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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: Litigation Readiness
IQPC Exchange in Munich: Information Retention and eDiscovery in Europe
The civil law jurisdictions of mainland Europe have no discovery tradition as it is understood in common law countries like the US and UK. The IQPC Information Retention and eDiscovery Exchange in Munich was an opportunity for corporate counsel to … Continue reading
Recommind Webinar 16 June – Earles v Barclays Bank
I am doing a webinar with Jason Robman of Recommind on Wednesday 16 June at 16.00 BST. It is called The Impact of Earles v Barclays Bank on UK Corporations. Registration is here. Some of the UK e-Disclosure cases recently … Continue reading
Women in eDiscovery at IQPC on 18 May
It is not too late to sign up for the women in e-Discovery session at IQPC’s Information Retention and e-Disclosure Summit on Wednesday 18 May. The conference itself runs from Monday 17 May and the Women in eDiscovery session takes … Continue reading
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
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
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
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
New website for Local Government Lawyers brings commercial awareness to public sector litigation
A new website for local government lawyers has appeared. Given the very wide range of legal issues which affect local authorities, it is perhaps surprising that we have not seen one before. Local authority insulation from the real world will … Continue reading
KPMG survey: Is the legal department ready?
Read KPMG’s new survey on corporate readiness for litigation and then read the judgment in Earles v Barclays Bank. You may spot a connection. KPMG have published the results of the survey which Alex Dunstan-Lee previewed for us at IQPC’s … Continue reading
Welcome to Stratify as new Project sponsor
I am very pleased to welcome electronic discovery software company Stratify as a sponsor of the e-Disclosure Information Project. Their addition to the list of sponsors coincides with the opening of their London office and data centre, as well as … Continue reading
The Continuing Challenges of Preservation, Collection and Exchange
The first session at the Thomson Reuters e-Disclosure Conference in London last week was called The Continuing Challenges of Preservation, Collection and Exchange. George Socha’s panel included a solicitor, a software provider and a judge – Matthew Davis of Lovells, … Continue reading
Where does a wise man hide a leaf?
What connects Father Brown’s deduction that a trusted old soldier had been a villain with Autonomy’s tracing of Jérôme Kerviel’s activities at Société Générale? Both stories involved not just hiding leaves in forests but making a forest in which to … Continue reading
Earles v Barclays Bank reported in the Times
Earles v Barclays Bank was reported in The Times today with the heading Disclosing electronic data. I have already written about this (see Costs penalty for non-compliance with e-disclosure obligations). It is significant at several levels: unlike Digicel it is … Continue reading
Clearing the decks before going to Brussels
I do not pretend that this job is hard work in the way that trying to reach a sales target or managing a large project is hard work. It is far too enjoyable for that. It would, however, be good … Continue reading
Posted in Brussels, Data privacy, Data Protection, Discovery, DocuMatrix, Document Retention, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Epiq Systems, EU, Guidance Software, IQPC, KPMG, Litigation Readiness, Litigation Support, Recommind, Regulatory investigation
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Judge Facciola on US and UK judicial discovery education
US Magistrate Judge John Facciola has recorded a podcast interview with Sarah Haynes of IQPC. This follows a very successful judicial panel which Guidance Software organised at IQPC’s e-disclosure conference in London in May (see The discovery of disclosure commonality … Continue reading
Recommind recommends recognising risks of e-disclosure unreadiness
I do not take a great deal of notice of press releases. If they are interesting, everyone else will gamely recycle their contents, and who wants to be like everyone else? If they are not…. you don’t need me to … Continue reading
The FSA swoops on the unprepared
The American Museum of Natural History in New York contains many tableaux – scenes of animals and man in various stages of early development. My son and I spent an afternoon in there when LegalTech had ended and I found … Continue reading
Guidance Software Q4 results – a guide to the wider market?
Guidance Software, Inc., which is amongst the sponsors of the e-Disclosure Information Project, has posted Q4 2008 results which are its best quarter’s results in its history, with revenue of $25.2 million. CEO Victor Limongelli was on bullish form in … Continue reading
Autonomy panel at LegalTech points to proactive clients – and lawyers
Panel sessions at LegalTech and other conferences combine the best of all worlds so far as I am concerned. The burden is distributed – the moderator has to have a plan and the ability to herd the speakers through it, … Continue reading
Legal Inc panel at LegalTech lives up to its billing
Litigation support providers from the relatively small UK market made a good showing at LegalTech in New York this year. Amongst them was Legal Inc who hosted a panel of luminaries moderated by Charles Christian of Legal Technology Insider. LTi … Continue reading
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
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Kazeon to host judicial e-discovery webinar
I have yet to write up the tremendous speech made by US Magistrate Judge John Facciola at LegalTech in New York last week. My excuse, if such be needed, is that it contained so much of importance to anyone practising … Continue reading
Hanzo Archives show web archiving at LegalTech
So, you have got your mind round this “move to the left” bit they were all talking about at LegalTech and you are clear about the importance of information management, the first stage of the EDRM diagram as a start-point … Continue reading
LegalTech lessons for lawyers from extinct species
Only one practising UK commercial lawyer came to LegalTech in New York. Recession hit the litigation support industry before our eyes. One of the recurring themes there was that the clients are taking discovery in house. Down the road we … Continue reading
Posted in Case Management, Court Rules, CPR, Data privacy, Discovery, Document Retention, E-Discovery Suppliers, Early Case Assessment, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, FRCP, LegalTech, Litigation, Litigation costs, Litigation Readiness, Litigation Support
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Welcome to Equivio as new Project sponsor
I am delighted to welcome Equivio as a new sponsor of the e-Disclosure Information Project. As I wrote in November (see New integration and new web site for Equivio) I met CEO Amir Milo at the Masters Conference in Washington. … Continue reading
Posted in CaseLogistix, Discovery, DocuMatrix, Document Retention, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Epiq Systems, Equivio, KCura, LegalTech, Litigation, Litigation costs, Litigation Readiness, Litigation Support, Masters Conference
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What exactly is it that you do?
A career devoted to court rules and electronic documents is not an instant turn-on for dinner party conversation. The subjects are, however, important ones for businesses beyond those which actually work in litigation, and the rate of change is increasing … Continue reading
Posted in Case Management, Court Rules, Courts, CPR, Discovery, Document Retention, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Judges, Legal Technology, Litigation, Litigation costs, Litigation Readiness, Litigation Support, Millnet
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Autonomy Early Case Assessment at the Ritz
Most of my speaking engagements are of the nuts-and-bolts, cradle-to-grave variety where I speak for a couple of hours about the issues raised by electronic documents and about how proper use of the Civil Procedure Rules, coupled with an understanding … Continue reading
Companies in dark over litigation costs
Companies in dark over litigation costs is the title of an article on the Financial Times web site today (login required). It tells of an Ipsos Mori survey commissioned by Addleshaw Goddard. The survey’s subject-matter was more specific than the … Continue reading
Birmingham Law Society e-disclosure seminar
A collections expert, a data archive specialist, a commercial barrister and a judge took a Birmingham audience – the second audience there in three weeks – through the stages of data handling, from organising it on the clients’ server, through … Continue reading
Catching up with CaseLogistix
Products and suppliers have taken a back seat in this blog whilst wider issues and travelling have taken most of my time. Anacomp’s CaseLogistix has been busy, with a new paper on the discovery of audio files. It has a … Continue reading
Getting disclosure information out of SharePoint
I was interviewed last week by one of the big computer magazines about the ever more ubiquitous Sharepoint – Microsoft Office SharePoint Server (MOSS) to give it its full name. The context, unsurprisingly given my own area of practice, was … Continue reading
Lord Justice Jackson to head litigation costs review
The Master of the Rolls, Sir Anthony Clarke, has appointed Lord Justice Jackson to head a committee to review the costs of civil litigation. The appointment apparently follows a meeting between Sir Anthony Clarke and Bridget Prentice, Parliamentary Under Secretary … Continue reading
Posted in Case Management, Civil justice, Commercial Court, Court Rules, Courts, CPR, Discovery, Document Retention, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Legal Technology, Litigation, Litigation Readiness, Litigation Support, Lord Justice Jackson, Ministry of Justice
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Speaking and listening in Australia
Sydney feels familiar from the moment you step off the plane. It is not just its culture, language and architecture which makes you feel at home – its law, its information management issues, the remedies available to judges and the … Continue reading
Posted in Australian courts, Case Management, CaseMap, Court Rules, Courts, CPR, Disclosure Statement, Discovery, Document Retention, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Epiq Systems, Guidance Software, KPMG, Kroll, LexisNexis, Litigation, Litigation Readiness, Litigation Support
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Betting on certainties in the information war
The odds on gaining improved information management from the recession are better than those on offer for Peter Mandelson’s resignation before the next election. The war to tame the information needed for litigation and regulation, like other wars, will breed … Continue reading
Birmingham barristers see e-disclosure applications
A seminar in Birmingham allowed an audience of lawyers to see some of the applications used to handle electronic disclosure topped and tailed by some explanation of the litigation context. It was not just a trade show but a visual … Continue reading
Posted in Case Management, CaseMap, Court Rules, Courts, CPR, Disclosure Statement, Discovery, DocuMatrix, E-Discovery Suppliers, eDisclosure, eDiscovery, EDRM, Electronic disclosure, Epiq Systems, FoxData, Judges, LexisNexis, Litigation, Litigation Readiness, Litigation Support, Part 31 CPR, Trilantic
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What will recession do for civil justice?
I nearly did Gordon Brown an injustice last night. My notes for a talk to be given in Birmingham included the observation that “our weasel-worded Prime Minister has not yet found the guts to admit that we are in or … Continue reading
Leadership in litigation
This is a report of a speech given by US Magistrate Judge John Facciola at the Masters Conference in Washington on 17 October 2008. Its theme was leadership. Whatever view UK lawyers and judges may take about US litigation discovery, … Continue reading
Ernst & Young Forensic Party
If Ernst & Young Forensic Technology and Discovery Services manage their clients’ work as thoroughly as they manage their party invitations – as I am sure they do – it seems unlikely that they miss much. My Inbox is full … Continue reading
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
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Where were the lawyers at IQPC?
The potential audience for these musing ranges from large London firms with Terabytes of data for review down to much smaller firms with modest volumes and budgets to match. A report of a two-day, high-end conference in London will resonate … Continue reading
Whose discovery rules would you rather break?
Damned if you do, damned if you don’t is the dilemma which faces many who are responsible for document production simultaneously in more than one jurisdiction. The subject was covered in some of the sessions at IQPC’s Information Retention and … Continue reading
E-disclosure conferences and seminars 2008
I have updated on my web site the list of conferences, seminars and similar events known to me for 2008, with hyperlinks to the programmes where they are available. I have left up the programmes for the past events, since … Continue reading
Posted in Australian courts, Case Management, Commercial Court, Court Rules, Courts, CPR, Discovery, Document Retention, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, ILTA, ILTA Insight, IQPC, Law Society, Litigation Readiness, Litigation Support, The Lawyer
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Defensibility of the UK e-Disclosure process
Do the UK courts ever question the manner in which electronic evidence was collected? It is a source of much contention in the US but we have little case law directly on the point here. It is clearly vital to … Continue reading
E-Disclosure conferences in London 2008
There are several e-Disclosure conferences in London this year, including a couple which have not been seen in this space for a bit. Conference organisers have a keen eye for what is topical and have obviously decided that 2008 is … Continue reading
The Qualcomm CREDO Program
The judge who heard the sanctions part of the Qualcomm case set out a program for devising an action plan to prevent future disclosure violations. UK companies may like to measure their own preparedness against it. On 30 January I … Continue reading
Discovering what to do about e-disclosure
The paucity of blog postings recently does not imply that there is nothing to write about On the contrary, there is too much going on to stop and write it all up. A quick summary of what has come up … Continue reading
Guidance on the Human Factor in eDiscovery
My first port of call in New York last week was Patrick Burke, Assistant General Counsel at Guidance Software. I did a webinar with Patrick over Christmas (Americans don’t really do Christmas I discover – the last e-mail in on … Continue reading
E-Disclosure – What does the court expect?
His Honour Judge Simon Brown QC told a London conference audience what the UK courts expect from those who appear before them when electronic disclosure is a big element in a case. I have written separately about the conference organised … Continue reading
Marcus Evans conference – E-Discovery Strategies
A good e-Disclosure conference will make you want to know more or, at least, will ring an alarm bell in due course. There are pitfalls to know about and practice development opportunities being missed. I am just back from a … Continue reading
Victor Limongelli now CEO of Guidance Software
Guidance Software announced last week that Victor Limongelli has been appointed Chief Executive Officer. I met Victor at a conference in London earlier this year. He is easy to spot – an American executive who speaks knowledgeably about the English … Continue reading
T3 – Trial Tactics and Technology in London
A mock eDiscovery hearing yesterday in front of real judges would have put UK litigation lawyers on notice of rough rides ahead if they are less than fully prepared to justify what has been done or not done to control … Continue reading
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
Richard Susskind and the End of Lawyers
Richard Susskind’s long-term prediction that the work of lawyers will break up into “identifiable and discrete pieces” applies here and now to electronic Disclosure. The discrete stages of first identifying and culling, and only then analysing, document populations do not … Continue reading
Electronic evidence and e-discovery forum 2007
The skills and tools developed for urgent regulatory compliance and forensic analysis have benefits for cost-effective electronic Disclosure in litigation. I am just back from the Electronic Evidence and e-Discovery forum run by AKJ Associates, a two-day conference at which … Continue reading
US courts’ hard line on Discovery failures
The US courts are coming down heavily on inadequate Discovery of e-mail and other electronic sources of information, and accepting few excuses for non-compliance with the Rules. Events in a far away country of which we know little (as Chamberlain … Continue reading
TRILANTIC cited as a top eDiscovery provider
A coup for Nigel Murray and TRILANTIC as ILTA opens in Orlando. Trilantic was named as a Top 20 eDiscovery provider based on Law Firm recognition. In addition, they were cited as a Top 10 provider in the (trial) presentation … Continue reading
In Orlando, now that ILTA’s there
I pack my bag, and in it I put a Marriott hotel in Orlando, ILTA, the Practice Direction to Part 31 CPR, a document retention policy, a litigation support training course, an e-Disclosure conference, some needles and haystacks, All Souls … Continue reading
The e-Discovery of Document Retention
The IQPC Conference on Information Retention and E-Disclosure Management, London 22 and 23 May 2007 A load of self-imposed rules and habits were cast aside this week. I usually sit at my desk until the early hours, and dawn is … Continue reading
eDisclosure Information Project 