Marean Goodbye old friend has attracted several comments from those who were touched by his contribution, personal and professional, to them and to eDiscovery. The English judge HHJ Simon Brown says Browning was “the Global Professor … Continue reading
Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure
Tagged Browning Marean
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Goodbye old friend: farewell to Browning Marean
Browning Marean of DLA Piper US died a couple of days ago. He had spent much of the year undergoing treatment for oesophageal cancer. When we spoke on Skype recently (oh so recently) he was excited at events coming up … Continue reading
Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure
Tagged Browning Marean
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Could an English court require lawyers to make a video about their disclosure obligations?
I recently wrote an article about the Court of Appeal’s decision in Denton which I called Letting the punishment fits the crime as Mitchell gives way to Denton. As the title implies, I suggested that Denton took us some of the way back … Continue reading
Comparing like with like and keeping eDisclosure fears in proportion
“E-disclosure is about being clever with the way you do document reviews. It’s about picking the right search terms, using a good provider and having a proper hosting platform.” This sensible quotation, from RPC disputes head Geraldine Elliott, appears in an … Continue reading
Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure
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Letting the punishment fit the crime as Mitchell gives way to Denton
What was over in moments, added a word to the law’s dictionary, led to countless spin-off cases and applications, cost millions in legal fees, ended reputations and, having left its mark, disappeared from the scene? There is are curious parallels … Continue reading
Take your legal work in, put your legal work out. In, out, in, out, shake it all about
The Hokey Cokey, whose words I bastardise for my title, proves to have national variants, rival sources and alternative meanings, not all of them positive. You can fight about that among yourselves. All I want from it is the idea … Continue reading
Looking beyond the Gartner Magic Quadrant for eDiscovery Software
Gartner’s annual Magic Quadrant for eDiscovery software was published last week. I am not sure that I am authorised to publish it, but you can find several copies of last year’s version on the web. I wouldn’t worry too much … Continue reading
Information Governance – what it is and why we need it
ZyLAB and the Information Governance Initiative join forces to spread some light about Information Governance in an on-demand webinar. The Information Governance Initiative is a cross-disciplinary think-tank and consortium dedicated to advancing information governance practices and technologies. It is supported by many … Continue reading
The hunter-gatherer phase of eDiscovery
I don’t flatter myself that anyone but my wife and the dog notices if I am away a lot, but you might perhaps have observed that there have been relatively few posts here in the last couple of months. If … Continue reading
Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure
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Cardozo School of Law launches Data Law Initiative
The Benjamin N Cardozo School of Law in New York has launched a new programme offering legal training in information governance, electronic discovery, data privacy, social media law and cyber security. Between them, these subjects cover a wide range of … Continue reading
The stars of eDiscovery take to the silver screen: A Decade of Discovery
Where will you find every starlet who ever removed her clothes for the cameras, every axe-wielding, blood-sucking, teeth-baring monster, every passionate or sighing lover, every type of comic, character, hero and villain, and quite a few federal judges? The answer, perhaps surprisingly, is in … Continue reading
Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure
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Blurmany and Spain, you and me – the trade-off between convenience and privacy
Loss of privacy is the price we pay for the convenience of Internet and mobile technology. Different countries and different age groups accord varying degrees of value to the one and to the other. Germany and Spain have their own … Continue reading
Identifying opportunities at the second ALM – ILTA Legal Technology Summit in Hong Kong
ALM and ILTA brought their second Asia Legal Technology Summit to Hong Kong in March. I make no apology for reporting on this event several weeks after it took place. I went on a long trip to the US almost immediately … Continue reading
Neil Cameron on Casey Flaherty: can most lawyers use their law firm’s expensive IT properly?
Neil Cameron has been writing about lawyers and technology for ever where “for ever” means “even longer than I have”. When I first started getting into the subject in the ’90s, Neil Cameron was already there, writing articles and giving talks … Continue reading
Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure
Tagged Casey Flaherty, Neil Cameron
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Welcome to Navigant as a sponsor of the eDisclosure Information Project
It is a great pleasure to welcome Navigant as the latest sponsor of the eDisclosure Information Project. My primary involvement will be with the Legal Technology Solutions practice in London. I have known the UK practice leader, Managing Director Alex Dunstan-Lee (picture … Continue reading
Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure
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Justice takes a bashing but litigation work goes on
To say, as I did in a recent article, that that “civil justice in the UK has plunged off a cliff” is not the same as saying that civil disputes are in decline. Litigation lawyers, at least at the mid- to … Continue reading
Survey on the implementation of the CPR as it affects disclosure
Barrister Clive Freedman was, as I was, a member of Senior Master Whitaker’s Working Party which drafted the eDisclosure Practice Direction 31B and the Electronic Documents Questionnaire. He runs an extremely informative website at http://www.edisclosure.uk.com covering the law and practice … Continue reading
Posted in CPR, eDisclosure, Electronic disclosure
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The Commercial Litigation Association of Ireland launches a Good Practice Discovery Guide
As will be clear from other references on this site, I am interested in developments in discovery practice in any jurisdiction for which eDiscovery is required by the rules of local civil procedure. My most recent involvement in this respect … Continue reading
Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Ireland
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Nigel Murray gets hip – and rides again for Help for Heroes
eDiscovery and data privacy consultant Nigel Murray is again cycling across northern France on the Big Battlefield Bike Ride between 1 and 8 June in support of Help for Heroes. Two things make this a special year – one is … Continue reading
Kennedys seminar on 12th March in Birmingham – Surviving Jackson: one year on
Solicitors Kennedy’s gave a seminar this week with the title Surviving Jackson. Many of the points made in it were live-tweeted and the tweets have been collected here by academic and lawyer John Bates @MrJohnBates. They provoke thought. Kennedys is … Continue reading
Washington and New York to Mitchell via privacy, Singapore and Lobachevsky
The problem with running a website which offers news and updates is that people notice when it lies silent – the essence of news is that it is new. In fact, I have never aspired to timeliness and, as I … Continue reading
Lots of things to catch up with in eDiscovery and civil justice
Yes, there is much to be writing about, and it will all appear here soon – including a post explaining what I have been doing and why there has been a gap in my reporting and commentary. Briefly, I have … Continue reading
Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure
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Evidence, privacy and proportionality at Lawtech Europe Congress in Prague
I have no particular ambition to write up events as soon as they finish. Distance lends perspective, and anything worth reporting at all will be as valuable a couple of months later. The Civil Procedure Rules of England and Wales … Continue reading
Reducing the number of documents to be reviewed
Charles Christian’s Legal IT Insider has published a very good article by Drew Macaulay, Managing Director of Consilio in London. Its title is Establishing effective cost controls in litigation and regulatory investigations, and gives the same emphasis to budgets as … Continue reading
Posted in Consilio, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure
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Judge Facciola and Jason Baron top the bill at UBIC’s Washington seminar
UBIC is perhaps best known as a provider of software and services specifically aimed at electronic discovery and with a particular specialist skill in managing Asian languages. It is more broadly based than that, however, and extends into information governance … Continue reading
Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, UBIC
Tagged Bill Butterfield, Conor Crowley, David Shonka, Judge Facciola, Patrick Burke
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EDiscovery leaders and career opportunities highlighted by US legal publications
Electronic Discovery / eDisclosure is a new discipline. It has passed the Wild West stage but it is still new enough and small enough that the contribution of its founding members can be recognised with the perspective of time. Three … Continue reading
Mitchell and relief from sanctions under CPR 3.9 Part 3: eDisclosure compliance
Two preceding articles have considered the implications of the Mitchell judgment, one in general terms and one more specifically, with a look at alternative approaches which we might see from the courts. This third post looks at what the disclosure … Continue reading
Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Part 31 CPR
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Mitchell and relief from sanctions under CPR 3.9 Part 2 – is Mitchell the last word?
This is the second of (at least) three sequential posts about different aspects of the Court of Appeal’s decision in Mitchell v NGN. The first was called Mitchell and relief from sanctions under CPR 3.9 Part 1 – cock-up or … Continue reading
Steve Couling of kCura turns sweat into cancer support
Steve Couling represents kCura in the UK and Europe. I knew him for a long time without realising that he engages in extremely arduous challenges for charity. Steve is raising money for Macmillan Cancer Support and his fund-raising page, Couling’s … Continue reading
Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, KCura
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Mitchell and relief from sanctions under CPR 3.9 Part 1 – cock-up or conspiracy?
One of the many advantages of not being a journalist is that I do not feel the need to react immediately when major developments occur. The news in November that the Court of Appeal, led by the Master of the … Continue reading
A reporting hiatus in a bustling eDiscovery / eDisclosure world
You may have noticed that my written output has slowed down a little recently. Before somebody writes in to ask why (they do, you know) it may be worth giving a few lines of explanation. Put briefly, UK procedural developments … Continue reading
Posted in Civil justice, Courts, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure
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Cicayda, kCura and Huron Legal in one trip – 3 – Relativity Fest and Huron Legal in Chicago
This is the third of three posts in which I tell of a trip to Nashville and Chicago in October with my son William. I took part in events or meetings with the three companies named in my title – … Continue reading
Posted in Cicayda, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Huron Legal, KCura
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Welcome to Iris Data Services as a sponsor of the eDisclosure Information Project
IRIS Data Services, a Kansas-based eDiscovery services provider with a world-wide footprint, has now opened in London. I am very pleased to welcome Iris as the latest sponsor of the eDisclosure Information Project. IRIS was established in 2007 by President … Continue reading
Cicayda, kCura and Huron Legal in one trip – Part 2 – with Cicayda in Nashville
This is the second part of my account of a trip to the US in October. My son William and I went to Nashville and Chicago where I took part in events or meetings with the three companies named in … Continue reading
Posted in Cicayda, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Huron Legal, KCura
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Social media analytics give encouragement to eDiscovery / eDisclosure lawyers
One of the difficulties in trying to persuade lawyers to adopt (or even consider) the use of technology is that they are chary of anything new. Another is that they think that their work is somehow “special”, depending on those … Continue reading
Cicayda, kCura and Huron Legal in one trip – Part 1: setting the scene
I was not intending to go to the US in October. September included a trip to Hong Kong and a holiday. October had several UK engagements in it as well as a conference in Prague. The potential US events – … Continue reading
Posted in Cicayda, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Huron Legal, KCura
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Second Annual New Zealand eDiscovery Conference on 19 March 2014
New Zealand is quietly getting on with improvements to its civil procedure rules, supplementing its Discovery Rules of 2012 with a new Electronic Bundles Practice Note. Andrew King of eDiscovery Consulting in New Zealand has announced the date for the … Continue reading
Bringing the right tools and methods to the eDiscovery madness
There are, we know, still many lawyers using some rather basic tools to undertake eDiscovery exercises. Adam Rubinger of NightOwl Discovery, in an article called A Method to the Madness tells of organisations using spreadsheets and emails to collect and … Continue reading
What have the futurists ever done for us?
The agenda for ILTA INSIGHT in London on 14 November includes a full programme designed to appeal to legal practitioners in every area of practice. There is also a speech by legal and business futurist Rohit Talwar. What can we … Continue reading
Moving forward with eDiscovery in the Hong Kong civil courts – the Epiq Systems / ALB Round Table
I have reported briefly in earlier articles the round table which I moderated in Hong Kong on 13 September at which leading eDiscovery lawyers assembled at the invitation of Epiq Systems and Thomson Reuters’ Asian Legal Business to discuss the … Continue reading
ILTA brings Insight to legal technology in London on 14 November
I am an unabashed enthusiast for the International Legal Technology Association, ILTA, whose big US conference every year is one of the high points of my (over-full) conference calendar. It has three key elements which are critical to lawyers everywhere … Continue reading
Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, ILTA, ILTA Insight
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Raising your game – Casey Flaherty’s technology competency audit and Neota Logic
Although I am quite capable of sourcing and writing up my own original material, that is not always the practical nor the best service I can offer you. If someone else has written an interesting article, it makes more sense … Continue reading
Budgets, costs and sanctions in England and Wales – links to some good reporting
One cannot hope to keep up with everything which is going on in consequence of the Jackson reforms to civil procedure in England and Wales. They took effect on 1 April and we are seeing a move from judgments which … Continue reading
Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Jackson Reforms
Tagged Dominic Regan, Gordon Exall, Rachel Rothwell
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Barrister Damian Murphy sets up chambers dedicated to eDisclosure
Barrister Damian Murphy has resigned from Enterprise Chambers to set up his own Chambers, Indicium Chambers, focusing exclusively on electronic disclosure. There is a Lawyer article about this interesting development here. I am doing three events with Damian in the … Continue reading
Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure
Tagged Damian Murphy
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TeCSA to run eDisclosure in Practice day on 1 November
TeCSA, the Technology and Construction Solicitors Association, is organising a day’s training session on 1 November with the title eDisclosure in Practice. The flyer is here. The agenda aims to introduce the proposed new TCC eDisclosure Protocol and provide a legal … Continue reading
Posted in CPR, eDisclosure, eDiscovery, Electronic disclosure, TeCSA
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The Future of US-style Discovery from a UK perspective
I am giving three talks during my trip to the US next week. The first of them is at Cicayda’s RELEvent – the un-conference at Nashville and has the title The Future of US-style Discovery from a UK perspective. I … Continue reading
Posted in Court Rules, Discovery, eDisclosure, eDiscovery, Electronic disclosure
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Article from Mayer Brown JSM on eDiscovery developments in Singapore and Hong Kong
For those who missed it, I referred in a recent article to plans by the Hong Kong judiciary to bring forward a practice direction for the management of electronic information in civil proceedings, starting with the Commercial List. As I … Continue reading
Post-Jackson “Unless orders” – Guidance relevant to eDisclosure
I have referred elsewhere to the Civil Litigation Brief, a blog about procedure, limitation, Default and the Civil Procedure Rules by Gordon Exall, barrister, of Zenith Chambers in Leeds. Gordon Exall has just published an article called Have you complied … Continue reading
Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Jackson Reforms
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UK court orders disclosure against French party despite Blocking Statute
Those who have read my occasional fulminations about US courts ordering discovery in breach of French blocking statutes will recall that much of the argument turns on whether the French will actually enforce the statute by imposing penalties on those … Continue reading
A new chrisdaleoxford web site for eDisclosure and eDiscovery
What was supposed to be a proper switch-off holiday turned into Office-by-Sea. One of the results is the new blog / web site which we have been promising ourselves for some time, one of the few so-called “Summer projects” which … Continue reading
Hong Kong (again) with Epiq and pending events with iCONECT, Cicayda and kCura
I have just been back to Hong Kong, this time to moderate a panel of litigation lawyers brought together by Thomson Reuters’ Asian Legal Business and by Epiq Systems. Epiq’s Celeste Kemper was in the chair. Our agenda was cut … Continue reading
Society for Computers and Law seeks sponsor for 40th Anniversary dinner
It does not seem that long ago that I attended the 20th Anniversary dinner of the Society for Computers and Law. That shows how time slips by, because the 40th anniversary is looming. It is to be celebrated by a … Continue reading
Posted in eDisclosure, Electronic disclosure, SCL
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Welcome to Cicayda as new sponsor of the eDisclosure Information Project
The conventional view has been that there is no room for new players in the eDiscovery market, and that we are moving to a period of consolidation, in which there will be far fewer players. That conventional wisdom has been … Continue reading
Posted in Cicayda, Discovery, eDisclosure, eDiscovery, Electronic disclosure
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Harsh or just tough? Penalty for failure to comply with Jackson procedural obligations
When I first set up a web site devoted (as it was then) to UK civil procedure, and specifically the key discovery aspects of case management, I put out a general plea for anecdotal information about the outcomes of case … Continue reading
Posted in Civil justice, Court Rules, CPR, eDisclosure, Electronic disclosure, Jackson Reforms
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Who’s next? Outgun and outrun bigger firms by hiring eDiscovery skills
A case in the Alabama Admiralty Court reminds us that if you don’t know what you are talking about, it is a good idea to get help from someone who does. UK solicitors engage known barristers for this all the … Continue reading
Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure
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eDiscovery in New Zealand – the requirements of the Discovery checklist
As in the UK and other jurisdictions, civil litigation in New Zealand is increasingly focusing on agreement and cooperation, enforced if necessary, between the parties as to the scope and execution of eDiscovery. An article called Reinforcing the requirements of … Continue reading
Information Governance: the way the wind is blowing
eDiscovery for litigation is important, but is only a part of the value which lawyers and eDiscovery providers can bring to corporate clients. The skills and technology developed to meet eDiscovery challenges can be applied to wider issues, some of … Continue reading
Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, Recommind
Tagged Bill Tolson, Dean Gonsowski, Laura Kibbe
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Proactive use of technology-assisted review beyond litigation
Although the use of predictive coding / technology assisted review seems new to litigation lawyers, the concept behind it has been used for years and in a wide range of business applications. Reduced to its essentials, predictive coding takes a … Continue reading
Costs management – relief from sanctions under CPR 3.9
One of the things I had hoped to achieve before setting off to ILTA was a post pulling together what one knows of reports of relief from sanctions cases under Civil Procedure Rule 3.9 specifically relating to costs management and … Continue reading
Establishing a uniform basis for eDiscovery costs projections
The article to which I am about to refer you may be the most important eDiscovery article you read this year. It is by Casey Flaherty, Corporate Counsel at Kia Motors America, and is called E-Discovery Costs Prediction: It’s Time … Continue reading
Posted in Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure
Tagged Casey Flaherty, Marla Bergman
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ILTA and Rohit Talwar – a project to analyse technology disruption and change
ILTA is running a project on the impact of technology on legal practice, with the futurist Rohit Talwar. The results will be delivered at ILTA Insight 2013 in London in November. After the ILTA / ALM technology conference in Hong … Continue reading
Germany moves to restrict US data transfers as PRISM concerns grow
Buried deep in my article Cross-border discovery and privacy gaps widen thanks to PRISM and trolls was a reference to an article by Hunton & Williams called German DPAs Halt Data Transfer Approvals and Consider Suspending Transfers Based on Safe … Continue reading
Welcome to NightOwl Discovery as a sponsor of the eDisclosure Information Project
The more observant among you will have noticed a new logo on the list of those who sponsor the eDisclosure Information Project. It is a very real pleasure to me to add NightOwl Discovery to a list which includes most … Continue reading
Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure
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Catalyst for ideas at the ILTA Annual Conference in Las Vegas
ILTA is the International Legal Technology Association. Its 36th Annual Educational Conference “The Catalyst” takes place at Caesars Palace in Las Vegas between 18 and 22 August. Its website, comprehensive as always, covers everything you could need to know. [A … Continue reading
Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, ILTA
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Allowance for human error in approach to relief from sanctions under CPR Rule 3.9
The changes to the case management rules included as part of Lord Justice Jackson’s reforms included an express reference to compliance. One might think it unnecessary that rules should need to recite that they are to be obeyed, but the … Continue reading
Posted in Court Rules, CPR, eDisclosure, Electronic disclosure, Jackson Reforms
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Cross-border discovery and privacy gaps widen thanks to PRISM and trolls
The eDiscovery world was not gracious enough to take a break while I was travelling recently, and I come back to a mass of things to write about. Having cleared out the things with deadlines – webinar notices and the … Continue reading
Jackson update: some useful cases and commentary
It is hard to keep up with the flow of case reports and commentary coming out as courts and lawyers grapple with the implications of the Jackson civil procedure reforms which took effect in April. Here is a short selection, … Continue reading
Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure
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Being prepared to prepare for costs estimates and budgets in post-Jackson litigation
At first glance, it may seem that my headline is somewhat repetitious, but you read it aright. Many lawyers engaged in litigation in England and Wales are well prepared for whatever comes from the new rules, and find the obligation … Continue reading
Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation
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US and UK rule changes – an interview with US Magistrate Judge James Francis
The rules relating to case management and electronic disclosure have recently changed in my home jurisdiction, England and Wales. There are pending changes to the Federal Rules of Civil Procedure which similarly affect the role of judges and the approach … Continue reading
Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure
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Big Data, Cyber, Security, Intelligence, Analytics and eDiscovery at Guidance Software’s CEIC
If my article’s title looks like a general counsel’s master to-do list, that is no accident. The key topics at Guidance Software’s CEIC 2013 (Computer and Enterprise Investigations Conference) were exactly those which sit – or which should sit – … Continue reading
Supplement in The Times encourages legal efficiency
The recent Raconteur supplement to the Times was called Legal Efficiency 2013, and I was asked to contribute an article about the Jackson reforms. It was given the title Efficiency reform of legal process, reflecting my message that there is … Continue reading
Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, Recommind
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Predictive coding at DESI V, the Oracle-EDI Study and other TAR sources
The Fifth DESI Workshop on Standards for Using Predictive Coding, Machine Learning, and Other Advanced Search and Review Methods in E‐Discovery takes place in Rome on 14 June. The Oracle-EDI Study on Predictive Coding will be published at the EDI … Continue reading
Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Equivio
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Consilio team to take Tough Mudder challenge for Help for Heroes
There is something about wounded soldiers which incites people to do extraordinary things to raise money in their support. Soldiers face hard physical challenges just to do their job, and those who come home terribly wounded inspire ordinary people to … Continue reading
Posted in Consilio, Discovery, eDisclosure, eDiscovery, Electronic disclosure
Tagged Drew Macaulay, Michael Becker
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Speeding up police forensic investigations and reducing bail periods
AccessData has been working with the UK’s Royal Military Police Service Police Crime Bureau to speed up their forensic investigations. In addition to the obvious benefits in efficiency and reputation, there are pure cost gains. The UK government has recently … Continue reading
Nigel Murray cycles again for Help for Heroes
Nigel Murray, managing director of Huron Legal in London, has successfully completed yet another long bike ride across France in support of Help for Heroes. The H for H news page is here. Nigel said afterwards: To all my kind … Continue reading
Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Huron Legal
Tagged Nigel Murray
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Breaking the dam: barristers moving in to eDisclosure
There are over 3,800 words here, in a detailed report on Legal IQ’s Information Governance and eDisclosure Summit, so bring coffee and a comfortable chair. If you don’t have time for that, the message can be reduced to a few … Continue reading
Posted in Consilio, CPR, Discovery, eDiscovery, Electronic disclosure, FTI Technology, KCura, Litigation
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eDisclosure Information Project 