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- 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
- Everlaw Clustering: making eDiscovery enjoyable
- In discovery as in life – explosive reactions when social media posts come to light
- Johnson and Arcuri and the missing documents
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Category Archives: GDPR
Reminders from Ukraine about evidence-gathering from electronic devices
The subjects loosely grouped under the heading “eDiscovery” come and go or, rather, they fill the airwaves for a while and then become absorbed into the mainstream to be replaced by the next hot topic. There was a time when … Continue reading
Preparing for a virtual panel and recording a remote interview
If this week has been short on visible output, it has been a busy one for the preparation of things to come. On Tuesday, we had the prep call for the International Panel at Relativity Fest. Relativity Fest is a … Continue reading
Behrens v Arconic: US proceedings, the Grenfell fire and the Hague Convention on the Taking of Evidence Abroad
There is a short version and a longer story to be told about the Grenfell Tower litigation in the US District Court for the Eastern District of Pennsylvania in a case called Behrens v Arconic. The short version is that Judge … Continue reading
Back from Relativity Fest with good impressions and 1.5TB of videos
I am told that we recorded 23 video interviews over the three days of Relativity Fest – I lost count, but the indefatigable Taylor Laabs of Relativity, who ran the schedule, says that that was the final total. My son … Continue reading
Moderating the international panel and recording interviews at Relativity Fest 2019
A year rolls by very quickly, and it is time for Relativity Fest in Chicago once more. It runs from 20 to 23 October and the agenda, as always, is packed with sessions, panels, workshops and social events. It grows … Continue reading
Interview with SullivanStrickler Part 2: New technology and new purposes for tape
This is the second part of an extended interview which I did with Brendan Sullivan of SullivanStrickler and Fred Moore of Horison Information Strategies, Inc. in which we discussed the revival of tape as an archive medium. The first part … Continue reading
Posted in Discovery, eDiscovery, GDPR, Information retention, SullivanStrickler
Tagged Brendan Sullivan
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FTI Consulting on building a global IG and discovery program
A recent article in Corporate Disputes Magazine looks at some of the factors – notably leadership and strategy – involved in building a global information governance and discovery programme. It includes input from Craig Earnshaw and Sonia Cheng of FTI … Continue reading
Interview: David Horrigan of Relativity reviews Relativity Fest London 2019
As Relativity Fest in London drew to a close, I interviewed David Horrigan, eDiscovery Counsel and Legal Education Director at Relativity, about the event. Writing up that interview gives me an excuse to summarise some of the points which seemed … Continue reading
Posted in Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, GDPR, Relativity
Tagged David Horrigan
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Nuix on-demand webinar: Nine ways to comply and get ahead
Brian Tuemmler is Information Governance Solution Manager at Nuix. He and I recently recorded a webinar called 9 ways to comply and get ahead. Its theme is that organisations face increasing requirements from all sides and in all jurisdictions, with … Continue reading
Posted in Discovery, eDiscovery, GDPR, Information Governance, Nuix
Tagged Brian Tuemmler
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Interview: Roger Miller of Consilio on investigations and the new imperatives in global eDiscovery
At Legaltech in New York, I interviewed Roger Miller, Senior Vice President leading the compliance and investigations group at Consilio. Our subject was the use of technology in investigations and about the growing and changing imperatives in global eDiscovery. The … Continue reading
Relativity Fest London: data privacy and DSARs – the GDPR’s slow-burning threat
When I wrote recently about the agenda for Relativity Fest London, taking place on 21 May, I neglected to mention that I am taking part in one of its panels. It is called Whose data is it anyway? Data Privacy … Continue reading
Common sense in the bin: GDPR nonsense reaches its peak at the post office
Data protection has long offered the uninformed the opportunity to excuse their unwillingness to help by reference to half-understood principles. Attempts to get simple answers from organisations, including those with whom you have a contractual relationship, are too often met … Continue reading
Posted in Data privacy, Data Protection, GDPR
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OpenText recorded webinar: Data Subject Access Requests
OpenText has published a webinar which I moderated for them recently on Data Subject Access Requests (DSARs). The speakers were Catrina Smith and David Wilkins of Norton Rose Fulbright. Catrina Smith is a partner in the employment department at Norton … Continue reading
Interview: Andrew Peck of DLA Piper on cross-border discovery and technology-assisted review
I have been interviewing former Magistrate Judge Andrew Peck for several years now, and doing panels with him for even longer. Now retired from the bench, he is senior counsel with DLA Piper. I took the opportunity to interview him … Continue reading
Posted in Data privacy, Data Protection, Discovery, eDiscovery, GDPR, Relativity, Relativity Fest, Technology Assisted Review
Tagged Andrew Peck, Judge Peck
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Privacy panels, video venues and more at my 13th Legaltech
I am back from my 13th Legaltech in New York, and facing the annual challenge of trying to summarise it. I do not deliberately wait to see the summaries of others before writing mine, but some people are so fast … Continue reading
Posted in Data privacy, Discovery, eDisclosure, eDiscovery, Electronic disclosure, GDPR
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Interview: Nina Bryant of FTI Consulting on privacy developments after the GDPR implementation date
I recently interviewed Nina Bryant of FTI Consulting to ask her what she was seeing six months after the implementation of the GDPR (the General Data Protection Regulation). It had been the cause of much nervous anticipation, and I was … Continue reading
The growing need for barristers to become data-aware
An article on the Legal Futures site is headed Barristers becoming as vulnerable to cyber attacks as solicitors. Its opening picks up a warning from the Bar Standards Board reporting that solicitors had already fallen victim to IT threats and … Continue reading
Ricoh eDiscovery webinar on 30 October: Best practices to secure your data and protect your organisation
I am one of the participants in a webinar organised jointly by Ricoh and ACEDS on 30 October called Best practices to secure your data and protect your organisation. My co-presenter is Ricoh’s VP of Information Security, David Levine, and … Continue reading
Posted in ACEDS, Cyber security, Data privacy, Data Protection, Data Security, Discovery, eDiscovery, GDPR, Ricoh
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Coming down to earth at the Masters Conference in London
As we sat on the 32nd floor of Broadgate Tower for the Masters Conference last week, a series of people came past the window. Was there a metaphor here, I wondered, for lawyers’ adoption of technology? These people were brave; … Continue reading
Getting ready for the fifth Nuix User Exchange at Huntington Beach
The fifth annual Nuix User Exchange takes place at Huntington Beach, California, from 16 to 18 September. I will be there, as usual, and will be previewing some of the sessions which catch my eye as the agenda nears completion. … Continue reading
Brexit, Y2K and the GDPR – the hit and miss of parallels between them
Expertise is out of fashion at the moment, drowned out by charlatans, shysters and the volubly ignorant. The General Data Protection Regulation (GDPR) and Brexit afford ample opportunity for all of them. It is perhaps no coincidence that nuisance telephone … Continue reading
Posted in GDPR, Information Governance
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The portability of eDiscovery skills – from lawyer to regulator via a career in technology
The career of my friend Patrick Burke illustrates the range of opportunities open to those with legal and technology skills. One of the themes which recurs as I speak and write about eDiscovery and its related disciplines is that skills … Continue reading
Posted in Blockchain, Cyber security, Data privacy, Data Protection, Data Security, Discovery, eDisclosure, eDiscovery, Electronic disclosure, GDPR
Tagged Patrick Burke
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Not just fines – GDPR data breach damages and reputational hits (not that the Home Office cares about its reputation)
Before the General Data Protection Regulation took effect, much of the commentary focused on the level of fines which might be levied for GDPR breaches. That there are other implications of GDPR breaches appears from an interesting article by Cordery … Continue reading
ACEDS Summer Symposium: the GDPR, US v Microsoft, and the CLOUD Act from an eDiscovery perspective
The collection of data held abroad has long been a difficult (and interesting) subject for the US courts, state authorities and lawyers. 2018 has brought us the General Data Protection Regulation (GDPR), the culmination of the battle between the US … Continue reading
GDPR crisis response and reputation management from FTI
Well, the General Data Protection Regulation (GDPR) is with us, and I am sure that you have all got your policies and procedures in order and your data classified, protected and secured. Perhaps not, not yet anyway, but you’ll be … Continue reading
Sedona Conference programme on cross-border data transfers and data protection – Budapest 18-19 June
The Sedona Conference Working Group 6 is concerned with international electronic information management, discovery and disclosure. Its primary concern is organisations which are subject to litigation and regulation in multiple jurisdictions with potentially conflicting international laws. WG6 is a global … Continue reading
Posted in Cross-border eDiscovery, Discovery, eDiscovery, EU, GDPR, Sedona Conference
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GDPR compliance – the “always on” approach from Nuix
The implementation date for the General Data Protection Regulation has come and gone with little obvious adverse effect except for those who gratuitously destroyed their own marketing lists after misunderstanding the new regulations about consent. Companies have discovered that the … Continue reading
Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, GDPR
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Relativity webinar today: Corporate cloud legal update
Relativity is presenting a webinar today, 30 May, in conjunction with Bloomberg. The title is Corporate cloud legal update: 2018 law, legislation, and regulation and, unsurprisingly, the principal subject is the Clarifying Lawful Uses of Overseas Data (CLOUD) Act, 2018. … Continue reading
Interview: David Horrigan of Relativity on cross-border discovery, the US CLOUD Act and the GDPR
At Relativity Fest in London, I interviewed David Horrigan, Relativity’s Discovery Counsel and Legal Education Director, on two subjects which had been well covered at the event. The first of those was the US government’s CLOUD Act which at a … Continue reading
Stats for the Consilio and Advanced Discovery merger and the launch of a Dublin office
I reported here on the merger between two already large players in the worldwide eDiscovery market, Consilio and Advanced Discovery including an interview with CEO Andy Macdonald. That merger has now completed its formal stages and there is an infographic here … Continue reading
Interview: Jonathan Armstrong of Cordery on the implications of the GDPR for eDiscovery
There are many people who know a little bit about the General Data Protection Regulation, in some cases, just enough to be dangerous. Jonathan Armstrong of Cordery in London is an acknowledged expert on the subject of the GDPR and … Continue reading
Posted in Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, GDPR
Tagged Jonathan Armstrong
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Interviewed by Doug Austin of CloudNine, I rant about GDPR marketing
Among the out-takes on the virtual floor of our virtual video editing room are several clips of me interrupting interviews when people talk about the GDPR fines of up to 4% of global turnover. They are, I have to say, … Continue reading
Posted in Data privacy, Data Protection, GDPR, OpenText
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Interview: Stephen Stewart of Nuix on the changing corporate uses of data analytics
Stephen Stewart is Chief Technology Officer at investigations and cyber security software company Nuix. I talked to him at Legaltech New York about the ever-wider uses for eDiscovery skills and tools, about the uses for artificial intelligence, and about our … Continue reading
GDPR: WP 253 guidelines on the application and setting of fines
As a moderator of GDPR panels, I sometimes ask the audience what is the first thing which comes to mind when they come across the letters “GDPR”; every time it is the bloody fines. There has been no particular focus … Continue reading
Posted in Data privacy, Data Protection, EU, GDPR
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Nuix London Insider Conference agenda now published
I wrote recently about the Nuix Insider Conference 2018, due to take place in London on 22 March. The full agenda has now been published and it is here. As always, it is a mixture of pure technology sessions and sessions designed … Continue reading
Opentext: Brexit – how do you prepare for the unknown?
The most helpful articles and blog posts by providers and suppliers are those which convey useful information or suggestions without overtly ramming product down your throat. Those who, like OpenText, are confident about their products and their place in the … Continue reading
FTI webinar today: 5 steps to prepare for the GDPR and the rights of data subjects
FTI Technology is running a webinar today, 12 December at 2pm Eastern, about the GDPR and specifically the rights of data subjects in relation to information held about them The GDPR brings many challenges for organisations. High among them, though … Continue reading
Posted in Data privacy, Data Protection, FTI Technology, GDPR
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Interview: Martin Bonney of Epiq on corporate readiness for the GDPR
Martin Bonney, International Consulting Director at Epiq in London, has long been advising organisations on the need to identify and manage their data, and on all the subjects loosely grouped under the heading “information governance”. The General Data Protection Regulation, … Continue reading
Epiq to host GDPR Roundtables at Managing Risk and Litigation Conference
The General Data Protection Regulation will take effect in just under six months. Martin Bonney and Deborah Blaxell of Epiq will be leading a roundtable called GDPR applies in the next six months: it’s time to benchmark your progress towards … Continue reading
Posted in Data privacy, Data Protection, Epiq, GDPR, The Lawyer
Tagged Deborah Blaxell, Martin Bonney
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Interview: David Horrigan of Relativity talks about Relativity Fest and RelativityOne
Relativity Fest is Relativity’s big conference, held this year in Chicago between 22 and 25 October. David Horrigan is eDiscovery counsel and Legal Content Director for Relativity, which gives him an important role in the preparation for Relativity Fest. I … Continue reading
The Nuix User Exchange 2017 is nearly upon us
My next foreign trip is to the Nuix User Exchange running from 17 to 20 September at Huntington Beach California. I very much enjoyed last year’s event and look forward to taking part in this one. 300 participants are expected … Continue reading
Off to ILTA in Las Vegas to talk about EU data and to do some interviews
ILTA is the International Legal Technology Association. ILTA works hard all year encouraging the sharing of ideas between those whose business involves (or should involve) the application of technology to a wide range of legal functions and issues. For many, … Continue reading
Posted in Consilio, Data privacy, Data Protection, Discovery, eDiscovery, GDPR
Tagged Ben Rusch
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ICO paper on Bring Your Own Device (BYOD)
The UK Information Commissioner’s Office (ICO) publishes several short papers designed to increase awareness of the technical, security and legal implications of various aspects of data holding. These documents are not, and do not purport to be, detailed explanations of … Continue reading
Sonia Cheng of FTI Consulting on the GDPR: a challenge and an opportunity
Sonia Cheng is FTI Consulting’s European Information Governance Leader. In this short video, Sonia introduces some ideas for companies to consider when first tackling compliance with the General Data Protection Regulation. Quite a lot of GDPR summaries focus solely on … Continue reading
AccessData webinar series: navigating information risk, investigations and privacy
AccessData is running a series of webinars under the umbrella title Information Overload: Navigating information risk, investigations and privacy in today’s regulatory environment. The overall theme is one of preparation – devising policies and techniques for investigating data and facing … Continue reading
Posted in AccessData, Discovery, GDPR, Information Governance, Information Governance Initiative
Tagged Bennett Borden
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The Nuix Black Report on cybercrime: knowing your enemy
The Nuix Black Report on cybercrime was published in February. Leaving it to simmer a while has shown its value, as cyber incidents like WannaCry show the value of the understanding and planning which the report urges. There is a … Continue reading
The Sedona Conference: discussing cross-border eDiscovery and data protection in London and Ireland
On 3 May, I took part in a panel organised by the Sedona Conference Working Group 6 on cross-border discovery and data protection laws. The event, sponsored by Swiss Re and Consilio, was moderated by Monika Kuschewsky of Squire Patton … Continue reading
Reminder: Sedona WG6 London event on 3 May on cross-border data transfers
This is a reminder that there is an interesting and important panel discussion next week in London when a panel organised by Sedona Conference Working Group 6 discusses the challenges of cross-border data transfers. I wrote about it here. The … Continue reading
FTI webinar on 18 May: using information governance strategies to prepare for the GDPR
Although many companies are effectively preparing for the new regulatory environment of the General Data Protection Regulation, many are not. There are anecdotal suggestions that some companies have abandoned existing compliance efforts under the misapprehension that Brexit will make the … Continue reading
Sedona Conference WG6 event in London on 3 May: the challenges of cross-border data transfers
The Sedona Conference Working Group 6 covers international electronic information management, discovery and disclosure, including data protection issues. WG6 has three membership-building events coming up, one in Chicago on 24 April, one in London on 3 May and one in … Continue reading
Video of our ACEDS panel on the GDPR – a hypothetical case study
In early March, I took part in a panel about the GDPR organised by the ACEDS London chapter. I moderated, and the participants were Daniel Cooper of Covington, Susan Knox of Mayer Brown and Will Wilkinson of Yerra Solutions. Mayer … Continue reading
Jake Frazier of FTI on the importance of information governance
Jake Frazier is one of the most eloquent advocates of the idea that organisations need to have in place a robust information governance programme which brings together the various departments, including IT and legal, who have an interest in managing … Continue reading
Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, FTI Technology, GDPR, Information Governance
Tagged Jake Frazier
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OpenText on using discovery analytics to solve GDPR challenges
In talking about the pending General Data Protection Regulation, I always take the opportunity to suggest that GDPR requirements might be the spur to the amorphous concept of information governance, providing the return on investment which companies have hitherto sought … Continue reading
Posted in Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, GDPR, Information Governance, OpenText
Tagged Adam Kuhn
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ACEDS London panel – get a DPO and do some IG before the ICO enforces the GDPR against YOU
Last year I moderated the panel which launched the ACEDS UK Chapter. Our subject was predictive coding, and the combination of the subject-matter and the organising skill of the ACEDS UK committee got us a large audience by London standards. … Continue reading
Data protection, TAR and data security dominate my corner of Legaltech
I have already written short holding post about Legaltech (Not yet my Legaltech report) which includes links to posts by others. This article focuses on my own small corner of this vast event. Oh, and yes, I know it was … Continue reading
Posted in Alvarez & Marsal, Brainspace, Brexit, Conduent, Consilio, Cross-border eDiscovery, Cyber security, Data privacy, Data Protection, Data Security, Discovery, eDisclosure, eDiscovery, Everlaw, GDPR, Information Governance, KCura, LegalTech, Neota Logic, NightOwl Discovery, Nuix, OpenText, Predictive Coding, Recommind, Technology Assisted Review
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From pillar to post – the eDiscovery conferences at the end of 2016
If I did not write up each of the conferences and events of the closing months of 2016 as they happened, that is only partly because the end of each one seemed merely to herald the preparations for the next. Aggregating … Continue reading
Posted in ACEDS, Brexit, Cross-border eDiscovery, Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Epiq, GDPR, KCura, Predictive Coding, QuisLex, Relativity, Relativity Fest, Technology Assisted Review
Tagged Adi Elliott, Dan Wyatt, David Horrigan, Ed Spencer, Judge Laporte, Judge Peck, Karyn Harty, Steven Whitaker, Vince Neicho
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Patrick Burke of Seyfarth Shaw on corporate readiness for the GDPR and Privacy Shield
Patrick Burke and I have been speaking together about privacy and data protection since back in the days when US corporations and lawyers saw these subjects merely as irritations. Patrick is now eDiscovery Counsel at Seyfarth Shaw and things have … Continue reading
UK government confirms it will implement the GDPR
The EU’s General Data Protection Regulation will take effect in May 2018. Some people seem to assume that the UK’s pending departure from the EU, known as Brexit, will mean that the UK need not comply with the terms of … Continue reading
Posted in Data privacy, Data Protection, GDPR
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Reviewing the year so far: June – into Europe with Sedona and AccessData
This is my third consecutive post about the eDiscovery events which I have attended so far in 2016 (you can find the earlier ones here and here). The point, to reiterate, is not to suggest that my travels are of … Continue reading
Posted in AccessData, Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, EU, EU Safe Harbor, GDPR, Sedona Conference
Tagged Judge Peck
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Nuix webinar on 31 May: EU General Data Protection Regulation – Need to Knows
On 31 May, Nuix is presenting a webinar called EU General Data Protection Regulation – Need to Knows. The subject, and the panel, is a re-run of a session at the very successful Nuix Insider Conference in London on 23 … Continue reading
Posted in Cyber security, Data privacy, Data Protection, Data Security, Discovery, eDiscovery, GDPR
Tagged Julie Colgan, Paul Slater
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eDisclosure Information Project 