Category Archives: Lit Sup Technical

OrcaTec’s Herb Roitblat gets the measure of the Da Silva Moore Plaintiffs

If you are not yet familiar with the plaintiffs’ arguments about predictive coding (I use the word “about” in its broadest sense, since much of the argument appears to be about some completely different agenda) in Da Silva Moore v. … Continue reading

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

Recent eDiscovery Posts on Google Plus

Arguments continue as to the value of Google Plus as a FaceBook rival. I don’t much care about that, only about its ability to attract wider audiences. It is working for me (well, something is) and I continue to put … Continue reading

Posted in Catalyst, Discovery, eDisclosure, eDiscovery, Electronic disclosure, FTI Technology, Guidance Software, KCura, Predictive Coding, Recommind, SEO | Leave a comment

Fulbright focuses on transparency in predictive coding review

A version of the law of diminishing returns is relevant to one function of predictive coding – its use for prioritisation makes it possible to calculate how much value you are finding relative to the number of documents you are … Continue reading

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

Epiq Insights – an eDisclosure newsletter from Epiq Systems in the UK

Relatively few of the eDisclosure / eDiscovery newsletters focus on the UK, so it is good to welcome Epiq Insights from Epiq Systems which is now available as a web page as well as by subscribing to an e-mail. The current edition … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, Equivio, Predictive Coding | Leave a comment

Before they were famous video – Maas, Whitaker, Peck and Waxse on Predictive Coding

A LegalTech panel organised by Xerox XLS gave us the opportunity to hear four well-known judges discuss the use of technology for eDiscovery. Only one of us knew that the subject would become headline news within days, as Judge Peck … Continue reading

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

US cases which may shape the future of predictive coding

Matthew Nelson of Symantec has an interesting article on Forbes.com this week. Called Federal Judges Consider Important Issues That Could Shape the Future of Predictive Coding Technology, it considers the possible impact of two cases presently before the US courts. … Continue reading

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

Taking stock of the eDiscovery world

This is a good moment to pause a little and look around the eDiscovery / eDisclosure world.  The wide range of topics which make this such an interesting field are all getting an airing at once. The stream of useful … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Guidance Software, Huron Legal, LegalTech, Nuix, Predictive Coding, Singapore, Technology Assisted Review | Leave a comment

Recommind keeps the good news coming

It is barely a fortnight since I reported on Recommind‘s coup in appointing Nick Patience as Director of Product Marketing and Strategy. Since then, Recommind’s name has turned up more often than I can keep pace with.  I put it … Continue reading

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

Recommind names Nick Patience as Director of Product Marketing and Strategy

I have just written an article which, amongst other things, referred to the difficulty which eDiscovery / eDisclosure providers face in recruiting appropriately skilled and experienced talent for what is, for many of them, a market which grows almost weekly. … Continue reading

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You can find eDiscovery parallels everywhere if you look hard enough

What is the proper etiquette when someone else devotes half a blog post to writing about you? if they are simply polite, then a brief acknowledgment is all that is is required. It is easy if they are rude or … Continue reading

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

Two predictive coding case studies emphasise time and cost savings

I referred a while back to two case studies about the use of the technology known variously as “predictive coding”, “computer-assisted coding” or, more recently, “technology assisted review” or TAR. One of them involved Epiq Systems and the other Millnet. … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, Equivio, Millnet, Predictive Coding | Leave a comment

CY4OR signs partnership agreement with Guidance Software for EnCase Enterprise

UK-based forensics company CY4OR has reached an agreement with Guidance Software under which CY4OR will offer and support Guidance Software’s EnCase Enterprise Platform. This is a logical development for CY4OR, building on their nine-year history of forensic investigations and collections … Continue reading

Posted in CY4OR, eDisclosure, eDiscovery, Electronic disclosure, Forensic data collections, Guidance Software | Leave a comment

Epiq Systems White Paper: From Start to Finish – what actually happens to my clients’ data?

Anyone describing their services to a prospective client has a limited bandwidth (measured in time, concentration and the amount of detail which can be imparted and absorbed) available to them and, in focusing on the primary features and benefits, often … Continue reading

Posted in Discovery, DocuMatrix, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, Forensic data collections | Leave a comment

The KPMG Preservation Order: it couldn’t happen here….I hope

In writing about the US case Pippins v KPMG (see KPMG Judge Kicks the Sisyphean Stone of Proportionality Back Down the Hill) I made a point of emphasising that “one must… be careful up to a point in commenting adversely … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Forensic data collections, Recommind, Symantec | Leave a comment

eDiscovery Predictions for 2012 from Symantec and Clearwell

This is the time of year for predictions about the next twelve months. I tend to make mine aspirational, that is, I hope to encourage movement in the general direction of my predictions without necessarily being optimistic that they will … Continue reading

Posted in Clearwell, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Symantec, Technology Assisted Review | Leave a comment

Equivio adds Applied Discovery, LDM Global and others to a growing list

It can be quite difficult keeping up with those who sponsor the eDisclosure Information Project, quite apart from the wider eDiscovery/eDisclosure market. Some of them seem to assume that I pick up news by some magical process; others broadcast little … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Equivio, LDM Global, Predictive Coding | Leave a comment

Guidance Software adds Data Reuse Feature to EnCase eDiscovery

There are two reasons for referring you to the latest additions to Guidance Software’s EnCase eDiscovery. The first is the addition of functionality to identify and reuse data which has already been collected, allowing searches of data collected for previous … Continue reading

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

CY4OR and Manchester’s Deans Court Chambers Forensics Seminar

In the nick of time, I note that forensics and eDisclosure experts CY4OR are joining forces with Manchester’s Deans Court Chambers for an evening of presentations and discussions about digital evidence, starting at 5:30pm on 29 September – that is, … Continue reading

Posted in CY4OR, eDisclosure, eDiscovery, Electronic disclosure, Forensic data collections | Leave a comment

More on Software-Assisted Review as Applied Discovery and KMPG add Equivio>Relevance

Electronic discovery company Applied Discovery and KPMG are amongst those who have recently partnered with Equivio to integrate Equivio>Relevance into their existing eDiscovery applications. These two recent announcements give me an opportunity to return to the subject of software-assisted document review … Continue reading

Posted in Attenex, Clearwell, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, Equivio, FTI Technology, KCura, KPMG, Predictive Coding, Recommind | Leave a comment

The Emerging Technologies Panel at ILTA 2011: remote collections and predictive coding

It would be fair to say that, more than two weeks on, my notes of  the Emerging Technologies panel at ILTA are less decipherable than I might have hoped. That is in fact a tribute to Daniel Lim of Guidance … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Forensic data collections, Guidance Software, ILTA, Predictive Coding, Recommind | Leave a comment

ILTA 2011 – the end of the beginning? We’re just getting going

I am back from the annual conference of ILTA, the International Litigation Technology Association, in Nashville, Tennessee.  The original draft of this post said that I was “just back” but (as more than one correspondent has reminded me) time has … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Equivio, ILTA, KCura, Legal Hold, Predictive Coding, Recommind, Thomson Reuters | Leave a comment

You collect the loot and a forensic expert will collect the evidence

One would hope that every lawyer engaged in litigation is aware that specialist experts exist who can collect data from computers in a manner which will stand scrutiny in a court. Actually, I have no such hope, since I come … Continue reading

Posted in Discovery, Forensic data collections | Leave a comment

A Flock of Articles on Computer-Assisted Document Review

What tells the swallows to gather on the telegraph wires before starting their migration southwards? One has to ignore, I think, the possibility that the telegraph wires are part of their communications network. Perhaps the birds all use an avian version of … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Equivio, Predictive Coding, Recommind, ZyLAB | Leave a comment

The Value of eDiscovery Self-Collection Tools

I mentioned in a recent post that membership of Guidance Software’s Strategic Advisory Board brought the pleasure of seeing developments work through from concept to production to adoption. One of the most exciting of these was Guidance’s EnCase Portable. The … Continue reading

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

Drawing conclusions from Guidance Software’s Q2 2011 financial results

I do not claim any expertise in deciphering trends from the quarterly figures published by the leading players in the eDiscovery industry. I know what I am good at, and the analysis of corporate accounts is not on the list. … Continue reading

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

Judge Peck and Predictive Coding at the Carmel eDiscovery Retreat

US Magistrate Judge Andrew Peck’s keynote speech at the Carmel Valley eDiscovery Retreat was one of the clearest statements yet by a judge that the use of new technology like predictive coding is an acceptable way to conduct search in … Continue reading

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

CY4OR web site brings forensics to lay lawyers

A nice reference has turned up on CY4OR’s website to supplement the words like “professionalism”, “expertise” and “excellent” which recur amongst their testimonials. The one I like reads as follows: Professional and prompt service and able to “dumb down” the … Continue reading

Posted in Clearwell, CY4OR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Forensic data collections, Symantec | Leave a comment

A lull in the Predictive Coding battle

The role of a journalist in war, it is said, is to come down from the hills after the battle and bayonet the wounded. I will content myself with a tour of the battlefield. If this means nothing to you, … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Equivio, Litigation Support, Predictive Coding, Recommind | Leave a comment

Time to take the next steps: a Hong Kong eDiscovery conference

Leaving aside Australian conferences, this was my fourth AsiaPac event. Two years ago, I co-chaired a conference for LexisNexis in Singapore. Shortly after that, Jeffrey Teh and others from LexisNexis set up InnoXcell to bring business events to the region. … Continue reading

Posted in Catalyst, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, Forensic data collections, FTI Technology, Litigation, Nuix, Recommind | Leave a comment

Craig Ball Entertains at CEIC 2011 on Computer Forensics for Lawyers

I choose my words carefully when I write, and nowhere more than in the headings to articles. It took me 10 seconds to decide that the word “entertains” would form part of the heading to this post. “Entertains”, “Forensics” and … Continue reading

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

Metropolitan Corporate Counsel interviews Equivio on Processing and Proskauer on Compliance

The only direct connection between the two articles referred to in my title are that they both appeared on the Metropolitan Corporate Counsel website yesterday. An interview with Warwick Sharp of Equivio is headed The processing mountain was blocking the … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Equivio, Predictive Coding, Twitter | Leave a comment

Clear and convincing evidence needed to show contempt in intimate pictures case

I am writing my annual play for US and UK judges to perform at IQPC in London. The purpose each year is to sweeten the pill of e-disclosure didacticism with some light humour. If I always cast the US judges … Continue reading

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

Filling the day and nearly getting filled with lead

One of the influential figures in US ediscovery gets very cross at references to the “ediscovery market”, as if the commercial connotations somehow sully the purity of the context of rules and judges and justice which the ediscovery / e-disclosure … Continue reading

Posted in Discovery, DocuMatrix, e.law International, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, First Advantage, Forensic data collections, FTI Technology, IQPC, IQPC Exchange, Nuix | Leave a comment

A Craig Ball anti-forensics article reminds UK readers of Rybak v Langbar

Thousands of words are written each week about e-disclosure / ediscovery. That old joke about today’s article is being tomorrow’s cat litter is hard to apply literally to electronic publication, but it is right to say that few of the … Continue reading

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Lawyers replaced by computers for ediscovery search – a retrospective

The dust is settling on the debate aroused by the John Markoff article in the New York Times of 4 March headed Armies of Expensive Lawyers, Replaced by Cheaper Software. We can’t have that, so I thought I would keep … Continue reading

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

E-disclosure Great Debate at The Lawyer

The Lawyer today carries a report by editor Catrin Griffiths of an edisclosure  panel last week hosted by The Lawyer as part of a series of such debates. The panel included Senior Master Whitaker, Phil Beckett of Navigant, and senior … Continue reading

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

King Ludd and the Lawyers – e-Discovery and the Luddite Fallacy

Since I am about to refer you to three weighty articles by others, I will keep my own comment to a minimum. The context is the ability of modern litigation software to analyse documents more quickly and more cheaply than … Continue reading

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

The relevance of a computer called ‘Watson’ and a television game show to electronic disclosure

A computer with a homely name like ‘Watson’ and a US quiz show may sound like trivialisation of the serious subject of electronic discovery / eDisclosure. Equally, a reference to ‘Probabilistic Latent Semantic Indexing” sounds way over the top for … Continue reading

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

Guidance Software adds forensics and ediscovery for iPad and iPhone

Guidance Software, best known in the e-disclosure / e-discovery world for enterprise network collections with EnCase eDiscovery, has announced a new forensic tool for the Apple iPad, iPhone 4 and iPod Touch. Encase Neutrino also handles Android 2.1 and 2.2. … Continue reading

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

New web sites and a case study make good marketing

Although the nuts and bolts of what I do involves e-discovery / e-disclosure rules and the crossover between rules and practice on the one hand and technology on the other, my real interest lies in marketing, with a self imposed … Continue reading

Posted in CY4OR, eDisclosure, eDiscovery, Electronic disclosure, Forensic data collections, LegalTech, Litigation Support, SEO | Leave a comment

Richard Susskind’s law firm technology predictions for 2011

A short interview with Professor Richard Susskind on the Legal IT web site gives a packed 12 minutes or so which is well worth listening to at the beginning of the year. E-Disclosure is covered along with iPads, social media, … Continue reading

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

Judges and automated coding tools for electronic discovery

I took part this week in a podcast called Will Judges Think It Is Okay To Use Clustering and Suggestive Coding Tools? which was led by Karl Schieneman of ESI Bytes. I was the token Englishman alongside US top-drawer participants … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Judges, Predictive Coding, Project Counsel | Leave a comment

Predictive coding and defensibility

An article called The Red Herring of Defensibility and Predictive Coding by Craig Carpenter of Recommind on the Inforiskawareness site draws attention again to the technology generally known as “Predictive Coding”. Craig can fight his own corner as to the … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, Equivio, Kroll, Litigation Support, Nuix, Predictive Coding, Recommind | Leave a comment

Rybak v Langbar sends warning to those who destroy evidence

Extreme cases do not necessarily add materially to our understanding or give us as much guidance for the future as one might think. Rybak & Ors v Langbar International Ltd [2010] EWHC 2015 (Ch) (09 July 2010)  is what would … Continue reading

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Comment on Singapore Deutsche AG judgment

Vince Neicho of Allen & Overy saw my post about the Singapore judgment of Senior Assistant Registrar Yeong Zee Kin in Deutsche Bank AG v Chang Tse Wen and others (see Singapore e-Discovery judgment shows international commonality and active management) … Continue reading

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

CEIC 2010 comes to an end

CEIC 2010 is winding down here in Las Vegas. Whatever measure you take – the quality of the sessions, the opportunity to catch up with people and meet new ones, the sheer numbers of people attending (1,300 or so), the … Continue reading

Posted in Canadian Courts, Case Management, CEIC, Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, EU, Forensic data collections, Guidance Software, Litigation Support | Leave a comment

Missing my Dragon

Jonathan Maas of Ernst & Young says that I missed  a trick in my account of the laptop which died en route to Las Vegas and which I had to replace and set up in order to do a webinar … Continue reading

Posted in CEIC, Discovery, Document Retention, eDiscovery, Electronic disclosure, Ernst & Young, Forensic data collections, Guidance Software, Litigation Support | Leave a comment

Keeping at work in the Cloud from Las Vegas

I have been here in Las Vegas a little over 24 hours. So far I have been asked by a cop if I have been arrested before, and been blatantly short-changed in Starbucks; I have been to one tourist attraction … Continue reading

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

Video illustration of forensic collections tool

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

A flying visit to Edinburgh

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

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

EnCase Portable brings data collection to your desktop

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

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

A proper welcome to Applied Discovery as a new sponsor

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

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

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

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

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

There is more to FTI Technology than Attenex and Ringtail

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

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

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

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

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

7Safe launches UK Security Breach Investigations Report 2010

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

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

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

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

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

Anacomp divests to focus on CaseLogistix, eDiscovery and litigation

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

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

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

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

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

Strategic alliance allows 7Safe to host Anacomp’s CaseLogistix

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

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

LexisNexis eDiscovery conference in Singapore

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

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

Discovery explorers need a map

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

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

Flying the wrong messages across cultural boundaries

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

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

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

Posted in Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Forensic data collections, 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

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

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

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

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

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

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

Ian Manning now at Raposa Consulting

As regular readers will know, Ian Manning was the initial sponsor of the e-Disclosure Information Project, providing continued support despite his never-ending overseas travel commitments for FoxData Ltd.   Ian’s extensive experience in forensic collections for commercial litigation and regulatory enquiries … Continue reading

Posted in Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Forensic data collections, Litigation Support, Regulatory investigation | Leave a comment

More than just ediscovery panels at CEIC 2009

I have already written (Describing the e-discovery elephant) about the two e-discovery panels which I took part in at CEIC 2009. The panels were only one of the reasons why I came here. There was another formal reason and countless … Continue reading

Posted in CEIC, Discovery, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Forensic data collections, Guidance Software, Litigation Support | 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

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

Distinguishing workplace spying from data collection

It is usually possible to reconcile employees’ legitimate privacy concerns and a company’s equally legitimate rights and obligations to collect data if you go about it properly. A story in Der Spiegel shows what happens when you get it wrong. … Continue reading

Posted in Data privacy, Data Protection, E-Discovery Suppliers, eDiscovery, Forensic data collections, Guidance Software, 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

The growing importance of metadata preservation in eDiscovery

If UK lawyers do not share the US enthusiasm about the preservation, collection and use of metadata, that is in part because they are not clear what it is and how it might be used. A forthcoming webinar will be … Continue reading

Posted in Case Management, CaseLogistix, Commercial Court, Court Rules, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Forensic data collections, FRCP, Guidance Software, Litigation costs, Litigation Support | Leave a comment

E-Disclosure Taster Menu in Bristol

I went down to Bristol last week with a group of electronic disclosure suppliers at the invitation of the Western Chancery & Commercial Bar Association. The aim, as in Birmingham last year, was not just to talk about electronic disclosure, … Continue reading

Posted in CaseMap, Court Rules, Courts, CPR, E-Discovery Suppliers, Early Case Assessment, eDisclosure, EDRM, Electronic disclosure, Equivio, Forensic data collections, FoxData, Judges, LexisNexis, Litigation, Litigation costs, Litigation Readiness, Litigation Support, Mercantile Courts, Part 31 CPR, Trilantic | Leave a comment

Collections trainees seek Guidance on civil e-discovery

One of the benefits of being linked to the companies who sponsor the e-Disclosure Information Project is the opportunity to talk to those who work for them. These are the people who are out meeting with and working with the … Continue reading

Posted in Court Rules, Courts, CPR, Discovery, Document Retention, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Forensic data collections, FRCP, Guidance Software, Litigation, Regulatory investigation | Leave a comment

E-Disclosure Information Project first birthday

November marks the first anniversary of what became the E-Disclosure Information Project. It did not have that name when I ran a half-day training session for judges in Birmingham last November but it was effectively launched with that event. This … Continue reading

Posted in CaseLogistix, CaseMap, Civil justice, Court Rules, Courts, CPR, Discovery, DocuMatrix, Document Retention, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Epiq Systems, Ernst & Young, Forensic data collections, FoxData, Guidance Software, ILTA, Legal Technology, LegalTech, LexisNexis, Litigation, Litigation costs, Masters Conference, Part 31 CPR, SEO, Trilantic, Web Sites and Blogs | Leave a comment

Guidance Software launches Real eDiscovery

Guidance Software has produced the first edition of a new quarterly magazine called Real eDiscovery. The costs and risks of compliance with the demands of litigation discovery and regulatory investigations were going up the corporate agenda even before the recession … Continue reading

Posted in Discovery, Document Retention, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Forensic data collections, Guidance Software, Litigation, Part 31 CPR | Leave a comment

Practical Guidelines for e-Disclosure Management

Litigation solicitors in private practice and in-house lawyers would have done well to be at the Ark Group conference last week. Run over two days within spitting distance of the Tower, it had the title Adopting Practical Guidelines to e-Disclosure … Continue reading

Posted in Case Management, CaseLogistix, CaseMap, Court Rules, Courts, CPR, Data Protection, Discovery, DocuMatrix, Document Retention, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Forensic data collections, FoxData, Guidance Software, LexisNexis, Litigation Readiness, Litigation Support, Part 31 CPR | Leave a comment

Pay-per-use EnCase for in-house e-disclosure

A new pricing model announced by Guidance Software allows companies to use its EnCase® eDiscovery on a pay-per-use basis. Hitherto, EnCase® eDiscovery has been available to end-users only by outright purchase. The new structure gives them the option of paying … Continue reading

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

Similarities greater than the differences in Pasadena

Friday 22 August I am sitting by a hotel pool in Pasadena as I type this. The sun reflects off white buildings and blue water. Bronzed beauties recline a few feet away, and it hard to recall that I tried … Continue reading

Posted in Court Rules, Discovery, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Forensic data collections, Guidance Software, ILTA | Leave a comment

Meeting FoxData properly at last

Nearly a year after FoxData agreed to be the first sponsor of the e-Disclosure Information Project, I have at last been to see the company’s premises and met Ian Manning properly The order in which logos appear beside these pages … Continue reading

Posted in Case Management, Court Rules, Courts, CPR, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Forensic data collections, FoxData, KPMG, Legal Technology, Litigation Support, Part 31 CPR | Leave a comment

Thinking straight(away) on e-disclosure collections

Conventional wisdom has it that a forensic collection of electronic data is necessary only where fraud is suspected or imminent destruction is feared. Equally unthinking, to my eye, is the opposite assumption, that a full disk image must be taken … Continue reading

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

EnCase On Demand training courses

Guidance Software, who are amongst the sponsors of the e-Disclosure Information Project, has launched an on-line training program called EnCase On Demand which gives online access to its courses in enterprise investigations (internal investigations, eDiscovery) and forensic investigations (law enforcement, … Continue reading

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

Revealing redactions in Acrobat PDFs

I suggest here from time to time that it is often human error rather than technical failures which cause data to be revealed inadvertantly. For every security loophole which is actually attributable to a system failure, you can find more … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Legal Technology, Lit Sup Technical, Litigation Support, PDF | Leave a comment

Throw it over the wall Discovery

Both the legal and IT worlds have technical expressions and terms of art which tend to exclude outsiders. Litigation support and e-Disclosure have feet in both these camps and a reasonable share of terms which do not mean much to … Continue reading

Posted in eDisclosure, eDiscovery, EDRM, Lit Sup Technical, Litigation Readiness, Litigation Support | Leave a comment

Small PDFs and best OCR for eDiscovery

Use Abbyy FineReader to OCR .tiff images and save to .pdf and then use Adobe Acrobat 8 Professional to save in JBIG2 format. It sounds a long route but the results are smaller and better than anything else I have … Continue reading

Posted in Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Lit Sup Technical, Litigation Support, OCR, PDF | Leave a comment