Category Archives: Litigation Support

Recommind research shows UK companies not ready for e-Disclosure

I spent much of today digging out quotations from judgments whose theme was inexcusable e-Disclosure failures, which I need for a paper which I am writing. We have had a run of cases in the UK where significant costs have … Continue reading

Posted in Discovery, Document Retention, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Litigation costs, Litigation Readiness, Litigation Support, Recommind | Leave a comment

Search technology: an intelligent adjunct to the lawyer’s skills, not a black box

An article by H5 on the professionalization of search ties in with my recent suggestion that lawyers and search experts have parallel roles in e-Discovery and that clients, rather than the lawyers, will manage the process. The UK courts have … Continue reading

Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, H5, Litigation, Litigation Support | Leave a comment

You have an urgent e-Disclosure requirement NOW. How do you get started NOW?

Although I have long had an interest in disclosure and specifically in electronic disclosure, the sense that there was a mission and a message to promote dates from the IQPC conference in London in May 2007. It was the first … Continue reading

Posted in Discovery, eDisclosure, Electronic disclosure, Litigation, Litigation Support, Posse List, Trilantic | Leave a comment

ILTA Insight 2010: lawyers risk becoming just part of the clients’ process

The most powerful single message from ILTA INSIGHT 2010, held in London yesterday, was that lawyers risk becoming merely part of the clients’ processes in a slot marked “insert lawyer here”. Technology must become part of the lawyers’ business processes, … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, ILTA, Judges, Legal Technology, Litigation, Litigation costs, 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

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

Professor Dominic Regan and I will lead a session on electronic disclosure at Ely Place Chambers, 30 Ely Place, London EC1N 6TD on Wednesday 12th May 2010. The event starts at 2.00pm and will run until 5:15pm The Chambers notice … Continue reading

Posted in Court Rules, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Litigation costs, Litigation Support, Lord Justice Jackson, Part 31 CPR | Leave a comment

451 Group e-Discovery and e-Disclosure report points up the pain of purchasing decisions

The 451 Group, Rob Robinson of Applied Discovery, and I each have different roles in the business of spreading information about e-Discovery and e-Disclosure. The 451 Group is a technology analyst company whose business involves in-depth knowledge of enterprise IT … Continue reading

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

Plenty to do in an ever busier eDiscovery market

It is very flattering when people write in to ask if I am all right because they have noted that the number of blog posts is down in a particular week, suggesting as it does that people do not merely … Continue reading

Posted in Brussels, Discovery, eDisclosure, eDiscovery, Electronic disclosure, iCyte, ILTA, IQPC, Litigation, Litigation Support | Leave a comment

Cable & Wireless beats off Digicel claims

Cable & Wireless has beaten off Digicel’s claim that its entry into the Caribbean telecoms market was deliberately and wrongfully blocked by Cable & Wireless. According to an article in the Guardian, Cable & Wireless Communications wins legal war with … Continue reading

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

Al-Sweady v Secretary of State for Defence: blame for e-Disclosure failures gets personal – and public

The Court of Appeal has castigated a Minister, the Treasury Solicitor, and a serving army officer by name, for disclosure failures in a judicial review application derived from the Iraq war. You do not need such an elevated cast of … Continue reading

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

Marketing political parties is like marketing anything else

No one interested in marketing could fail to appreciate a British general election. I do not disguise my own political affiliation (broadly described as “anything but Labour”) but I will both try to be even-handed in my observations on the … Continue reading

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

Hear Master Whitaker at ILTA INSIGHT 2010 on 27 April

ILTA INSIGHT 2010 takes place on 27 April at the Grange St Paul’s Hotel.  INSIGHT 2010 is ILTA’s 5th annual event in the UK and brings a pocket-sized and UK-focussed version of the excellent main ILTA conference, which I go … Continue reading

Posted in Court Technology, CPR, Discovery, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, HM Courts Service, ILTA, Legal Technology, Litigation, Litigation costs, Litigation Support, Lord Justice Jackson | Leave a comment

IQPC Corporate Counsel Exchange in Brussels 18 – 20 April

I am off to Brussels at the weekend for IQPC’s Corporate Counsel Exchange. The format for this conference is rather different from the conventional series of panel discussions and platform speeches – there are plenty of these, but the primary … Continue reading

Posted in Brussels, Clearwell, Discovery, DocuMatrix, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, EU, IQPC, Kroll, LexisNexis, Litigation Support, Regulatory investigation, Trilantic | 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

Jonathan Maas joins Ernst & Young

Jonathan Maas has joined Ernst & Young as an Assistant Director in its Forensic Technology & Discovery Services team in London. This is good news for both of them. It is also good news for the development of electronic Disclosure … Continue reading

Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Ernst & Young, LiST, Litigation Support | Leave a comment

Reasonably accessible tapes in cartoon and Court of Appeal

I resist passing on all Tom Fishburne’s wonderful Case in Point cartoons which he does for CaseCentral – this is supposed to be a serious place, and I don’t want Fishburne eclipsing my own occasional forays into the lighter side … Continue reading

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

Using marketing to make people hate you

There is more to marketing than making yourself heard – that is just a process, achieved with money and effort. The objective, however, is to make people buy from you, not hate the sight and sound of your name. Bad … Continue reading

Posted in eDisclosure, eDiscovery, Electronic disclosure, Litigation Support, Marketing, SEO | 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

7Safe eDiscovery networking event on 15 April

7Safe is holding an eDiscovery networking event on Thursday 15 April at The Hoxton Hotel, 81 Great Eastern Street, London EC2A 3HU at 6.30pm. It is to mark the official launch of their hosting of Anacomp’s CaseLogistix, one of the … Continue reading

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

Vector Investments: successful claimant made to pay for unhelpful disclosure

Is quite rare to come across UK cases where the quality and costs of disclosure become the subject of a reported judgment. In rare cases such as Digicel, Earles or Goodale, disclosure is either the primary subject-matter of the judgment … Continue reading

Posted in Case Management, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Litigation costs, Litigation Support, Lord Justice Jackson, Part 31 CPR | Leave a comment

Stratify and CaseLogistix manage e-Discovery for the Valukas report on Lehman collapse

I am reasonably sure that I will not find time to read the 2,200 page Valukas Report on the collapse of Lehman Brothers. Fortunately, Gregory Bufithis of The Posse List has extracted from it the description of the electronic discovery … Continue reading

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

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

It is very good to be able to extend a warm welcome to Recommind as a new sponsor of the e-Disclosure Information Project. As the focus for e-Discovery / e-Disclosure turns increasingly on to the way companies collect and manage … Continue reading

Posted in Discovery, Document Retention, Early Case Assessment, eDisclosure, eDiscovery, Electronic disclosure, Litigation Readiness, Litigation Support, Recommind | Leave a comment

Welcome to H5 as a sponsor of the e-Disclosure Information Project

It is a great pleasure to be able to put up the logo of information retrieval company H5 as a new sponsor of the e-Disclosure Information Project. I described H5 in a recent article as “a cross between a commercial … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, EDRM, Electronic disclosure, H5, Litigation Support | Leave a comment

Free use of Equivio Early Case Assessment Software for up to one million documents

Equivio is offering to make its early case assessment application Equivio>Relevance available to a limited number of participants in what they call the Equivio>Relevance Challenge – see the press release and sign-up page for details. Most lawyers can understand the … Continue reading

Posted in Court Rules, CPR, Discovery, Early Case Assessment, eDisclosure, eDiscovery, Electronic disclosure, Equivio, Judges, Litigation, Litigation costs, Litigation Support, Lord Justice Jackson | Leave a comment

EDiscovery leads in March issue of American Legal Technology Insider

The March issue of Charles Christian’s American Legal Technology Insider is available here. It leads with the headline Shake-up time for e-Discovery sector, with Iron Mountain’s acquisition of Mimosa Systems and the report that Marsh & McLennan Companies are putting … Continue reading

Posted in eDisclosure, eDiscovery, Kroll, Legal Technology, Litigation Support | Leave a comment

Cloud Computing: Privacy, Disclosure and Discovery Considerations

There is a free webinar on 11 March callled Privacy, Disclosure and Discovery Considerations stemming from Cloud Computing. It is put on by Wave University and CT Summation and the speakers are Dan Regard of iDiscovery Solutions, Inc., eDiscovery Specialist … Continue reading

Posted in Data privacy, Discovery, eDiscovery, Electronic disclosure, EU, Litigation Support, Summation | Leave a comment

Cats Legal partners with Digital Reef

I wrote recently about Cats Legal, the combination of established print solutions provider Cats Solutions and litigation support provider LDSI (see Cats Solutions combines with LDSI to become Cats Legal).  My planned meeting with Mark Wagstaff of Cats Legal had … Continue reading

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

Georgetown Law: who provides eDiscovery education?

Georgetown Law E-Discovery Law Blog carries an article by George Rudoy of Shearman & Sterling which moves away from the certification argument (see my post Rudoy on eDiscovery certification – reality or myth) and on to the question about who … Continue reading

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

Hitler and Cloud Computing Security

No film scenes can have received as many mashups as the extract from Downfall (Der Untergang) in which Bruno Ganz’s Hitler berates his generals and other clips in which Der Führer gets very cross. Variants include Hitler phones an Indian … Continue reading

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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

Legal Efficiency Supplement in the Times

I mentioned in passing in my post of last night that  I am to interviewed by Dominic Regan for a special report which Raconteur are publishing  on Thursday 25 March in The Times newspaper. Called Legal Efficiency,  it will look … Continue reading

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

Spring Offensive in the eDisclosure War

It feels suddenly as if a new phase is opening up in the war to tackle the wasted costs of e-disclosure. If the Rule Committee’s recent failure to grasp the nettle seemed a rebuff, there is a new Spring Offensive … Continue reading

Posted in Case Management, Court Rules, CPR, Data privacy, Discovery, DocuMatrix, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, EU, Litigation, Litigation costs, Litigation Support, Lord Justice Jackson, Nuix, Trilantic | Leave a comment

Pre-action spoliation of evidence in English law

An article by Professor Peter Hibbert of the College of Law in the Commercial Litigation Journal explores the extent to which English law includes the concept of spoliation of evidence. Why does this arise now, and what are the implications … Continue reading

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The Readership of the e-Disclosure Information Project

I have just been asked to give some statistics for readership of my blog and, having done the research, I might as well summarise it here. It happened to be quite a good day to ask – there were 436 … Continue reading

Posted in Data privacy, Data Protection, Discovery, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Litigation Support, Lord Justice Jackson | 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

E-Discovery and Judicial Involvement in Australia

Project Counsel is the sister site to The Posse List, both run by the ubiquitous Gregory Bufithis. Project Counsel’s web site carried an article on 25th February with the title In Australia, e-Discovery and enhanced judicial involvement come of age … Continue reading

Posted in Australian courts, Case Management, Discovery, eDisclosure, eDiscovery, EDRM, Electronic disclosure, Judges, Litigation, Litigation costs, Litigation Support, Lord Justice Jackson, Nuix, Posse List, Singapore | Leave a comment

Cats Solutions combines with LDSI to become Cats Legal

Print solutions provider Cats Solutions has added the former business of LDSI (Legal Document Services International) to its print and document management services. The combined business has relocated its City-based 24/7 hub facility to new premises at Broken Wharf House, … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, 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

NatWest online banking goes down – at least I hope it is just the online bit which has gone down

As I write, the whole of NatWest’s online banking system has been down for at least five hours. I know it is not working because I am trying to use it. I know that the problem arose at least five … Continue reading

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Legal Inc takes Digital Reef

Amongst the many applications at LegalTech which I was invited to look at but could not fit in was Digital Reef, which allows organisations to identify, collect, process, analyse and review data in place. The advantage of this, obviously, is … Continue reading

Posted in Discovery, Early Case Assessment, eDisclosure, eDiscovery, Electronic disclosure, 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

Millnet offer £10,000 of e-Discovery services for free

Timeo Danaos et dona ferentes is, as you doubtless know, Latin for “there must be a catch somewhere”. It seems unlikely, of course, that the Greeks are going to be bearing gifts for anybody just now, but Millnet seem to … Continue reading

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

Sedona Conference WG6 presentation to Article 29 Working Party in Brussels

I do not usually pass on things sent to me without adding some value (or, at least, some comment) of my own. I will make an exception for a report just in from James Daley, co-chair of the Sedona Conference … Continue reading

Posted in eDisclosure, eDiscovery, Electronic disclosure, EU, Litigation Support, Sedona Conference | Leave a comment

Deborah Baron summarises the Autonomy Cloud message on video

I am a strong believer in the idea that businesses, and particularly technology businesses, need to make use of every medium which is available to get messages across to potential users. The new media formats such as Twitter, blogs, Facebook … Continue reading

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

Distinguishing discussion from lecture at LegalTech

I go back over my recent posts a day or two after publishing them, partly to pick up typos to which one is blind when they are newly typed, but mainly to check that what I said is what I … Continue reading

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

Mixing eDiscovery business with pleasure at LegalTech 2010

I write each February after LegalTech in New York to try and convey how this event is simultaneously hard work and good fun. Certain times and cultures are inherently suspicious of the idea that you can enjoy yourself whilst working, … Continue reading

Posted in Data privacy, Data Protection, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, Guidance Software, LegalTech, Litigation Support, Trilantic | Leave a comment

LegalTech optimism points to busy eDiscovery year ahead

One happy-looking CEO does not make a boom, but the general air at LegalTech 2010 was one of optimism. That indicates more than just good times for litigation support companies. What are the trends, and how will the litigation software … Continue reading

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Some statistics from Equivio>Relevance

I have recently written a white paper about Equivio>Relevance and was subsequently interviewed about it by Metropolitan Corporate Counsel – both if these can be found on Equivio’s publications page. A recent article by Marisa Peacock on CMSWire called Equivio … Continue reading

Posted in Discovery, Early Case Assessment, eDisclosure, eDiscovery, Electronic disclosure, Equivio, LegalTech, Litigation, Litigation costs, Litigation Support | Leave a comment

Two entries in one week in the Weekly E-Discovery Snapshot

My job is promoting the eDiscovery industry and the companies who engage in it, and I do not focus much on promoting me.  I cannot resist this, though. Having an article listed in the Weekly E-Discovery Snapshot which Rob Robinson … Continue reading

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

H5 EDGE Classifier brings intelligence to ediscovery search

Information retrieval experts H5 has always come across as a cross between a commercial information consulting business and a research university, talking as much about its people – “with professional expertise in linguistics, statistics, computer science, law, information technology, process … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, H5, Litigation Support | Leave a comment

FTI Technology 2009 IDC Survey defines the eDiscovery challenges

FTI Technology will be out in force at LegalTech, as you would expect from a  company whose range of products and services cover the full range of eDiscovery problems and solutions. They commissioned an IDC survey which was published in … Continue reading

Posted in Attenex, Discovery, Early Case Assessment, eDisclosure, eDiscovery, Electronic disclosure, FTI Technology, LegalTech, Litigation Support, RingTail | Leave a comment

Anacomp e-Discovery panel at LegalTech – emerging technology and a defensible process

Anacomp are running a panel in the New York suite at the Hilton on Tuesday 2 February at 10:30 AM. I will not, unfortunately, be there, because I am on another platform at the same time. The title is What’s … Continue reading

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

Stratify eDiscovery Super Session panels at LegalTech

I have already mentioned one of the four panels which Stratify is running on Tuesday, 2 February in the Sutton Parlor Center Room at the Hilton in New York. The sessions are as follows: 8.30 Can we have our cake … Continue reading

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

Mary Mack’s review of a decade of ediscovery

Is the rest of the ediscovery world really ten years behind the US? Perhaps it is Judge Scheindlin’s recent strictures which put the US so far ahead of the rest of us in the proportionate search for justice and truth. … Continue reading

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

Posse List interview with e.law Asia Pacific: the spike in e-discovery work in Asia

I was speaking in Singapore when news broke of e.law’s acquisition of CCH Workflow Solutions. It added to my general impression (which I was bold enough to turn into a prediction) that the Asia-Pacific region was the place to watch … Continue reading

Posted in Australian courts, Discovery, e.law, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Litigation Support | Leave a comment

Autonomy eDiscovery Appliance – chaining law firms and clients together

A series of announcements from Autonomy coincide with what I see as the coming developments in the UK and elsewhere, enabling the lawyers to work collaboratively with clients. As one would expect, Autonomy has come up with a series of … Continue reading

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

Recovery of e-Disclosure or E-Discovery costs in litigation

The broad idea about recovery of the costs of litigation is that the so-called “English Rule” allows a successful party to recover his costs from the loser, whereas the costs of US litigation lie where they fall. It is not … Continue reading

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

Seeing Nuix at LegalTech

I try to avoid spending too much time at LegalTech looking at applications. I am much more interested in talking and listening to people, and three days is just not long enough to fit everything in. I generally limit my … Continue reading

Posted in CaseLogistix, Discovery, E-Discovery Suppliers, eDisclosure Conferences, eDiscovery, Electronic disclosure, LegalTech, Litigation Support, Millnet, Nuix | Leave a comment

Alcohol and amphetamines as an e-Discovery solution for Edna

Almost everybody who tweets about eDiscovery offered links to Craig Ball’s article called E-Discovery for Everybody: the Edna Challenge. In it, Craig sought the input of several influential players in the market on behalf of Edna who needed to undertake … Continue reading

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

US claims Global Power to Access Data despite EU data protection laws

Another decision of a US court shows the supremacy of the US courts over EU laws, at least as seen from the US. It doubtless plays well in Utah, but is probably bad news for US evidence-collection in the long … Continue reading

Posted in Data privacy, Data Protection, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, EU, FRCP, LegalTech, Litigation Support, Trilantic | Leave a comment

Outsourcing reaches the business press – so the clients will read all about it

The UK’s appetite for stories and comment about outsourcing remains undimmed. A a long article in The Times on 15 January carried the title Brief for India’s outsourcing lawyers: keep it cheap. Ron Friedmann of outsourcers Integreon, an astute observer … Continue reading

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

Catching up with the new Ontario E-Discovery Rules of Civil Procedure

I missed the new Ontario E-Discovery Rules of Civil Procedure which came into effect on 1 January. By “missed”, I mean that I knew about them but decided that it was a topic important enough to be put on one … Continue reading

Posted in Canadian Courts, Court Rules, Discovery, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, LegalTech, Litigation Support | 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

Posse List interviews with eDiscovery leaders

The Posse List is running a new series called “Data! Data! Data!” — Cures for a General Counsel’s ESI nightmares. The commentary, as always, is to the point. Of yet more interest is the series of interviews in which they … Continue reading

Posted in FTI Technology, Litigation Support, Trilantic | Leave a comment

Between the rock of Jackson and the hard place of LegalTech

Once a decade, we get a large and influential report on Civil Procedure in the Courts of England & Wales. Once a year, the largest and most important e-discovery conference takes place in New York. Did they have to take … Continue reading

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

New edition of American Legal Technology Insider now out

The latest edition of Charles Christian’s American Legal Technology Insider is now out and can be downloaded from here. Its author has been laid low by successive waves of flu in various varieties and this edition is slimmer than usual … Continue reading

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Anacomp ECA Webinar 20 January – measuring and managing eDiscovery

A reminder that Anacomp, owners of review platform CaseLogistix, have a live webinar today, Wednesday 20 January, called Beyond the Buzz: Measuring and Managing eDiscovery with Early Case Assessment. Tom O’Connor and Chuck Kellner, along with Chris Smith, Senior Product … Continue reading

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

Some eDiscovery mistakes are more forgivable than others

We have seen some high-profile mistakes in the discovery world recently.  We should discriminate between incompetence and stupidity or oversight. A mistake is not an ediscovery mistake just because it involved electronic documents. The mirth generated at the expense of … Continue reading

Posted in Disclosure Statement, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation Support | Leave a comment

Tweets travel far and fast – which is good if that is what you want

The speed with which I got reactions to a tweet of Saturday showed the power of this medium. That is great if that is what you want, as I did, less so if that was not the intention. My arm … Continue reading

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

Applied Discovery gets new marketing wind behind it

Good eDiscovery marketing must give would-be clients useful information and help, not just shout “buy me” with a list of functions and benefits. All forms of media must be pressed into service, and value lies more in helpful content than … Continue reading

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

First thoughts on the eDisclosure implications of the Jackson Report

The sections relating to disclosure and e-disclosure in the Jackson Report are a call to action for lawyers and judges without waiting for any actual amendment to the Rules. The key element which Jackson identifies is education, and we can … Continue reading

Posted in Access to Justice, Civil justice, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, FTI Technology, Judges, Litigation, Litigation costs, Litigation Support, Lord Justice Jackson | Leave a comment

NLJ connection issues for Jackson webcast

This is now running at http://www.lexisauditorium.com/NLJJackson Those of you struggling to connect to the New Law Journal’s site to hear the much-hyped webcast with Lord Jackson (much-hyped by me quite apart from the NLJ), may like to know that the … Continue reading

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Trilantic assembles experts for International eDiscovery Track at LegalTech

UK-based legal support provider Trilantic has put together a double panel session on EU data privacy and related subjects which takes place on the first day at LegalTech, Monday, 1 February. Subjects covered will include privacy considerations and EU data … Continue reading

Posted in Data privacy, Data Protection, Discovery, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, LegalTech, Litigation Support, Trilantic | Leave a comment

Getting past the hold music

Every writer aspires to have his work described as “interesting and funny”, particularly if it is simultaneously accepted as dealing seriously with weighty matters. The aim is to get the ediscovery messages past the hold music and encourage people to … Continue reading

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

Craig Ball on Ed Balls’ Ofsted Balls-Up

My apologies to those of delicate sensibilities who might take this amiss. It is, I accept, insensitive of me to do this to you at the beginning of an article. There is no choice, I am afraid – I must … Continue reading

Posted in Court Rules, Discovery, Document Retention, eDisclosure, eDiscovery, Electronic disclosure, Litigation Support, Local Government | Leave a comment

Heavy snow provides an illustrated interlude between heavy articles

The friendly rivalry which exists between US and UK e-disclosure experts and commentators goes beyond questions like “Who can produce the most ludicrous excuse for non-compliance with the rules?” Over the Christmas break, Gabe Acevedo of Gabe’s Guide to the … Continue reading

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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

Distinguishing data from information when balancing risk against cost

There are parallels between the reaction to terror attacks and other threats and the handling of e-disclosure for litigation. Collections of masses of data become not merely a substitute for information but places to lose it, and the real objective … Continue reading

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

Happy New Year

Trees on Port Meadow, Oxford on Christmas Day 2009

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Happy Christmas

Port Meadow, Oxford in Winter Photograph by Chris Dale

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Letter in the Times about destruction of ESI

Amongst my predictions for 2010, published on the website of the Society for Computers & Law on 21 December, was this one: Another side-effect of the Earles judgment will be a debate as to what the law of preservation and … Continue reading

Posted in Court Rules, CPR, Disclosure Statement, Discovery, Document Retention, eDisclosure, eDiscovery, Electronic disclosure, Litigation Readiness, Litigation Support, Part 31 CPR | Leave a comment

The e-Disclosure Information Project in 2009 and 2010

My e-Disclosure predictions for 2010 are up on the website of the Society for Computers and Law. I have not checked back to my previous years’ SCL predictions, but I think that this batch have much more, and much better-grounded, … Continue reading

Posted in Court Rules, CPR, Data privacy, Data Protection, Discovery, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, IQPC, Litigation, Litigation costs, Litigation Support, Part 31 CPR | Leave a comment

Gartner, Hong Kong and civil servants inspire reader comments

Recent comments from readers cover the Gartner report on the litigation software market, the state of play in Hong Kong, and the bright light which has suddenly been shone on the need for government departments to approach electronic disclosure in … Continue reading

Posted in Andrew Haslam, Attenex, CPR, DocuMatrix, E-Discovery Suppliers, Early Case Assessment, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, FTI Technology, Litigation, Litigation costs, Litigation Support | Leave a comment

Times E-Disclosure article leads with Baby P photocopier excuse

The article on E-Disclosure in today’s Times E-disclosure: how good is your filing system? by Grania Langdon-Down leads with the extraordinary “lost in the photocopier” excuse given by Ofsted as they gave late disclosure of 2,000 pages of documents in … Continue reading

Posted in Discovery, Document Retention, eDisclosure, eDiscovery, Electronic disclosure, KPMG, Litigation, Litigation costs, Litigation Support, Millnet, Outsourcing, Regulatory investigation | Leave a comment

Gartner points to non-US E-Discovery market growth

Gartner predicts an eDiscovery software market worth $1.2 billion in 2010. More than 10% of that will be outside the US. Software suppliers may be ready to run with this, but where are the skilled people? Gartner’s report of 16 … Continue reading

Posted in Data privacy, Data Protection, Discovery, Document Retention, E-Discovery Suppliers, Early Case Assessment, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Litigation Readiness, Litigation Support, Lord Justice Jackson | Leave a comment

Kind words from the Posse List eDiscovery Reading Room

If a supplier asked me what to do if it received unsolicited praise from a respected source, I would tell them to stick it up on their web site. What is the proper reaction when someone says nice things about … Continue reading

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451 Group reports on IQPC in New York

I was not at IQPC’s E-discovery conference in New York last week (see IQPC New York – minimizing risks, costs and challenges). Fortunately the 451 Group’s Katey Wood was there and her report is here. Two of the points which … Continue reading

Posted in Data privacy, Data Protection, Discovery, E-Discovery Suppliers, eDisclosure Conferences, eDiscovery, EU, IQPC, 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

Orange Rag: Scottish Civil Costs Review – a missed opportunity

John Craske, Head of Business IT at Dundas & Wilson LLP has contributed a guest article to the Orange Rag which hints at disappointment in the Scottish Civil Courts Review. I wrote briefly about the Report of the Scottish Civil … Continue reading

Posted in Access to Justice, Courts, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, EU, Judges, Legal Technology, Litigation, Litigation Support, Scottish Courts | Leave a comment

IQPC New York – minimizing risks, costs and challenges

Minimizing risks, costs and challenges is the title of the IQPC eDiscovery conference taking place in New York from 7 to 9 December 2009. I will not be there, but the agenda offers more opportunities than its title suggests. I … Continue reading

Posted in Data privacy, Data Protection, Discovery, Document Retention, E-Discovery Suppliers, Early Case Assessment, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Guidance Software, IQPC, Litigation, Litigation costs, Litigation Support | Leave a comment

Georgetown Law: to Insource or to Outsource by George Rudoy

Outsourcing part of the disclosure / discovery process has suddenly attracted attention in the UK. Some think that this is due to the instincts in common between lawyers and the poor old lemmings, who are invoked as role models whenever … Continue reading

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

e-Disclosure conference thoughts from the 451 Group

Although I do my own summaries of the conferences I take part in, it is more interesting in some ways to see what other people take away from them. A succinct summary from an interested party who was present as … Continue reading

Posted in Data privacy, Data Protection, Discovery, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, EU, Legal Technology, Litigation, Litigation Support | Leave a comment

Planning the IQPC E-Disclosure Conference for London in May 2010

Planning is in hand for IQPC’s May 2010 E-Disclosure conference. Good conferences like this provide elements which other forms of information delivery lack, not least the opportunity to interact with those whose data we write and talk about. Having got … Continue reading

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

e.law completes acquisition of CCH Workflow Solutions

On 20 November 2009, Australia’s  e.law completed its acquisition of the business assets of CCH Workflow Solutions from Wolters Kluwer. The news of the acquisition broke whilst I was between conferences and although I heard from both Allison Stanfield at … Continue reading

Posted in Discovery, e.law, eDisclosure, eDiscovery, Electronic disclosure, Litigation Support | Leave a comment

Virtual LegalTech looks good so far

Virtual LegalTech looks quite fun so far. It has an exhibit hall, an auditorium and a resource centre amongst other things, and there are people to chat to (Peggy Wechsler of ILTA was on the phone when I dropped by … Continue reading

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

A packed day of cross-border webinars

Every interest group now has a day in the calendar dedicated to raising awareness about it. It used to be just Christmas, Easter and various saints. Then we got “Mothers Day”, and after that a flood. If there is not … Continue reading

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Equivio->Relevance brings prioritisation to Epiq Systems’ DocuMatrix

Regular readers will know that I find Equivio’s value proposition to be extremely attractive, notwithstanding that the user – the lawyer or his client – does not always get to see it directly. That is because Equivio’s products are bought … Continue reading

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

Business mixed with pleasure at the Thomson Reuters London e-Disclosure conference

The Thomson Reuters Fifth eDisclosure Forum was sponsored by Autonomy, Stratify and Legastat and, as before, the co-chairs were Browning Marean, George Socha and me. I enjoyed it and, unless they were just being polite, the audience seemed to think … Continue reading

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

Cost, quality, risk and predictability in outsourcing debate

An article in Legal Week reports that law firms are aware that existing methods of charging for work must change but says that they are wary of legal process outsourcing as the answer. The only mistake is not to weigh … Continue reading

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