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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: Technology Assisted Review
Interview: Megan Rowland of Legility on the attributes of project managers, clients and eDiscovery industry recruits
At Relativity Fest in Chicago, I interviewed Megan Rowland of Inventus. Since the interview, Legility and Inventus have come together under the name Legility. Megan Rowland is Team Lead, Project Management at Legility. I asked her what makes a good … Continue reading
OpenText on-demand webinar: Is TAR 1.0 Dead?
Technology-assisted review is by now established as an appropriate way to meet discovery requirements for litigation and regulatory purposes in most jurisdictions. As with predecessor technologies, TAR has incited debate, filled conference schedules, and appeared in court judgments and opinions. … Continue reading
Interview: Matt Lan of icourts on the advance of analytics and technology-assisted review in Australia
icourts is an Australian company offering forensic investigations, data processing, eDiscovery, and related services. It has long been a Relativity partner. At Relativity Fest, I interviewed Matt Lan of icourts and asked him first about the uptake of analytics in … Continue reading
Interview: Grant Whiteley of KordaMentha on the take-up of technology-assisted review in Australia
At Relativity Fest in Chicago, I interviewed Grant Whiteley of Australian advisory and forensics provider KordaMentha. Shortly after that interview, Relativity and KordaMentha announced that KordaMentha had become Australia’s first RelativityOne certified partner. My interview was not about that yet-to-be-announced … 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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Interview: Xavier Diokno of Consilio talks about helping clients with the use of analytics in eDiscovery
It is still true to say that many lawyers do not understand the value of analytics nor the value which an external consultant can bring to their use. Xavier Diokno is Senior Director, Data Analytics at Consilio. In this interview, … Continue reading
Ricoh eDiscovery webinar on 18 October: Activating Active Learning
At Relativity Fest in Chicago, Ricoh eDiscovery ran a session called Activating Active Learning in which they showed how the incorporation of technology like Active Learning can help lawyers perform more timely, cost-effective and streamlined document reviews. The session was … Continue reading
Links to articles on technology-assisted review and on court acceptance of technology
Conference season is here, and by mid-October I will have spent 15 out 30 days at, or travelling to and from, foreign conferences. That inevitably reduces the number of articles I can write. It may be helpful, however, if I … Continue reading
How to use Continuous Active Learning for disclosure – a UK user view
Ed Spencer is a Senior Associate at Taylor Wessing. It was his affidavit which provided much of the technical information used by Master Matthews in giving his blessing to the solution agreed between the parties in Pyrrho. Ed Spencer and … Continue reading
Posted in Analytics, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Predictive Coding, Technology Assisted Review
Tagged Ed Spencer
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Topics of interest at UK and EU eDiscovery / eDisclosure events so far in 2018
As the world pushes off for the summer, it is perhaps worth summarising the subjects which have proved of interest to those attending eDiscovery events so far this year. The attention in this article is on those I have attended, … Continue reading
Approval of technology-assisted review in courts around the world
At Ricoh’s Technology in Practice in Toronto last November, I moderated a panel called TAR Trends around the World. The panellists were US Magistrate Judge Andrew Peck (now retired from the bench and a Senior Counsel at DLA Piper), Maura … Continue reading
Craig Earnshaw of FTI on the role of a technology consulting practice
Part of what I try to do is to encourage new entrants into a business which continues to expand both in importance and in global revenue, offering opportunities to people with a range of qualifications, skills and attitudes. I was … Continue reading
Interview: David Greetham of Ricoh – a London data centre and an active learning case study
David Greetham is Vice President of eDiscovery Sales and Operations at Ricoh Legal in the US. I caught up with him at Relativity Fest in London and asked him about Ricoh’s plans for discovery and related subjects beyond North America. … Continue reading
Two Canada-based events on 13 and 14 June: Using Active Learning for accelerated review
Relativity, Ricoh eDiscovery and Commonwealth Legal are between them presenting two events this week with the title Using Active Learning for accelerated document review. The first is a discussion / presentation on 13 June at 4.00pm in Toronto. The subjects … Continue reading
Interview: Karyn Harty of McCann FitzGerald on the need for eDiscovery training for judges and litigators
I take every opportunity to interview Karyn Harty of McCann FitzGerald. Over the years we have discussed her involvement in the leading TAR case Irish Bank Resolution v Quinn, the use of eDiscovery tools and skills for non-disputes purposes, the … Continue reading
Revisiting our panel in Canada as a model for straightforward explanation of technology-assisted review
If I come back now to a panel I moderated on technology-assisted review last November, it is partly because I think we are about to see a new focus on the use of TAR to achieve proportionate eDiscovery beyond the … Continue reading
Interview: Brandon Mack of Epiq on advanced eDiscovery technology
Brandon Mack is Director, Analytics and Advanced Technologies at Epiq. I have interviewed him before, and jumped at the chance to do so again at this year’s Legaltech because of his succinct and positive descriptions of the way technology can … Continue reading
Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Epiq, Legal Technology, Technology Assisted Review
Tagged Brandon Mack
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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
A roundup of reactions to the proposed new disclosure rule
I wrote here about a helpful presentation, under the auspices of ACEDS and moderated by Vince Neicho of Integreon, about the proposed new disclosure rule. Since then, the date has passed for representations to the working party and it is … Continue reading
BLP claims a win for predictive coding after the BCA Trading trial
I use the term “predictive coding” in this article because that is the term used a) in the relevant judgment, b) by BLP whose successful use of the technology is the subject of the article, and c) by FTI Consulting, … Continue reading
Interview: Karyn Harty of McCann FitzGerald on technology, culture and rules in Irish discovery
When I first saw the length of my interview with Karyn Harty of McCann FitzGerald, filmed at Relativity Fest in Chicago, I wondered if I ought to pare it down a little. Having listened to it, I find the whole … Continue reading
Honouring Judge Peck and Judge Francis as they retire from the bench
On 27 February, Benjamin N Cardozo School of Law is the host for an evening in honour of retired US Magistrate Judge James Francis and about-to-retire US Magistrate Judge Andrew Peck. You will deduce from its title From Da Silva … Continue reading
Interview: Kelly Atherton of NightOwl Discovery talks about the increasing use of analytics in eDiscovery
Kelly Atherton is Senior Analytics and Review Manager at NightOwl Discovery. I have interviewed her before and was glad to have the chance to do so again at Relativity Fest in Chicago. As subject, as before, was the growing use … Continue reading
OpenText article on challenges to TAR process in SDNY
Adam Kuhn of OpenText reports in an article headed SDNY Rejects Challenges to TAR Process Despite Missteps, Upholds Reasonableness Standard on a case in the Southern District of New York whose focus is on the transparency required from a party using … Continue reading
Putting the spotlight back on disclosure in England and Wales
A couple of articles, both published today, deserve attention from those interested in disclosure in England and Wales and, specifically, in the courts’ approach to it. One, by Kerry Underwood, is headed Disclosure cut by 90% by Commercial Court. The … Continue reading
Recommind | OpenText webinar on 28 September: 3 Key dashboards for eDiscovery success
OpenText Discovery, the new guise of Recommind and its flagship eDiscovery product Axcelerate, are presenting a webinar on 28 September called 3 key dashboards for eDiscovery success. The webinar’s aim is to go beyond the mechanics of eDiscovery and to … Continue reading
Posted in Discovery, eDisclosure, eDiscovery, OpenText, Predictive Coding, Recommind, Technology Assisted Review
Tagged Adam Kuhn, Hal Marcus
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Webinar on 8 August from EDRM and NightOwl Discovery: practical tips for a successful first TAR project
EDRM / Duke Law is running a series of webinars designed to help lawyers and judges on various aspects of technology-assisted review. It is part of preparation for the Duke Conference on TAR to be held in Arlington on 7 … Continue reading
Interview: Melinda Kunjasich of Epiq on the use of predictive coding
I recently interviewed Melinda Kunjasich, Senior Director, Document Review Services at Epiq in London. I was interested to find out about the support which Epiq gives to clients using predictive coding and about how this fits into their analytics strategy … Continue reading
David Horrigan of kCura interviews Judge Peck on points of International eDiscovery
Among the people on my list for video interviews at Relativity Fest London (I wrote about that here) were US Magistrate Judge Andrew Peck and David Horrigan of kCura. It occurred to me that I could save some time by … Continue reading
Reminder: TAR discussion with Maura Grossman in London on 13 June
This is a reminder that there is a discussion called Technology-Assisted Review: fact or fiction? to be held at the offices of Morgan Lewis in London on 13 June. The speakers are Maura Grossman, Gordon Cormack and Tess Blair of … Continue reading
OpenText Discovery webinar on 1 June: Predictive coding is for every matter
The title of OpenText’s webinar, Predictive coding is for every matter, is almost enough on its own to tell you what it is about. Its main theme is that machine learning is not just for discovery but as an extension … Continue reading
Steven Whitaker, former QBD Senior Master, talks about technology-assisted review and the CPR
When Steven Whitaker was Senior Master in the Queen’s Bench Division, he was responsible for Practice Direction 31B and the Electronic Documents Questionnaire, and for the decision in Goodale v Ministry of Justice which was the first (and until very … Continue reading
Reminder: DESI VII in London on 12 June
DESI stands for Discovery of Electronically Stored Information. I have already written about DESI VII at Kings College London on 13 June. There is a draft programme here from which you will see that it is chaired by Jason Baron … Continue reading
Relativity Fest London – a rounded eDisclosure conference not just a trade show
As I noted when I wrote about it in advance, kCura’s Relativity Fest London has been moving over the years to become a full-blown eDiscovery / eDisclosure event and not just a platform for launching kCura initiatives and for networking. There … Continue reading
Posted in Analytics, Brexit, CPR, Cross-border eDiscovery, Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, FRCP, KCura, Relativity, Relativity Fest, Technology Assisted Review
Tagged Andrew Sieja, David Horrigan, Jonathan Maas, Judge Peck, Meribeth Banaschik, Nick Robertson, Steven Whitaker
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Morgan Lewis discussion in London on 13 June – Technology-Assisted Review: Fact or Fiction?
Morgan Lewis is organising a panel discussion at its London office on 13 June with the title Technology-Assisted Review: Fact or Fiction? The speakers are Tess Blair of Morgan Lewis, Maura Grossman of University of Waterloo and Maura Grossman Law, … Continue reading
Interview: Jon Lavinder of Epiq talks about emerging data and technology-assisted review
Jon Lavinder is Director, Technology-Assisted Review, at DTI. DTI has now merged with Epiq to become one of the largest players in the eDiscovery market and one with more experience of technology-assisted review than many others. In this interview, John … Continue reading
Posted in Discovery, DTI, eDisclosure, eDiscovery, Electronic disclosure, Epiq, Internet of Things, Technology Assisted Review
Tagged Jon La
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Interview: Brandon Mack of Epiq – technology assisted review in the real world
I interviewed Brandon Mack of Epiq recently, and opened by asking him what he meant by technology-assisted review. We went on to discuss how technology is changing the practice of lawyers, the widening scope of projects which use eDiscovery tools … Continue reading
Hal Marcus of OpenText on AI and the increasing take-up of predictive coding by lawyers
Hal Marcus is Director of Product Marketing at Recommind, an OpenText company. He is one of the more eloquent proponents of the use of predictive coding, not just as a technical matter, but as a significant advance on the way … Continue reading
kCura’s London Relativity Fest on 25 April
kCura has organised a London event since 2013. It has had various names since then, most recently the “Relativity Spring Roadshow”, but I was not the only one who always thought of it as Relativity Fest London in line with kCura’s … Continue reading
Getting informed about choosing to work differently at the British Legal Technology Forum ’17
I have not been before to the British Legal Technology Forum. Most of the events I attend have eDiscovery / eDisclosure at their heart, and I had sensed (perhaps wrongly) that most of the exhibitors and the talks have been … Continue reading
Two kCura summaries from Legaltech
kCura is very good at producing summaries of discussions and events both as they occur (usually by tweets from David Horrigan) and by collecting and publishing that instant output in summary form. If I pick two of kCura’s summaries from Legaltech, it … Continue reading
Looking forward to the British Legal Technology Forum ’17 on 14 March
The British Legal Technology Forum ’17 brings together people from the legal and commercial technology sectors to discuss the systems, strategies, processes and platforms which will be relevant to law firms and legal businesses in the near future. Its agenda … 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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Off to Legaltech New York for the eleventh time
Some of what I say here will be familiar to long-term readers, but it seems worth recapitulating my reasons for going to Legaltech (as we will all persist in calling it) and why it is interesting and important. Some pictures from past … Continue reading
Ralph Losey: the top 22 most interesting [US] eDiscovery opinions of 2016
As I sit contemplating collecting together the 2016 eDisclosure-related judgments from England and Wales, I have to admire Ralph Losey who kicked off the year with a 30,000+ word essay on the Top 22 most interesting US eDiscovery cases of … Continue reading
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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Technology-assisted review in Australia – two cases and a Practice Note all worth considering elsewhere
Australia has now joined the common law jurisdictions in which courts have permitted the use of technology-assisted review and got involved in prescribing the mechanics. In one case it was the judge who was the first to raise the subject. The courts … Continue reading
Interview: Phil Favro talks about CTRL’s initiatives on TAR and Information Governance
CTRL is an industry forum dedicated to advancing the discussion on the use of technology and analytics in the practice of law. Its sponsors include Relativity and Recommind (now OpenText) At Relativity Fest I interviewed Philip Favro of both eDiscovery … Continue reading
INsig2 LawTech Europe Congress in Brussels on 7-8 November
I am looking forward to taking part once again in the INsig2 LawTech Europe Congress on 7-8 November 2016. This event, originally set up in Prague by the engaging Frederick Gyebi-Ababio, is taking place in Brussels for the second year … Continue reading
Interview: Judge Peck on the potential increase in the take-up of technology-assisted review
ILTA at the beginning of September gave me a good opportunity to interview US Magistrate Judge Andrew Peck about the growing use of technology-assisted review in litigation. Judge Peck had recently given his opinion in the Hyles case to the … Continue reading
Interview: David Horrigan of kCura on predictive coding, GDPR and other Relativity Fest attractions
I caught up with David Horrigan at ILTA. He is eDiscovery Counsel and Legal Content Director at kCura and gets involved in that capacity in planning for the legal practice sessions at Relativity Fest. This interview is about those sessions. … Continue reading
Interview: Hal Marcus of Recommind on predictive coding after Pyrrho
Hal Marcus is Discovery Attorney and Director of Product Marketing at Recommind (now OpenText). I caught up with him in London in May, after the publication of the judgment in Pyrrho by which the English court approved the use of … Continue reading
The Sedona Conference publishes public comment version of TAR Case Law Primer
The Sedona Conference has published the public comment version of The Sedona Conference TAR Case Law Primer, a comprehensive review of court decisions addressing the use of technology-assisted review (TAR) and civil discovery. Although the primary focus is inevitably on … Continue reading
Jenny Le of FRONTEO talks about the management of predictive coding cases after Pyrrho
Jennie Le is SVP Global Operations at FRONTEO USA (formerly UBIC). She was in London shortly after the publication of the UK judgment in Pyrrho which gave court blessing to the parties’ agreement to use predictive coding. Since this interview, … Continue reading
Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Fronteo, Predictive Coding, Technology Assisted Review, UBIC
Tagged Jenny Le
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Technology-assisted review and cross-border discovery at Relativity Fest
There is, of course, much more happening at kCura’s Relativity Fest than technology-assisted review and cross-border discovery, the two things referred to in my heading. That’s just what I am participating in – there are more than 85 sessions in all … Continue reading
Judge Peck declines to order a party to use TAR. What would an English judge have done?
US Magistrate Judge Andrew Peck has just declined to order an unwilling party to use technology-assisted review in a case called Hyles v New York City. I think that an English court would have made the order in analogous circumstances. I … Continue reading
Recommind is now OpenText
An article by Mark Barrenechea, CEO and CTO of OpenText, with the heading OpenText Expands eDiscovery, Content Analytics, and Cloud with Recommind Acquisition marks the completion of OpenText’s acquisition of Recommind. OpenText is already a leading provider of Enterprise Information Management … Continue reading
Karyn Harty of McCann FitzGerald: eDiscovery in Ireland and the Irish Bank Resolution case
Karyn Harty is the Partner at McCann FitzGerald in Dublin who won the predictive coding argument in Irish Bank Resolution v Quinn. I interviewed her recently about that case and about the wider subject of eDiscovery in Ireland. Taking the … Continue reading
Recommind panel session: predictive coding and life after Pyrrho
The judgment in Pyrrho Investments Ltd v MWB Property Ltd & Ors was delivered on 16 February, and Recommind was quick off the mark to get a discussion panel organised for 15 March. The crypt of St Paul’s was packed … Continue reading
Reacting to the reactions to the Pyrrho predictive coding judgment
My reaction to the judgment in Pyrrho? About bloody time too. There, that’s that done. Oh. You want more than that. Um.. Because, as you know, I spent my whole life looking at Twitter, I saw Taylor Wessing’s story about … Continue reading
Bob Tennant of Recommind: it’s about finding the documents that matter
It is of course a good thing that the eDiscovery software market offers competing solutions to clients. Competition means choice; it also means that software providers must strive to keep invention up and costs down. It is equally true that … Continue reading
The future of money and data at the Singapore Technology Law Conference 2015
My main reason for attending the Global Technology Law Conference 2015 in Singapore at the end of June was to moderate the closing judicial panel. As the conference title implies, its scope was much wider than pure eDiscovery and my … Continue reading
Xerox Litigation Services: corporate involvement in eDiscovery, TAR implementations and eDiscovery managed services
Gabriela Baron, Esq. is Senior Vice President at Xerox Litigation Services. Xerox Litigation Services offers a range of eDiscovery solutions including software, services and consulting increasingly (as we will see below) to corporate clients. Its software includes the Viewpoint Software, OmniX … Continue reading
An interview with US Magistrate Judge Andrew Peck
US Magistrate Judge Andrew Peck is a tireless promoter of eDiscovery best practices. Although best known for his Da Silva Moore and Rio Tinto Opinions on the use of technology-assisted review, he is authoritative also on subjects as diverse as … Continue reading
The judgment and some newspaper comment on the Irish TAR case
If you read my article TAR-red with the same brush in the US and Ireland, you will have concluded that I had a copy of the judgment in Irish Bank Resolution Corporation Ltd v Sean Quinn and ors about the … Continue reading
UK judges and predictive coding – open to any proportionate suggestion
Charles Christian’s Legal IT Insider has been hosting a discussion about the likely reaction of case managing judges to the proposed use of technology like predictive coding. The starting point is a thoughtful article by Drew Lewis, eDiscovery Counsel of … Continue reading
Hobs Legal Docs and Relativity maximise the value of the clients’ own eDisclosure review
How much work should the clients put into their own eDisclosure / eDiscovery? We express caution at the idea that the clients should collect their own data, largely because of the risk that they will damage its integrity in the … Continue reading
Short eDiscovery updates to 29 September
I was at a Washington conference for much of the week ending 22 September and the updates for that week are correspondingly reduced in number. This selection covers two weeks’ of my Google+ updates. Some of them relate to webinars … Continue reading
Epiq Systems: document review in Hong Kong, Zoom from Equivio and covered in eDJ
eDiscovery provider Epiq Systems seems to be popping up all over the place at the moment. Grouping the various sources together has the benefit, for me as well as for them, that those new to this subject can see how … Continue reading
kCura White Paper: workflow for computer-assisted review in Relativity
kCura has released a short and clear white paper called Understanding the Components of Computer-Assisted Review and the Workflow that Ties Them Together. It has a short foreword from Katey Wood at ESG which takes as its starting point that … Continue reading
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
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