The Nuix User Exchange at Huntington Beach – the word “Exchange” is deliberately chosen

The annual Nuix User Exchange takes place at Huntington Beach in California from 15 to 17 September. In a blog post called 2019 Nuix User Exchange – Focus on Community and Growing Together, Andrew Nester of Nuix writes about the reasons for attending this event and about the communal emphasis in the programme for this year.

The conference is called an “Exchange” for a reason – the word connotes learning from each other rather than merely being told things, which is the formula which has made ILTACON so successful over the years. The trick is to strike a balance between having a full programme and leaving enough time for people (whether actual users or potential users) to talk among themselves, to share experiences and to trade ideas. Continue reading

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Interview: Brian Stuart and Glenn Barden of FTI Consulting on the uses of Relativity Trace

At Relativity Fest in London, I spoke to Brian Stuart and Glenn Barden of FTI Consulting about FTI’s use of Relativity Trace on behalf of clients. I began by asking what Relativity Trace is.

Brian Stuart said that Relativity Trace is a communications monitoring tool used, for example, for the surveillance of traders and others whose actions and behaviours can influence markets, for example by insider trading. Relativity Trace gives real-time insight into such manipulation. Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, FTI Consulting, FTI Technology, Relativity | Tagged , | Leave a comment

Interview: Dera Nevin on helping lawyers to choose and use legal technology

I am very lucky in the panels I am asked to moderate. The speakers are either people I know already, or are experts whose reputation has gone before them so that I know to expect interesting things from them. Dera J Nevin was known to me by reputation and from her very useful Twitter feed, but it was not until this year that we presented anything together.

Dera Nevin is a lawyer and legal technologist. At Legaltech in New York she was an articulate speaker on a panel which I moderated for Relativity called Discovery, security, and business considerations.

One of her subjects on the panel was the questions lawyers should ask and have answered before moving to the cloud. Afterwards, I interviewed her about wider subjects arising in her work helping lawyers to choose and use legal technology.


Dera Nevin said that implementation runs more smoothly when the lawyers have been involved in its selection and understood why it was to be used. It works best if they have been involved in articulating the need for a technology solution, and see some examples. Continue reading

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Interview: Al Park of Control Risks on the use of Relativity and RelativityOne for investigations

At Legaltech in New York, I interviewed Al Park, Global Technology Consulting Leader at Control Risks. Control Risks is a major Relativity partner and, Al Park said, often has several investigations running concurrently. It needs the stability and security which RelativityOne can bring it.

It is not uncommon for a regulatory investigation and an internal investigation (and perhaps also litigation) to be running at the same time about the same facts or events. Relativity’s analytics and data visualisation help users to get to the facts more quickly. Continue reading

Posted in Control Risks, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Relativity | Leave a comment

Appointment of new CEO at Relativity allows Andrew Sieja to go back to his roots

I was away speaking at a discovery event when the news broke that Relativity has appointed a new CEO and that Andrew Sieja is moving up to be executive chairman. Since I have no aspirations to be a first-with-the-news journalist, I can be content that others had the splash, and can look at a couple of aspects of the story which seem important to me.

The facts are set out in the Relativity press release. Mike Gamson comes to Relativity from LinkedIn where his most recent post was Senior Vice President of Global Solutions, and brings deep experience of setting up and managing products at LinkedIn, which had not defined a monetisation strategy when he joined it.

It is no small thing to step into the shoes of a company founder who brought the business from nothing to global dominance, and who has been its public face for so long.

The questions which interested me at a press call earlier this week were firstly why Mike Gamson and secondly what will Andrew Sieja do next? Continue reading

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Integreon blog post on innovation as a warm-up for our Bristol eDiscovery panel on 26 June

As I have reported more than once (most recently here), I am taking part in a panel in Bristol with Integreon on Wednesday called eDiscovery, technology and the judiciary.

Its theme may be deduced from the title. Those responsible for drafting the new disclosure rule referred expressly to past judicial failures as a reason for beefing up disclosure obligations. The new rule has been accompanied by a determined attempt to make judges play their part in reducing the expense of disclosure. If there are few published judgments as yet, anecdote suggests that the judges are doing just that.

Integreon’s Vince Neicho has written an article called Innovation, destruction and frustration: breaking the vicious cycle, a follow-up to an earlier article which I wrote about here.

Vince Neicho begins by identifying some of the reasons why lawyers are willing to change the way they work. It is, he says, because the court requires it, because the client requires it, or because the competition is already doing it. Continue reading

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Hot crime scenes, Snowballs and the cloud – AccessData on the collection of evidence anywhere

AccessDataAccessData has been collecting data for criminal and civil purposes for decades. A lot has changed over that time – not just volumes, and the types and sources of data, but the urgency with which it must be collected and analysed.

Data used to be reasonably predictable – it was generated on static computers, stored in predefined places, and consisted of a limited range of data types. Today, the urgent need to collect data may spring up from anywhere at any time, not least as a result of some criminal or terrorist activity. It is recorded in multiple formats by law enforcement, by CCTV, or by any passer-by with a smartphone. Its volumes can be enormous, and the need to analyse it may be extremely urgent where, for example, it may help prevent a further incident.

These things are the subject of two recent blog posts by AccessData. One is called Access data is assisting law enforcement with deployment of massive investigation capabilities in the face of evolving terror and critical incidents. The other is called Could we be more proactive with the cloud for a “hot” crime scene? Both deal with slightly different aspects of the same thing. Continue reading

Posted in AccessData, Cloud, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Evidence, Forensic data collections | 2 Comments

Inventus webinar and articles on multilingual eDisclosure

Inventus is producing a webinar on 16 July called Accelerating International eDiscovery: The Challenges of Multilingual Litigation. The speakers are Dominic Piernot, eDiscovery Consultant Germany/France at Inventus, John Tinsley, CEO of Iconic Translation Machines, and Jérôme Torres-Lozano, Director of Professional Services at Inventus. The moderator is Sarah Brown, eDiscovery expert at Inventus.

There is information about this, and a registration form here.

To supplement the webinar, Inventus has published a two-part article on multilingual edisclosure by Jérôme Torres-Lozano called It’s all Belgian fries to me: the art of multilingual disclosure. Part 1 is here and Part 2 is here.

Jérôme Torres-Lozano was brought up bilingual, and his first job was working with a major translation corporation. He now brings specialist language skills to electronic disclosure / eDiscovery at Inventus. Continue reading

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Interview: Rishi Khullar of Heretik on Heretik Forge and its use with RelativityOne

Rishi Khullar is Director of Product Management at Heretik. I interviewed him at Relativity Fest in London about Heretik’s new product, Heretik Forge, because Heretik Forge uses RelativityOne.


Rishi Khullar said that Heretik Forge is the first solution for running data science experiments in a Relativity instance, allowing customers to build custom machine learning models. Uses include contract review, M&A, regulatory response, and vendor management.

The customer is able to build machine learning models which are theirs and which stay with them. By allowing customers to tailor analysis models to suit their business, they enable competitor differentiation. Continue reading

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Reminder: Integreon eDiscovery / eDisclosure panel in Bristol on 26 June

I wrote recently about a discussion panel which Integreon is putting on in Bristol on 26 June. That is now just over a week away.

Although we will be looking at the new discovery rule, the focus is much more on the practical aspects of dealing with electronic documents and data in any context, and on the feedback from judges gleaned when Integreon’s Vince Neicho spoke at the Judicial College.

There will also be a demonstration of Brainspace, showing how visual analytics plays a part in preparing to give (or receive) discovery / disclosure in any context.

Our aim is to bring together the problems and the solutions, to look at what is new and what is not, and to suggest how a good understanding of technology enables the required discussions with the other side and with the court. Continue reading

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Interview: Matt Brunnquell of OpenText on the growing importance of document security

eDiscovery, originally the main focus of this blog, has properly become seen as a subset of wider document management functions. OpenText’s roots lie in document management, and it has met the changing market by acquiring eDiscovery and forensics companies (notably Recommind and Guidance Software) to bring those specialist activities to its corporate clients while continuing to develop its broader document management and information governance tools and skills.

eDiscovery itself has broadened, its remit extending beyond disputes to other areas of corporate activity (such as M&A) which require the collection and searching of large bodies of data. At the same time, security concerns have risen to the top of the list of risks which concern lawyers and their clients. The risks are both external and internal – third party actors intending loss or harm to a company, or insiders, perhaps abusing privileged access to data.

OpenText eDocs is designed to deal with threats like data breaches and insider risk threats – see this OpenText web page Organizations require additional security layers and this one about the latest release of eDocs which summarises the threats and the solutions, not least encryption of documents at rest, which OpenText eDocs brings. Continue reading

Posted in Cyber security, Data Security, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Guidance Software, OpenText, Recommind | Tagged | Leave a comment

Interview: Sean Lynch of Ricoh on the mutual dependence of AI and human input

At Legaltech in New York I spoke to Sean Lynch, who is is Director, Review Services, at Ricoh eDiscovery in Canada. One of the most discussed topics at Legaltech was artificial intelligence, and I asked Sean Lynch what was happening with AI and what was useful.

Sean Lynch said that AI had perhaps been overhyped and given more importance than it currently had in practical terms. The term “AI” covers a lot of sophisticated software, used by sophisticated people, which produces data models of enormous value to lawyers.

The software itself doesn’t know anything, Sean Lynch said. This kind of software is good at learning that this type of document is good and that one is not, and can amplify that conclusion across very large datasets. It will, however, never replace lawyers. It can make their lives easier and less complex, and enable them to take on more diverse matters. This makes it of particular value to smaller firms. Continue reading

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Integreon panel in Bristol on 26 June: eDiscovery, technology and the judiciary

Integreon has assembled a panel to visit Bristol on 26 June to talk about technology and effective resourcing, primarily in the context of the disclosure pilot scheme.

The focus will be on practical things – on getting the disclosure job done within the rules, and done on time and at the lowest realistic cost. The principles set out in the pilot scheme, not least the obligations to plan ahead and to cooperate, are equally applicable to other forms of document management, including investigations and arbitrations.

The subjects also include training, and particularly training for the judges who have the task of managing disclosure. Vince Neicho of Integreon spoke about this at the Judicial College a few months ago, and he will cover that and some of the feedback he got from the judicial delegates.

The speakers come from industry, from law firms and from Integreon. They are:

Mark Brannigan – Vice President, EMEA – Cybersecurity at AON
Emily Wyllie Ballard – eDiscovery Manager at RPC
Nicola Woodfall – eDiscovery Manager at Travers Smith
Vince Neicho – Vice President, Legal Services at Integreon
Clare Chalkley – Vice President, Legal Services at Integreon

I am to have the pleasure of moderating the discussion. Continue reading

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Ricoh webinar series starting on 5 June – Intelligent Information Management

Ricoh is running a set of webinars in June under the general title Techtalks Webinar Series on the theme Intelligent Information Management.

This consists of four one-hour webinars about solutions for managing unstructured data, contract analysis, compliance and digital transaction management. Each of them will be done in conjunction with one of Ricoh’s partners.

There is a website here about the series which includes registration links for each webinar. The first one is called Take control of your data and will be presented in conjunction with Active Navigation. Its main message is that management of data is more than just questions of control and compliance, important though they are; there is also valuable business intelligence and insight to be extracted from properly-managed data. Continue reading

Posted in eDiscovery, Information Governance, Ricoh, Ricoh eDiscovery | Leave a comment

Interview: David Lapresi of Phillips Lytle on the need for lawyers to adopt technology

David Lapresi is eDiscovery and Litigation Support Manager at Phillips Lytle. I interviewed him at Legaltech in New York at the suggestion of OpenText and asked him if he was optimistic about lawyers’ use of technology like OpenText’s Axcelerate.

David Lapresi said that he is now optimistic where it was a struggle twenty years ago to persuade lawyers to use technology. More lawyers know that they must embrace it, he said. Volumes are now so high that traditional methods of document review cannot be competitive. Continue reading

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Interview: Roger Miller of Consilio on investigations and the new imperatives in global eDiscovery

ConsilioAt Legaltech in New York, I interviewed Roger Miller, Senior Vice President leading the compliance and investigations group at Consilio. Our subject was the use of technology in investigations and about the growing and changing imperatives in global eDiscovery.

The skills and tools developed for litigation eDiscovery are being repurposed and applied to regulatory and other investigations. While this is not a new development, Roger Miller said that this kind of use is increasing considerably, and extending to the far left of the EDRM so that organisations can identify compliance issues ahead of investigations. For example, he says, new technology, particularly the use of artificial intelligence in contextual searches, is being used to find out quickly if a complaint has merit so that the organisation can anticipate problems. Continue reading

Posted in Consilio, Data privacy, Data Protection, Digital investigations, Discovery, eDisclosure, eDiscovery, Electronic disclosure, GDPR, Regulatory investigation | Tagged | Leave a comment

Some pictures from Relativity Fest London 2019

Here are some pictures from Relativity Fest London which occupied large premises in Houndsditch, and (pleasurably) a large amount of my time, earlier this week. Bigger and better than ever, was the general view.

Relativity CEO Andrew Sieja opens the show:


__________ Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, FTI Consulting, FTI Technology, Relativity, Relativity Fest | Leave a comment

The Nuix Insider Conference 2019 – showing what a conference is for

What is the right format for discovery and legal technology conferences? The fashion is to criticise them, with their purpose, speakers, agendas, venue, room layout, and food all sneeringly dismissed because they don’t match some notional ideal – an ideal which none of the critics ever quite manages to define.

Leaving aside those for whom sneering is the purpose of being, there are some things we are stuck with. You can’t knock something for being “too commercial” without offering some other basis on which they are funded. In any event, “commercial” seems an odd swear word in an industry which generates billions of £ and $ worldwide and helps support a much larger activity of law, regulation, security and the rest which are not only major businesses themselves but are vital to the wider commercial world.

We are stuck with the venues on offer. Agendas are driven by what the delegates want to hear. The speaker pool always needs widening, as well as diversifying. Organisers have to walk a line between bringing on new voices and ensuring that the content quality remains high – these aims do not exclude each other, and those who simply sneer should be required to append the name of at least one new speaker to their sneers.

Recent years have seen the decline of the general-purpose eDiscovery conference, in the UK at least. They have been replaced by ideas-led events driven by forward-looking legal technologists, by events based around specific problems (such as the new disclosure rule or the GDPR), and by product-specific events organised (usually) by a software provider and designed to appeal to their existing and hoped-for users and partners.

Continue reading

Posted in Data Security, Data Subject Access Requests, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Nuix, Nuix Insider Conference, RingTail | Leave a comment

Relativity Fest London: data privacy and DSARs – the GDPR’s slow-burning threat

When I wrote recently about the agenda for Relativity Fest London, taking place on 21 May, I neglected to mention that I am taking part in one of its panels.

It is called Whose data is it anyway? Data Privacy and Data Subject Access Requests. The other panel members are Mark Anderson, Senior Project Consultant at CDS, Jonathan Armstrong, Partner at Cordery, and Meagan Sauve, eDisclosure Consultant at Special Counsel. David Horrigan of Relativity is the moderator.

There were those who predicted that the GDPR would be like the Y2K or “Millennium Bug” situation, where everyone predicted disaster and then sneered when nothing much happened on the due date.

I criticised that approach on two grounds. One was that a great deal of work by some very clever people went into making sure that nothing happened as we moved to the new millennium; there was not much of that in evidence in advance of the GDPR’s introduction last May. Continue reading

Posted in Data privacy, Data Protection, Data Subject Access Requests, Discovery, eDisclosure, eDiscovery, Electronic disclosure, GDPR, Relativity | Leave a comment

Trading ideas with the millennials: Inventus sponsors the Junior LSLA summer party

The Junior London Solicitors Litigation Association is a sub-group of the London Solicitors Litigation Association (LSLA), open to litigators with up to 8 years post -qualification experience. They are holding a summer party at the Sky Bar at Leonardo Royal Hotel London – St Paul’s, on 29 May.

Inventus, one of the largest international legal support services providers, is sponsoring it. Inventus CEO, Paul Mankoo, said

“JLSLA members are the future of the practice of law, driving innovation forward. Our support underscores our commitment to enabling that innovation and future legal leaders in delivering cutting-edge services and solutions to the global legal clients.” Continue reading

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Interview: Kris Wasserman of D4 / Special Counsel on adding high-value services to RelativityOne

Kris Wasserman is Regional Vice President at D4 / Special Counsel. I interviewed him at Relativity Fest in Chicago and asked him first about D4’s use of RelativityOne.

D4 was an early adopter of RelativityOne and, Kris Wasserman said, had recently made a significant further expansion in its RelativityOne capability. This was not just in the US. D4 was one of the first RelativityOne certified partners in the UK. Continue reading

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Interview: Scott Sterkel of NightOwl Discovery on how corporate legal departments procure discovery services

At Legaltech in New York, I interviewed Scott Sterkel, Director of Sales at NightOwl Discovery. I asked him if he was seeing differences in how corporate legal departments procure services.

Scott Sterkel said that there are now more people involved in the procurement process. It is a more structured process, often involving RFP’s, and generally takes longer than it used to. Continue reading

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Interview: Paul Mankoo of Inventus on working together to deliver legal services

This is the third in a series of interviews which I did with Paul Mankoo, CEO of Inventus, at Legaltech in New York.

The subject of this short segment is the changes in the way organisations are spending money on eDiscovery and related services. Historically, most of this money went to lawyers. Now, although the spending is up, lawyers are getting less of it. Where, I asked Paul Mankoo, is the money going?


Paul Mankoo said that organisations continue to take increasing control of the discovery process. They are doing more of it themselves as well as exerting more control over those to whom they delegate work. Continue reading

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Interview: Adam Rubinger of NightOwl Discovery on improving the client experience

At Legaltech in New York, I interviewed Adam Rubinger, whose role at NightOwl Discovery is Chief Client Officer. What, I asked, does that role cover?

Adam Rubinger said that that his role is to ensure that clients have the best possible experience in their dealings with NightOwl by creating a strategy to deliver a level of service they are used to and demand. His job is to create a culture which tends towards client excellence.

The relationship between providers and lawyers, on the one hand, and their clients, on the other, has changed. Service providers had got into the habit of telling clients what ought to be done, but clients are becoming more sophisticated, not least because of the webinars, conferences etc which they attend, and are becoming more demanding.

Their expectations range from simple things like getting an acknowledgement to their requests through to complex matters like workflow design.

Clients will have their own goals and missions. Sometimes they come up with what they want, and the provider may have to consider the difference between what they want and what they need. It is down to NightOwl, Adam Rubinger said, to work cohesively with both inside and outside counsel. The approach was not as prescriptive as in the past, but involves working towards blending mutually acceptable ideals.

There is a trend at the moment (and a good one) for providers to create senior posts for things which are not merely technical, sales or marketing. We are seeing softer functions like improving diversity and improving the client experience which is Adam Rubinger’s role.

Adam Rubinger just said that Nightowl’s culture is focused on things like that. NightOwl is a Midwest company with a certain set of values, and it works to align those with the interests of the clients.

I asked if there were other planned initiatives. Adam Rubinger said that NightOwl is moving towards a new client experience initiative which covers obvious things like response times, dialogue and communication, but aims also to give clients the comfort that when they go to bed, things are being taken care of and that NightOwl is on their case. That is not easy and involves a significant training element.


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Common sense in the bin: GDPR nonsense reaches its peak at the post office

Data protection has long offered the uninformed the opportunity to excuse their unwillingness to help by reference to half-understood principles.

Attempts to get simple answers from organisations, including those with whom you have a contractual relationship, are too often met with “Can’t tell you that cos of dita protexshun”. Policemen and other public servants try to prevent you taking photographs of them going about their public business with similar cries.

The culprits are often the same as those who blame “elf ’n’ safety” for stupidly unnecessary bans on normal activities. Often this comes from organisations for whom being unhelpful is a deliberate policy – shysters in telecoms or energy providers, for example, whose business model assumes that users will stop complaining if they make it hard for them to do so – or from public bodies like local authorities staffed by low-end pen-pushers who get the illusion of importance from making life difficult for the public. Continue reading

Posted in Data privacy, Data Protection, GDPR | 1 Comment

Relativity Fest London is on 21 May and the agenda has been published

Relativity Fest London takes place on 21 May, and the agenda has been published.

As always, it offers a wide range of subjects, covering both Relativity’s technology and the context in which it is used. Registration is free and the registration form is here.

I will be there as always with the family video team, taking advantage of the concentration of interesting and informed speakers to do more of our video interviews. Continue reading

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Vince Neicho of Integreon writes about the other kind of AI – actual intelligence

Integreon’s business is document review, for litigation, regulation and other purposes, including litigation content management, and compliance due diligence. Its business involves using a mixture of technology, human skills and well-honed processes to deliver document review services as quickly and cost effectively as possible. Its business model depends on delivering the agreed output on time and to budget. As a company, it therefore has a close interest in any developments which speed up delivery while maintaining accuracy.

Vince Neicho is VP – Legal Services at Integreon in London, after a long career as litigation support manager at Allen & Overy. He has written an article for Legaltech News [registration required] called Intelligently reinventing AI: using human intelligence to leverage the artificial kind (also available here on Integreon’s site)

The term “artificial intelligence” is widely used at the moment. There are a few software providers who can legitimately describe their products as bringing “artificial intelligence” to data and business problems, but the term is widely used to cover almost anything involving a computer. For example, the present issues in UK criminal law about disclosure of mobile phone data are often said to be soluble by “AI”, leading me to post this on Twitter recently: Continue reading

Posted in Discovery, Document review, eDisclosure, eDiscovery, Electronic disclosure, Integreon, Outsourcing | Tagged | Leave a comment

OpenText recorded webinar: Data Subject Access Requests

OpenText has published a webinar which I moderated for them recently on Data Subject Access Requests (DSARs).

The speakers were Catrina Smith and David Wilkins of Norton Rose Fulbright. Catrina Smith is a partner in the employment department at Norton Rose Fulbright who, it quickly appeared, has a comprehensive and practical approach to dealing with and advising clients on dealing with Data Subject Access Requests. David Wilkins is Legal Technology Project Manager at Norton Rose Fulbright, advising NRF lawyers and clients on how technology can be used to address the challenges of handling personal data disputes, investigations, and information governance projects. Continue reading

Posted in Data Subject Access Requests, Discovery, DSARs, eDisclosure, eDiscovery, Electronic disclosure, GDPR, OpenText | Leave a comment

FTI Consulting and the increasing cross-over between information governance, privacy and security

In the beginning was eDiscovery and, alongside it, the barely-regarded business of records management. EDiscovery brought obvious risk – of losing a case or, in the US, of being sanctioned for non-compliance with a court rule. Records management appeared to bring neither risk nor profit and its problems, so it was thought, could be solved by buying another server.

The concept called “information governance” showed its face briefly in about 2012, but did not take off because there was nothing obvious to buy to solve a problem which organisations barely regarded anyway.

Then cybersecurity risks brought damaging outcomes – expense, reputational damage and lost customers. Regulatory expectations and regulatory interventions began to equal or exceed the demands of litigation discovery. Privacy and data protection requirements rose to the top of the pile with the advent of the EU’s General Data Protection Regulation, which induced first indifference, then panic (at the expected level of fines), then the comforting illusion that only Google, Facebook and other organisations whose business was data collection were the targets.

Better organised, or better advised, organisations came to realise that, while the big fines were indeed aimed at those who collect data in order to sell it, they all collected and held data which included personal information ancillary to whatever their main business was. It became clear, eventually, that all these subjects – litigation discovery, regulatory requirements, cybersecurity threats and privacy duties – were all interlinked. The ideas about information governance came back to life. Continue reading

Posted in Cyber security, Data privacy, Data Protection, Data Security, Defensible deletion, Discovery, eDisclosure, eDiscovery, Electronic disclosure, FTI Consulting, FTI Technology | Leave a comment

Interview: Adam Kuhn of OpenText on new technologies and their practical applications

Adam Kuhn is Director, Product Marketing, at OpenText Discovery. I interviewed him at Legaltech in New York, where we talked first about the wide range of technologies which OpenText has collected for the legal market, and then about how they are being used by both in-house lawyers and law firms.

OTEX Legal Tech Overview

Adam Kuhn said that OpenText has a history of acquiring and integrating successful companies, and has collected a portfolio of technology which makes it the leader in enterprise information management. He was at Recommind, and came into OpenText when its acquisition of Recommind provided the core of the OpenText eDiscovery offering.

After that acquisition, OpenText saw that it had a gap on the left side of the EDRM and bought Guidance Software (a company with which I had been associated for over a decade). Guidance Software’s EnCase is, Adam Kuhn said, the “gold standard” of data collection. Integrated with Recommind’s Axcelerate, it gives OpenText a comprehensive end to end eDiscovery offering. Continue reading

Posted in AI, Catalyst, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Guidance Software, OpenText, Predictive Coding, Recommind | Leave a comment

Formal launch of the ILTA Litigation Support and Data Exchange Protocol on 30 April in London

ILTAI wrote in February about the work of the ILTA UK’s Special Interest Group to help lawyers devise and agree the “appropriate methodology” section of the new Disclosure Review Document. Its output is a best practice data exchange protocol

The data exchange protocol can be found here.

The official launch of the protocol, sponsored by Nuix, will take place on Tuesday, 30 April at RPC’s London office, starting at 5:30pm. There is more information and a registration form here. Continue reading

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RTFT – Read the Flipping Title. 51U not 31U

I have just published an article whose heading was (or was meant to be) UTB v Sheffield United – interpreting PD51U in a way that makes it work.

As I was about to publish it, I half saw a mention of “PD31B”. That would be an unsurprising slip, since the Disclosure rules have been in Part 31 of the Civil Procedure Rules since 1999. My motto RTFR (Read the F*** Rules) is accompanied by another, RRTBBPUTBPI (Re-Read the Bloody Blog Post Umpteen Times Before Publishing It) and, alerted to the possibility of error, I duly re-read it umpteen times.

What I did not re-read, it seems, was the title, and it was there that PD51U had become PD31U. That meant that the url contained the error and, worse, that those who get email notification of my posts will have the uncorrected version on their emails.

I have corrected the title and replaced the tweets and LinkedIn posts. I decided against amending the url, because all the emails would then point to the wrong place.

My thanks, as so often, to the observant Jonathan Maas, who sent me a spluttering email entitled PD31u??????


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

UTB v Sheffield United – interpreting PD51U in a way that makes it work

UTB LLC v Sheffield United Ltd & Ors [2019] EWHC 914 (Ch) (09 April 2019) has caught attention mainly for the observation by Sir Geoffrey Vos that the White Book is wrong on one point in relation to the coming into force of the disclosure pilot.

There are helpful observations also in relation to the thought needed in relation to extended disclosure under PD51U, and to the principles on which privilege can be claimed.

Lastly, there are serious strictures aimed at parties and lawyers who “permit their mistrust of their opponents to become the driving force behind the litigation”. Court proceedings, the judge said, are not “a stage for a grudge match”.


It came as a surprise to many that the disclosure pilot in the new PD51U took effect on 1 January 2019 in relation to all relevant applications thereafter, whatever the date of issue. This meant, for example, that those preparing during December for an application in January had to take account of the more onerous provisions of PD51U, including the obligations to discuss and agree the disclosure model to be used, along with the consequential matters relevant to the chosen model. Continue reading

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

Interview: JR Jenkins of Nuix on the success of the integration between Nuix and Ringtail

I have known JR Jenkins, now at Nuix with the rest of Ringtail, for many years. We have had long discussions over that time once or twice a year, talking not only about Ringtail but also about the developments in the market in which Ringtail has been a major player for so long. Now he has moved from FTI to Nuix, and our discussion was my first opportunity to catch up with developments in the (then) five months since the acquisition.

JR Jenkins emphasised that Nuix and FTI had had a working relationship for many years before the acquisition. To a great extent, developments since then have been business as usual, and we have seen versions 9.4 and 9.8 of Ringtail with no interruption in development. This, JR Jenkins said, is not just because of the pre-existing technical and business relationship but because the Nuix leadership was emphatic that Ringtail development should continue as before under its new banner. Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, FTI Consulting, FTI Technology, Nuix, RingTail | Tagged | Leave a comment

Interview: Ashley Legel of NightOwl Discovery on the interaction between law, business and technology

NightOwlAt Legaltech in New York, I interviewed Ashley Legel, Enterprise Account Executive at NightOwl Discovery. Our subject was changes in the way law, business and technology interact and, sometimes, pull in different directions. I was interested to hear what changes Ashley Legel was seeing in the relationship between organisations, lawyers and external providers of services.

Ashley Legel said that internal automation represented both a challenge and an opportunity for organisations. They were, she said, going to have to learn how to use it and to reconcile the sometimes conflicting requirements of the business and its lawyers. Continue reading

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Fish in a barrel – evidence on social media sends claimant to prison

Last week saw yet another case where evidence on social media contradicted a claim made by a party to litigation. You have to wonder when people will catch on to the public nature of such posts and their implications when they conflict with other evidence.

The story appears in this article from the Telegraph and this more detailed one from Metro. The claimant, Lesley Elder, had indeed suffered injury as a result of unnecessary surgery, and the NHS trust admitted liability. The argument was about quantum. The woman claimed £2.5 million, alleging that she suffered from constant pain and that she was unable to work, travel, or do routine tasks without help; the court awarded her £120,000.

Elder’s claim to a much larger sum was undermined in part by old-fashioned surveillance, which showed that she went shopping and walked her dog without a stick. The main evidence against her (or, at least, the part which won most attention) was that social media photographs showed that she had “fully participated” in her daughter’s hen party in Ibiza, a party she said she had been unable to attend. Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Evidence, Social Media | 1 Comment

Consilio survey: increasing corporate investment in detecting bad behaviour

ConsilioConsilio’s business was founded on electronic discovery, the (usually retrospective) collection, analysis and production of documents and data required for litigation or for regulatory investigations.

Discovery remains important, of course, but it has become increasingly important also to identify behaviour which is likely to lead to litigation or regulatory intervention, is likely to generate poor publicity, or is in some way contrary to the policies and ethos of an organisation.

This is usually thought of as something with a financial motive involving, perhaps, insider trading or bribery. Increasingly, organisations are fearful of a wider range of activities such as discrimination and sexual harassment. The #MeToo movement generates much the same reaction as the FCPA or the UK Bribery Act. Continue reading

Posted in Consilio, Discovery, eDisclosure, eDiscovery, Electronic disclosure | Tagged | Leave a comment

Interview: Matthew Geaghan of Nuix on using total data intelligence for compliance and HR purposes

I have had several conversations over the years with Matthew Geaghan of Nuix about the cross-over between eDiscovery tools and skills and other areas beyond eDiscovery. I interviewed him again at Legaltech in New York and asked him where we were going with these developments.

Matthew Geaghan said that there are many overlaps between discovery and forensics, information governance and security. Nuix delivers large indexed repositories of data – “data intelligence lakes” – perhaps for discovery purposes. News spreads round the organisation of the capacity to search these large pools of data, and Nuix gets calls from compliance departments of clients; they have heard that all the company’s data is searchable and want that ability for their own purposes – for proactive identification of potential problems not just reacting to them. Continue reading

Posted in Data visualisation, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Nuix, RingTail, Structured data | Tagged | Leave a comment

Interview: Paul Mankoo of Inventus – Why Inventus? We’re nice people

I recently published an interview with Paul Mankoo, CEO of Inventus, in which he talked about the race to the top for talent – how a company’s people are a differentiator between it and its rivals, and specifically in the context of discovery and related services.

In this interview, Paul Mankoo expands on this subject, in response to my question “What is the first thing you want people to know about Inventus?”

Paul Mankoo’s answer was about the “Why?” of a business. When Inventus recruits people, or when it discusses its business internally, the discussion is about the essence of Inventus’s business – what are they in business to do? The answer is to deliver legal services more efficiently. Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Inventus | Tagged | Leave a comment

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 Australia.

Matt Lan said that there had been real uptake of analytics in the last 12 to 18 months. The clients expect their providers to engage with analytics to help them with volumes of data for discovery and related purposes. They appreciate, he said, that you can’t just “throw bodies at the problem”. Continue reading

Posted in Analytics, Discovery, eDiscovery, Electronic disclosure, Relativity, Relativity Fest, Technology Assisted Review | Leave a comment

Previewing the Nuix 2019 Insider Conference in London

As I have reported earlier, the 2019 Nuix Insider Conference takes place at County Hall, Westminster Bridge in London, on 4 April. There is also a Ringtail Nuix User Group meeting and a Partner Summit on 3 April.

Jonathan Rees, CEO of Nuix EMEA, has recorded a preview of all these events, giving an idea of what to expect. Continue reading

Posted in Analytics, Cyber security, Data Security, Digital investigations, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Nuix, Nuix Insider Conference | Tagged | Leave a comment

Interview: James Neath on Morae Global’s eDiscovery consulting practice and its use of RelativityOne

At Relativity Fest, I interviewed James Neath, president of the Information Management and Discovery market team at Morae Global. Morae Global has been using Relativity for a long time – Relativity is its platform of choice and it has many Relativity experts. It is proud to have been the first RelativityOne partner.

Morae Global is a legal management consulting business whose primary customers are corporate general counsel. It provides solutions to GCs wanting to transform or organise their departments. Among many other things, Morae Global covers information management, including (but not limited to) eDiscovery services. It has a large and expanding consulting business on the left side of the EDRM, giving advice on information governance and records management, and generally helping GCs take control of eDiscovery spending. Continue reading

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Information Governance begins at home

Stripped of its refinements, information governance is the management of information, including the policies and governance rules which dictate what is kept and how it is stored and tagged, and what is destroyed. The aim is to be able to find what you need without having to plough through everything you have ever created or received.

It would be fair to say that my late mother’s approach to domestic IG was to keep everything. Where an organisation would buy another server, my ma would get another piece of furniture to store her papers in, moving existing furniture along the wall to make room for the new shelves or cabinet. The council tax demands for 2007, and all the self-exculpatory waste paper which councils send out with their demands, lie side by side with potentially important documents about planning permissions. Grocery receipts share a box with documents which ought to be kept. The shredder has run hot, but I can’t just drop whole files into it for fear of losing something of value or interest.

I am in no position to criticise her for this, nor do I. I have boxes of paper, much of which was pretty dull when I filed it 20 or 30 years ago. I have vast stores of scanned images – all carefully indexed but nevertheless needing more than bulk deletion. Most of my 21 terabytes of storage consists of photographs and work videos and their backups, but the hard part is the fraction of that volume which represents the equivalent of paper – emails, Word documents, spreadsheets, presentations – the stuff of any discovery exercise. Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Information Governance, Information retention | Leave a comment

Ricoh and Venio Systems webinar on 19 March: how self-service is redefining eDiscovery

On Tuesday 19 March, Ricoh and Venio Systems are presenting a joint webinar called How self-service is redefining eDiscovery.

The subject is the value which the VenioOne OnDemand self-service interface has brought to the Ricoh team, and the major benefit it has brought to their clients.

The speakers are David Greetham of Ricoh and Chris Jurkiewicz of Venio Systems. There is more information and a registration form here.


Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Ricoh, Ricoh eDiscovery, Ricoh USA | Tagged , , | Leave a comment

A brief hiatus….

Last week was meant to be one of high output. Most of the videos from earlier events are completed and published, and my son Will is filling my Inbox with drafts of the Legaltech videos. There are pending events to promote (like the Nuix one which I have just written about) and a new disclosure judgment in England and Wales (Serco v MoD, which I have also just written about).

One interruption last week was a scheduled one – to hospital going under anaesthetic so that a camera could be winched down my throat (all clear, thank you). The open road to a publication stream lay before me.

That night, however, my mother died down in Suffolk. This was not truly unexpected – she was 89, and we were told she was dying last June, so she had a pretty good run after that. I mentioned this briefly on Twitter and was quite overwhelmed with the reaction, from people I actually know, people I know only on Twitter, and people I don’t know at all. It was an uplifting experience. Continue reading

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

A broad agenda at the Nuix Insider Conference in London on 4 April

The Nuix Insider Conference is a one-day event in London covering all aspects of working with data, including forensic investigations, eDiscovery, incident response, and governance. This year it takes place on 4 April at County Hall by Westminster Bridge.

The aim, in Nuix’s words, is to show how you can achieve ‘Total Data Intelligence’.

The agenda supports that ambition with a broad mixture of subjects. One of the points I made in my enthusiastic review of last year’s Nuix Insider Conference was that it is designed to encourage conversation – “talking to people with the problems and with the solutions” as I put it. Continue reading

Posted in Cyber security, Data Security, Defensible deletion, Digital investigations, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Nuix, Nuix Insider Conference | Leave a comment

The MoD on the disclosure naughty step again: indemnity costs where disclosure conduct falls outside the norm

The UK’s Ministry of Defence has, unfortunately for it, become the reverse poster child for disclosure by UK government departments. Its most recent reverse comes in a judgment by Mr Justice Fraser in Serco Ltd v Secretary of State for Defence [2019] EWHC 515 (TCC) (28 February 2019).

My thanks to Litigation Futures for spotting this and for its helpful summary.

I have more sympathy for the MoD over the 2010 Al-Sweady judgment than I did when I first wrote about it (see Al-Sweady v Secretary of State for Defence: blame for e-Disclosure failures gets personal – and public.

This is partly because of what we now know about the origin of those proceedings, and partly because of other factors, including lack of investment in IT systems, the nature of military operations, and the need for military secrecy. The judgment’s continuing value as a source of instruction lies in its lessons about the importance of explaining properly and timeously what the problems are, and for the fact that a named army officer was criticised personally for his work by the Court of Appeal. I wrote this, quoting the Court of Appeal:

Accordingly, if [insert your own name here] continues to be put forward as a principal or even a significant witness in judicial review proceedings or if he is in any way responsible for disclosure, it is our view that any court seized of those proceedings should approach his evidence with the greatest caution.

The words in brackets which stand substitute for the officer’s actual name are mine. I added that “I would work quite hard to ensure that the name in that sentence was not mine”. Continue reading

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

Interview: Roland von Borstel of Ricoh on the increasing take-up of technology-assisted review

Roland von Borstel is Director, Discovery Solutions, at Ricoh in Canada. I spoke to him at Relativity Fest in Chicago and asked him about the take-up of discovery analytics in Canada.

Roland von Borstel said that Canada is embracing analytics. Analytics is helping to deal with increasing volumes, making sense out of documents, and putting them into context with other documents. The clients really like it. Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Ricoh, Ricoh eDiscovery, Ricoh USA | Tagged | Leave a comment

Interview: Paul Mankoo of Inventus – the race to the top for talent

While in New York for Legaltech, I interviewed Paul Mankoo, CEO of Inventus, on a range of eDiscovery subjects. I first met Paul Mankoo about 20 years ago, and his present position as CEO of a global eDiscovery company gives him a range and depth of experience which I was keen to tap.

The resulting interview has been broken into a series of short snippets, each on a discrete subject. The broad question in this one was about changes in the industry. Paul Mankoo’s answer was not, as you might expect, about new technology, but about people as a differentiator between providers.

Continue reading

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Disclosure difficulties in UK criminal cases – especially mobile phone evidence

Two articles in Counsel Magazine cover the growing concerns about disclosure in criminal proceedings. They emphasise the pressures, mainly on defendants but also on the Crown Prosecution Service and the police, caused by increasing volumes of data, by the technical complexity of multiple data types and sources, and by the lack of resources available to manage them.

The first of these articles is called R v E and the great disclosure debate – Measured working guide in an imperfect world, and is by senior defence barrister Jerry Hayes. He was the prosecutor who brought to an end the 2018 trial of Liam Allen because of multiple disclosure failures. His focus is on the guidance given by the Court of Appeal in R v E [2018] EWCA Crim 2426 which, in addition to the helpful practical guidance which it gives, is:

…a useful talisman against that new breed of young, aggressive, careerist judges who are obsessed with the minutiae of process, clock watching and just want ‘to get on with it’, who are slithering onto the circuit bench. Continue reading

Posted in Criminal proceedings, Discovery, eDisclosure, eDiscovery, Electronic disclosure | Leave a comment

eDiscovery training at the White House from ACEDS, Ricoh and FTI

Behind the headlines and the high politics, the White House is a government department whose Executive Office must deal with information governance, records management and IT like any other department.

ACEDS (the Association of Certified eDiscovery Specialists) recently took a team into the White House to deliver an on-site training session to 26 employees responsible for these things.

Mary Mack, Executive Director of ACEDS, was joined by Shannon Bales of FTI Consulting, David Greetham of Ricoh USA, and ACEDS VP of engagement Kaylee Walstad. Continue reading

Posted in ACEDS, Discovery, eDiscovery, FTI Consulting, FTI Technology, Ricoh eDiscovery, Ricoh USA | Tagged , , , | Leave a comment

DLA Piper – Data Protection Laws of the World 2019

Several years have passed since DLA Piper first launched its comprehensive handbook reviewing data protection laws of the world. The 2019 edition has now been published.

It came to my attention thanks to a LinkedIn post from former US Magistrate Judge Andrew Peck who, freed from the proper restraints of his judicial position, and now a senior counsel at DLA Piper, has turned out to be an adept user of LinkedIn, and the source of much good information.

DLA Piper’s blog post about the Data Protection Handbook emphasises that 2018 was a significant year for privacy and data protection laws; the subject will, they say, “continue to be one of the most dynamic and fast-developing areas over the course of the next year.”

The handbook opens with a helpful map showing countries as having heavy, robust, moderate or limited regulation and enforcement in this area, and allowing comparison between two jurisdictions.

Continue reading

Posted in Data privacy, Data Protection, Discovery, eDiscovery | Tagged | Leave a comment

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 partnership but about the take-up of analytics, and specifically of technology-assisted review, in Australia. Grant Whiteley said that KordaMentha had used technology-assisted review for years. For a long time, it was hard to get clients interested, but now they are expecting it and the costs savings which it brings. They are also asking about yet more advanced technology, including artificial intelligence. Continue reading

Posted in Analytics, Artificial Intelligence, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Relativity, Technology Assisted Review | Tagged , | Leave a comment

Interview: Thomas Sely of FTI Consulting on the growing need for FTI’s eDiscovery services in France

Thomas Sely is Senior Director – eDiscovery and Forensic Technologies at FTI Consulting in Paris. I interviewed him in London recently, interested to know more about the demand for forensic technology in France, where FTI has been expanding its technology practice.

Thomas Sely said that the General Data Protection Regulation (GDPR) and the uncertainty around Brexit had made it important for FTI to have a team in continental Europe. This is not new territory for FTI – it set up an office 10 years ago in Paris, and was enthusiastic about expanding its investigation and litigation support team. Continue reading

Posted in Cross-border eDiscovery, Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, FTI Consulting, FTI Technology | Tagged , | Leave a comment

Parallels between the informed patient and the informed client

An article called The informed patient by Dr Helen Salisbury in the British Medical Journal interested me not merely because I am an occasional patient at Dr Salisbury’s practice, but because what she says in the article is similar to a change in ideas in the relationship between professional advisers (lawyers and eDiscovery providers in my world) and their clients.

The central part of Dr Salisbury’s article is about patients who feel apologetic – guilty, even – about having researched their symptoms before approaching the doctor:

the apology I find the most surprising is when patients “admit” to having informed themselves about their symptoms or illness. “I’m sorry doctor, I know I shouldn’t . . .” they start, apologising for what’s surely the most obvious response to an unfamiliar symptom—looking it up online

Patients seem to fear being “disrespectful” at apparently “casting aspersions” at the doctor’s expertise. They are expecting this reaction:

Dr Salisbury says that what she is looking for is “a meeting between equals, working together to solve a problem”. Continue reading

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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 at Relativity Fest, where he was one of the participants in the judicial panel.

Andrew Peck’s role now is mainly advising lawyers at DLA Piper on discovery matters (not just “eDiscovery”, as he carefully points out). He advises also on litigation strategy, and on what will or won’t be persuasive to a judge. He is also there to do mediation, arbitration and, if a judge so decides, to act as a special master, especially on discovery matters. He is, I was pleased to hear, to continue on the speaker circuit which he has graced eloquently for so long.

Andrew Peck said that it was good to continue the work of Browning Marean – the “Pied Piper for discovery” as he called him. And, one might add, for DLA Piper, whose flag Browning flew around the world. Continue reading

Posted in Data privacy, Data Protection, Discovery, eDiscovery, GDPR, Relativity, Relativity Fest, Technology Assisted Review | Tagged , | Leave a comment

Interview: Danny Chan of Ricoh on a case study involving Relativity Analytics

At Relativity Fest in Chicago, I interviewed Danny Chan of Ricoh to ask him about a matter he had worked on involving the use of Relativity Analytics.

Danny Chan said that the client was already out of time in dealing with vast volumes of data. Four lawyers, including a partner, were working on the review but it was clear that they could not possibly get through the work quickly enough. Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Relativity, Ricoh, Ricoh USA | Tagged | Leave a comment

This is a test – change of URL and request to email recipients

For 12 years or so, this blog has had the address We have now changed it to

This is neater and ties in with the name I use for email, Twitter and Skype. The blog itself has stayed in the same place, with redirects handling old links.

We have had a report from one organisation to the effect that clicking on links in the  email notifications can result in unattractive formatting. That link was necessarily made from an old email notification (because there have been no new ones since the change of URL yesterday) and we don’t know whether the formatting results from the redirect, from that user’s browser, or from some other cause.

The only way to send out new email notifications is to publish a blog post, and this is it. Can I please ask those who receive notification emails to click on the link in the email and let me know whether you see the blog post and, if so, if it is properly formatted.

It would be helpful to have both positive and negative feedback, together with the identity of the browser used.

It would be extra helpful, if you do get a failure, if you were to go on to paste the URL directly into the browser and see if that works properly. This will help narrow the field for enquiry.

Many thanks for your help.


Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure | 2 Comments

Privacy panels, video venues and more at my 13th Legaltech

I am back from my 13th Legaltech in New York, and facing the annual challenge of trying to summarise it. I do not deliberately wait to see the summaries of others before writing mine, but some people are so fast off the blocks that their reports are out before I have taken my boots off.

The indefatigable Doug Austin of CloudNine has collected the reactions of others in two posts, here and here. His invitation to contribute to it and his rigorous deadline had passed before my jetlag had worn off. A thoughtful post by Bob Ambrogi, and a reply by David Horrigan of Relativity, raise interesting questions about (I paraphrase) an event where the elite address the elite, leaving 90% of lawyers (and, as Bob Ambrogi emphasises, the clients) unheard. More on that below.

Let me start by saying that I love Legaltech. This is not for the high quality of its panels (I went only to the two which I moderated). I do not go for the demonstrations offered by providers of software and services, though that is a major attraction for potential buyers, who can see everything in a few busy days. I loathe the noisy parties in dark venues which others seem to appreciate, preferring quiet dinners with interesting people (thank you Ricoh and ACEDS). I go because it is the greatest concentration in the year of the people who make eDiscovery tick; I go for the panels which people kindly invite me to moderate, always with top-class panel members; I go to record video interviews with interesting people; and, more than anything, I go to bump into people, some of whom I see only once a year. Continue reading

Posted in Data privacy, Discovery, eDisclosure, eDiscovery, Electronic disclosure, GDPR | Leave a comment

Data exchange protocol from the UK ILTA Litigation Support Special Interest Group

ILTAThe disclosure pilot set out in Practice Direction 51U, now in force in many UK civil courts, requires completion of a Disclosure Review Document. Among other things, the DRD requires parties to agree how they will transfer information between them in the disclosure process.

The matters to be agreed are set out in Section 3 of Appendix 2 to the Practice Direction, and specifically in paragraphs 6 (7) – (11). Those without the relevant skills will observe the footnote to the “Appropriate methodology” section:

The onus is on the parties to ensure they engage appropriate IT forensic expertise to assist with this process if they or their legal advisers do not have such expertise in house.

A working party from the UK ILTA Litigation Support Special Interest Group has spent the past few months working with UK eDisclosure suppliers to draft a best practice protocol, along with guidelines for its use. You can see the results, along with the suppliers and law firms associated with this initiative, here. Continue reading

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

Interview: Joy Murao of Practice Aligned Resources, winner of Relativity’s Stellar Women in eDiscovery Award

At Relativity Fest in Chicago, Relativity gave a series of awards to individuals for their contribution to eDiscovery and its related subjects. One of those awards was the Relativity Stellar Woman in eDiscovery award. The winner was Joy Murao of Practice Online Resources. I interviewed her shortly after the awards ceremony.

Practice Aligned Resources, Joy Murao’s own company, offers eDiscovery litigation support solutions, including consulting and advisory services, case planning and implementation, along with vendor and software selection, staffing and training. Joy Murao set up Practice Aligned Resources after a long career building and leading teams, mainly in law firms, supporting litigators and handling litigation matters around the world. I asked her why the award mattered to her. Continue reading

Posted in Discovery, eDiscovery, Litigation Support, Relativity | Tagged | Leave a comment

Sedona Conference cross-border and data protection programme in Hong Kong in June 2019

The 11th Annual Sedona Conference International Programme on cross-border transfers and data protection laws will take place in Hong Kong between Monday 17 June and Thursday 22 June, with the main programme on Tuesday and Wednesday.

In addition to the main program, there will be half-day meetings of Working Group 6 and Working Group 11, and a meeting of corporate counsel.

The Sedona Conference will shortly be inviting applications to the programme, as well as publishing more information about it.

The announcement is here:

Posted in Cross-border eDiscovery, Data Protection, Discovery | Leave a comment

Interview: Chris Hatfield of FTI Consulting on changing trends in forensic data collections

Christopher Hatfield is an expert in digital forensics, cyber and eDiscovery at FTI Consulting in London. I spoke to him recently about changing trends in forensic data collections.


Chris Hatfield said that Google and Microsoft now have discovery interfaces and clients have skilled staff who are able to operate these, and therefore make more use of these internal resources. Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Forensic data collections, FTI Consulting, FTI Technology | Tagged | Leave a comment

The interviewer interviewed: me on the use of video to promote businesses and ideas

Well, this is a bit different. I do a lot of video interviews. I am usually the one quietly asking polite questions while someone else sits in the limelight talking about their business or about some subject of interest. Now Project Counsel and Greg Bufithis have turned the tables and interviewed me.

The blog post published this week comes under the heading “The ones to watch”: a video chat with Chris Dale. It is the third in a series of interviews (the others were Ron Friedmann and Rob Robinson) in which people are asked about what we do and what path we followed to get there.

Much of their video, consistent with the theme of Greg Bufithis’s series, is about how I first got into eDiscovery and into commentary on discovery and its satellite subjects. Much of it, however, is about the value of video as a means of spreading ideas and promoting products, services, ideas and people. Continue reading

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Interview: Tessa Jacob of Husch Blackwell, Relativity Attorney Tech Evangelist of the Year

At Relativity’s big annual event, Relativity Fest, Relativity gave awards to various people whose contribution is making a difference to the take-up and use of technology in law. The award for Attorney Tech Evangelist of the Year went to Tessa Jacob, attorney and Discovery Solutions Leader at Husch Blackwell. I interviewed her after the award ceremony.

Continue reading

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Interview: Nicola Harrison of Nuix on the benefits of Nuix’s Ringtail acquisition plus forthcoming Nuix webinars

The video interview has become my preferred form of output, giving the opportunity to learn at first hand from people engaged in different parts of the eDiscovery world. We do a lot of them, and it is great when, as here, someone else does the technical and production stuff.

While I was at the Nuix User Exchange at Huntington Beach, Nuix got me to interview a range of people. One of them was advisory account manager Nicola Harrison who had just joined Nuix from EY – Nuix’s acquisition of Ringtail took place a few days before the event. It was a good opportunity to ask her about the benefits for clients of the combination of Nuix and Ringtail.

Continue reading

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Interview: Xavier Diokno of Consilio talks about helping clients with the use of analytics in eDiscovery

ConsilioIt 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, he explains some of the difficulties which stand in the way of a clear understanding of analytics, and explains how Consilio’s analytics team can help.


There is a growing awareness of the purposes and value of analytical tools which support and extend the lawyer input into document review.

Consilio increasingly meets lawyers who have been to a seminar or read an article and develop a fear of falling behind their rivals. Some have ideas of their own as to how analytics can improve their practice; some have merely heard some buzzwords and want to know what they mean; some are extremely well-educated on the subject. They come to Consilio looking for advice. Continue reading

Posted in Analytics, Consilio, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Predictive Coding, Technology Assisted Review | Tagged | Leave a comment

Brunch in Central Park on Sunday 27th January before Legaltech

For many years, the late Nigel Murray organised a brunch on the Sunday before Legaltech in New York.

ConsilioNuix and APT Search are continuing the tradition. The brunch will take place at the Tavern on the Green (Nigel Murray’s usual venue) on Sunday 27 January from 11:00am to 13:00pm.

To apply for a place, send an email to I understand that there are still some spaces left.


Posted in Consilio, Discovery, eDisclosure, eDiscovery, Nuix | Leave a comment

Back from holiday and ready for Legaltech

You may have noticed that my blog has fallen more or less silent since before Christmas. It seems rather odd, perhaps, particularly to American eyes, that I take my main annual holiday immediately after the inordinately long Christmas and New Year break. I never publish much over the Christmas period anyway, partly because there are few people around to read the posts, and partly out of deference to UK readers who quite like to forget about work things at that time of year.

Instead, we worked on preparing videos for production – as I have mentioned before, I recorded many interviews in the autumn, and the actual recording is the trivial bit – editing them, seeking approvals, writing the blog posts, and doing the video tagging and credits takes very much longer. We have a stock in hand to publish over the next few weeks.

January is actually quite a good time to go away. The eDiscovery / eDisclosure providers who are the source of most of my material are hunkered down preparing for Legaltech, and there are few new initiatives to write about. From a personal point of view, it is a relatively cheap time to rent houses by the sea, and our children – the two who are self-employed and the one who is constrained by university terms – are more likely to be able to join us. I keep up with the emails but lay off the writing in an attempt to reboot before the rigours of Legaltech in New York at the end of January. Continue reading

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Interview: Paul Rome of NightOwl Discovery on keeping clients updated about their matters

NightOwlPaul Rome is Director of Technology Development at NightOwl Discovery. I spoke to him at Relativity Fest in Chicago about NightOwl’s development of applications designed to keep corporate clients informed about the progress of their matters.


Paul Rome said that NightOwl is increasing its ability to enable clients to review activity, not just for single matters but across all their matters in parallel. There are a lot of stages from ingestion through to billing, and corporate clients want an overview of what is going on, what stages have been reached and, of course, what it is costing. Continue reading

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Interview: Bill Hamilton of University of Florida Levin College of Law on links with China

At Relativity Fest, I interviewed Bill Hamilton of the University of Florida Levin College of Law and heard from him about a new relationship between his university and Southeast University College School of Law in China. Bill Hamilton was just back from teaching eDiscovery on a special course at Nanjing in China.

The relationship between the two universities’ legal departments goes wider than eDiscovery following discussions between them about common communities of interest. It began as conversations between university deans. Chinese universities have a strong interest in engineering and in artificial intelligence. That led to talks about eDiscovery and thence to the introduction of Bill Hamilton. Continue reading

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Interview: Brian Stuart of FTI Consulting on the opportunities to add value and new services with Relativity

It is noticeable that eDiscovery and the subjects which are grouped around it are becoming more interesting to those who work in it. I don’t mean merely that there is more work around, but that the participants are finding it more interesting and enjoyable as it becomes more diverse and more challenging.

I have done a lot of interviews recently (about 50 since September) and the roster of interview subjects has included some younger people who might be expected to find everything interesting. Brian Stuart of FTI Consulting is one of the elder statesmen of eDiscovery, and yet the excitement he gets from his work appears palpably from this interview.

My interview with Brian Stuart took place at Relativity Fest in Chicago, shortly after Brian joined FTI Consulting in London. As he says at the beginning of the interview, he has had various roles over the years, in law firms and latterly at EY, and has worked with Relativity for more than 11 years. Continue reading

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Webinar: OpenText corporate legal ops survey with Ari Kaplan

Ari Kaplan’s reputation lies principally in the surveys which he conducts among corporate legal professionals. These are not tick-box affairs but extensive interviews from which comprehensive results are extracted, with a real value to those interested in the business of corporate legal affairs.

This is the third year in which OpenText has joined forces with Ari Kaplan to undertake a survey which they summarise thus:

….ediscovery, information governance and technology questions. What metrics are you tracking? How is your caseload changing? What new security precautions are you taking? How have your responsibilities changed? Are robots taking your job?

OpenText and ILTA have produced a webinar called Third Annual OpenText Corporate Legal Ops Survey Results which covers the survey and its results. The speakers are: Continue reading

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Relativity webinar today: 2018 Data Discovery Legal Year in Review

Relativity is presenting a webinar today, 13 December, with the title 2018 Data Discovery Legal Year in Review.

2018 has been an interesting year. The webinar will cover major cases like United States v. Microsoft and Carpenter v. United States. statutory factors like the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA), and important decisions in e-discovery law.

The speakers are U.S. Magistrate Judge Patricia D. Barksdale and retired U.S. Magistrate Judge James Francis IV. The moderator is David Horrigan of Relativity. Continue reading

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Interviews: Vince Neicho of Integreon on outsourcing document review

Earlier this year I interviewed Vince Neicho, old friend and companion in disclosure rules development, long time litigation support manager at Allen & Overy, and now VP – Legal Services at Integreon in London.

Quite often, the interviews we do are grabbed during a break at an event. That encourages succinctness, but it good sometimes to be able to cover subjects in more depth. Vince Neicho set aside a day to come and see me, allowing us the luxury of covering a number of related subjects in one session.

The result was three separate interviews published in August and September which were good enough to warrant repeating. Our broad subject was Integreon’s specialist field of outsourced document review, in which technology, people and project management are brought together to reduce the time and cost of review. As the interviews make clear, this is not just for litigation or regulatory disclosure / discovery, and not just for the very big players. Continue reading

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Drone drugs gang film themselves and deliver the results to the police

I wrote recently about the recovery of data from drones, using an example found on the AccessData website.

AccessDataThat article, as you would expect from a leading forensics company, focused on the use of AccessData’s technology to recover and analyse data recovered from a drone. One of the examples given in the article was the use of drones to deliver drugs and other contraband to prisons.

Sometimes, however, you need nothing so sophisticated. In a case reported in The Scotsman on 3 October, a Scottish gang was imprisoned on the strength of their own drone’s film of them packaging drugs. Among other things, the film showed distinctive tattoos, a house number and the gang’s car.

Unfortunately for them, the drone crashed and the police recovered the data from its camera.

Expect to see examples of Internet of Things devices, as well as mobile data, being used to adduce, confirm or contradict evidence, in civil and employment cases as well as criminal ones.


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Significant locations in IOS and the spying potential of domestic smart meters

US lawyer and forensic investigator Craig Ball turns up in these pages quite often because he and I have a common interest in the easy availability of evidence from the devices which most of us carry and which, with or without our knowledge, record every step of our lives. I interviewed Craig Ball recently and wrote up the interview here.

In his most recent article on the subject, Loving Location Histories, Craig Ball takes up this “every step of our lives” point literally, explaining in detail how an iPhone and Google Maps allow the recording of our every move.

I was not aware of the “significant locations” feature of IOS location services and, as it turns out, mine is turned off (although higher level location services are on). My life is sadly devoid of secrets and I tweet about it anyway; the advertising shysters like Facebook and Google know all that there is to know about me and, judging by the irrelevance of the advertisements thrown at me, their expensively crap algorithms could do with some more help to send me things I might actually be interested in. Others may have good reason to be worried about what their phone is storing about them. Continue reading

Posted in Data privacy, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Evidence, Forensic data collections, Internet of Things | Tagged | Leave a comment

Interview: Jordan Domash of Relativity on Relativity Trace

I wrote recently about Relativity Trace, an application built on Relativity whose purpose is to help organisations facing (as who does not) compliance and security risks.

At Relativity Fest in Chicago, I interviewed Jordan Domash who has been largely responsible for the development of Relativity Trace. Its purpose, he said, is to help large corporations like banks and pharmaceutical companies to set a watch for bribery, market abuse and similar internal issues, partly because they are obliged to by regulators, and partly because they need to know what is going on.

Relativity Trace began as a demonstration, shown to a few of Relativity’s partners and potential clients to see if it was of interest to them. It was indeed of interest, and Relativity built the application in conjunction with four of its partners. Continue reading

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UK ILTA eDisclosure Special Interest Group seeks feedback on draft data exchange protocol

This is a guest post, written by Andrew Haslam of the UK ILTA’s Special Interest Group for eDisclosure, seeking feedback on a draft data exchange protocol developed by UK ILTA. It seeks views by 19 January 2019.

ILTAThe overall objective of ILTA (the International Legal Technology Association) is to enable members to share knowledge and best practice on legal IT. One of the ways it achieves this is by setting up Special Interest Groups so that people with a similar interest can work together. Early in 2018, the UK ILTA’s Special Interest Group for eDisclosure wanted to identify the area where they could provide the most benefit for practitioners, whether they were ILTA members or not. It was decided that the place where the SIG could have most impact was at the point of data exchange.

There are a number of eDisclosure exchange protocols around; most law firms and third-party suppliers have their own variants, all of which are quite similar to each other. The SIG decided that they could consolidate the different versions of these protocols into a single ILTA version, with supporting guidance notes, to explain what the significance of the different options are, and provide a “best practice” approach to the process. Continue reading

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Consilio webinar on 6 December: Riskcovery: Early investigation and ECA insights

ConsilioConsilio is producing a webinar tomorrow, 6 December, in conjunction with DiscoverReady which it recently acquired (I wrote about that here).

The webinar is called Riskcovery: Early investigation and ECA insights. It is about effective investigations and compliance workflows with early, cost-effective identification of risk. Riskcovery is proprietary technology which uses advanced analytics to act as an early warning risk smoke detector, alerting those responsible for corporate governance with fact-based insight to proactively identify and respond to risk in advance of litigation. Continue reading

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Hardwicke on the Disclosure Pilot: time to get ready

The Disclosure Pilot takes effect in the Business and Property Courts of England and Wales from 1 January 2019. Michael Wheater and Charles Raffin of Hardwicke, the authors of Electronic Disclosure Law and Practice (which I reviewed in complimentary terms here) have published an article called The Disclosure Pilot: time to get ready,  picking out the salient points which require attention in time for the first case management conferences after 1 January. In practical terms (and their article, like their book, is very practical), this means getting ready for it now.

My understanding is that much assiduous work has gone into making sure that judges are ready to play their (much expanded) part in operating the rules. The final headline in the article Prepare yourselves: it is later than you think, is a salutary one.



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ACEDS webinar with Ricoh today: Activating Active Learning

There is a webinar today, 5 December, at 1:00pm to 2:00pm ET given by ACEDS in conjunction with Ricoh and with the title Activating Active Learning.

The speakers are Roland von Borstel, Danny Chan and Vincent Liu, all from Ricoh. The theme from these Relativity Certified Experts is how technology like Active Learning can bring more timely, cost-effective and streamlined document reviews.

There is more information and a link to the registration form here.


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Interview: Bryon Bratcher of Gravity Stack on the strategy and vision behind Gravity Stack

At Relativity Fest in Chicago, I interviewed Bryon Bratcher, Managing Director of Gravity Stack. The tagline on Gravity Stack’s website is “Delivering collective intelligence in law”; I knew there were connections with Reed Smith and with Relativity, but I knew little beyond that.

Bryon Bratcher said that Gravity Stack is a data company born out of Reed Smith. It is a solutions company that “builds things round data”. Reed Smith is its biggest, but not its only, customer. Continue reading

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Interview: Nina Bryant of FTI Consulting on privacy developments after the GDPR implementation date

I recently interviewed Nina Bryant of FTI Consulting to ask her what she was seeing six months after the implementation of the GDPR (the General Data Protection Regulation). It had been the cause of much nervous anticipation, and I was interested to hear how it was bedding down for FTI’s clients.

Nina Bryant said that despite the regulation now being in force, many organisations are still working their way along the roadmap to compliance. However, more mature organisations are progressing to asking how they can embed privacy at the heart of their business rather than merely treating it as an add-on. Continue reading

Posted in Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, FTI Consulting, FTI Technology, GDPR, Information retention | Leave a comment

Interview: Charlie Connor of Heretik on contract review and uncovering value in data beyond ediscovery

One of the most successful recent uses of technology is contract review software. At Relativity Fest I spoke to Charlie Connor of Heretik. Heretik makes contract review software based on Relativity, a good example of eDiscovery skills and tools finding new roles beyond conventional eDiscovery.

Continue reading

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Interview: Karyn Harty of McCann FitzGerald on the positive aspects of the GDPR and the use of eDiscovery tools in compliance

Karyn Harty is a partner at McCann FitzGerald in Dublin. I spoke to her at Relativity Fest in Chicago about the benefits of the GDPR, about the perception of privacy beyond the EU, and about the extension of eDiscovery skills and tools into other areas of legal practice.

Before it took effect, the perception of the GDPR was largely one of doom and gloom, with a focus on its burdens and specifically on fines. I asked Karyn Harty what it looked like now from an Irish perspective.

Continue reading

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Interview: Dr Donald Macfarlane of Hanzo talks about collecting dynamic web content

A wide range of developers and others bring their own skills and technology to the Relativity ecosystem in addition to Relativity’s free-standing use. Relativity is also good at giving me the opportunity to interview people from these organisations, giving me the chance to hear at first hand what they are doing.

This interview with Dr Donald Macfarlane of Hanzo was actually recorded in 2017. Although Hanzo has substantially enhanced its products since then, the core purposes and capabilities described in Don Macfarlane’s interview remain the same.

Hanzo’s primary function is the collection and review of dynamic data, that is, social, collaborative and web-based data of the kind which does not stand still in the way that paper and email do. The resulting data, and particularly conversation data, is generally intended to be ephemeral and is as far from the old idea of a record as you can get. The most usual sources are Facebook, Twitter, Confluence, and Slack as well as websites. Continue reading

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More examples of official acceptance of technology-assisted review

I occasionally put up examples where courts or regulators have given their blessing to the use of technology-assisted review. Two more have come to my attention. Neither involves litigation.

The first lies in an order of 17 October of the Canadian Competition Tribunal on an application in The Commissioner of Competition v Live Nation Entertainment, Inc et al. The Commissioner had made several complaints about the respondents’ search for documents. The respondents’ position is recorded thus:

[8] The Respondents have explained away the various deficiencies on the basis that they conducted searches in a more modern manner using computer assisted technology aided by a litigation support company – the technology assisted review (“TAR”). The result was the identification of 2.5 million documents which were then vetted through the TAR and lawyers trained in the TAR system and who trained the TAR system, and ultimately approximately 55,000 relevant documents were identified. All of this was accomplished in a relatively short period of time. Continue reading

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Interview: Craig Ball on how mobile data increases lawyers’ ability to uncover the truth

I wrote recently about an article by Craig Ball called Mobile to the Mainstream, part of Craig’s mission to make lawyers more aware of the prevalence and value of mobile data.

At Relativity Fest, I had the opportunity to interview him. Many people, I said, are negative about the mass of evidence which is now available to us, seeing it purely in terms of the work and expense involved in getting through it. By contrast, Craig Ball sees this as a virtue – the data is there, is retrievable and is usable, and it should be seen as an asset not a burden.

Continue reading

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Interview: Geoffrey Sherman of RVM Enterprises on RVM developments which add value to Relativity

RVM Enterprises has been a partner with Relativity for about 10 years, one of the longest-serving Relativity partners. At Relativity Fest, I spoke to Geoffrey Sherman, Chief Technology Officer of RVM, and asked him how RVM adds value to Relativity.

Geoffrey Sherman said that RVM has long been adding strategic solutions on top of Relativity, such as dashboards and work product re-use applications. Most recently, it had worked on how to show images and enable easy review of them.

The resulting application is called Snapshot. It arose, Geoffrey Sherman said, from the particular need of a client who had to comb through large amounts of images. Snapshot enables the identification of irrelevant images and facilitates a focus on what is actually relevant. Snapshot will, for example, allow the user to identify duplicates and allow them to be bulk-coded in one shot.

It is proving interesting to clients and RVM is considering making it a standard offering.


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Practical compliance with Relativity Trace

Five years or so it began to be obvious that eDiscovery tools and skills would be applied to wider purposes. There were several reasons for this.

The ability to handle ever-larger volumes of data and to present it usefully in graphical form was becoming too good to be used mainly for retrospective analysis of past documents. Vastly increased processing power in the cloud allowed activities hitherto ruled out by speed deficiencies. Privacy-related laws such as the GDPR required the identification of certain categories of data both proactively and in response to demands. Both cyber threats and compliance pressures made it necessary for organisations to bring forward the identification and analysis as close to real time as possible. The need to anticipate difficulties became more urgent and important than the historic need to trace historic activity. Taking all these things together, eDiscovery became just one of many reasons why it was necessary to be on top of the data. Continue reading

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AI and more at ILTA Insight in London on 14 November

ILTA, the International Legal Technology Association, is best known for its big annual event in the US. For many years, it has also put on a one-day event in London called ILTA Insight. That takes place this year on 14 November.

The themes this year include innovation and transformation, the use of technology to solve business problems, and security and risk relating to data governance.

Some of these subjects allow room for debate and difference of views. Many (I am one) dislike the word “innovation” anyway, but find it hard to think of a replacement. Artificial Intelligence is a term which arouses everything from high excitement to cool assessment (Alex Smith of Reed Smith tweeted this morning that “Most of it is data and stats”), while others (whether they use it in a broad or a narrow sense) see it as the future; I am pretty excited myself, while alert to the readiness of some to slap the AI label on almost anything. The word “blockchain” arouses derision, mainly from those who wouldn’t know blockchain from lavatory chain. As always, I don’t much care what you call these things as long as you a) go and have a look and b) keep your trap shut if you have made no attempt to understand them. Continue reading

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Interview: Sam Farley of FTI Consulting on the changing eDisclosure expectations of corporate clients

Sam Farley is a Senior Consultant at FTI Consulting in London. I went to see him to find out how corporate clients are approaching the use of electronic disclosure tools and skills.

The traditional model was that clients instructed lawyers in a discrete matter – a litigation case or a regulatory intervention, perhaps – and the lawyers then instructed consultants like FTI as necessary to deal with the management of electronic data.

That, Sam Farley says, is changing – it is not just litigation any more and the instructions are no longer coming only from lawyers. Organisations are gaining greater control over the process as a whole and coming to FTI for longer-term organisational and pre-emptive advice and not just for a specific case or matter. Continue reading

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The growing need for barristers to become data-aware

An article on the Legal Futures site is headed Barristers becoming as vulnerable to cyber attacks as solicitors. Its opening picks up a warning from the Bar Standards Board reporting that solicitors had already fallen victim to IT threats and cyber attacks and observing that chambers generally lack relevant resources and expertise.

The nature of lawyers’ work often involves the gathering of their clients’ “best” documents – litigation discovery documents, information about sensitive corporate transactions such as a proposed merger or acquisition, or information about the private affairs of personal clients (where the only difference between a celebrity and the rest of us is that the celebrity offers more motivation to the intruder).  The attack may not necessarily involve data at all – recently, large US firm Foley & Lardner reported an intrusion which seems to have been cryptojacking or something similar rather than the exfiltration of data (registration required to read the article). Continue reading

Posted in Cyber security, Data privacy, Data Security, Discovery, eDisclosure, eDiscovery, Electronic courts, Electronic disclosure, GDPR | Leave a comment

AccessData: retrieving data from drones

AccessDataAn article by Sam Holt on the AccessData website is headed Drone attacks. How can we fight back? Its context is the growing threat of drones being used for criminal purposes – the transport of drugs, sending material into prisons and unauthorised surveillance for example – with the potential for using them for terrorist purposes.

What seems eccentric one year has become the norm by the next, and the ability to extract drone data may become relevant beyond law enforcement and anti-terrorist groups. Breaches of privacy, damage to property, or personal injury caused by crashing drones are among the possible reasons why drones may become the subject of civil claims. Continue reading

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From Prague to Piccadilly Circus: drawing conclusions about a photograph without the help of metadata

This is a Friday afternoon post which, though it is relevant to discovery, is more about using observation and investigation to draw conclusions about photographs. Evidence does not always come in neat electronic packages or from the mouth of an unimpeachable witness.

The picture of Prague at left is taken from the article which made me think about the subject, which I discuss below. In that case, the ambition was to try and work out roughly when it was taken.

On that same theme, here is a picture of Piccadilly Circus and Shaftesbury Avenue in London, widely available via Google with the description “London 1930s”. I will come back to it at the end, after looking at the Prague article.

Continue reading

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Consilio’s search for differentiated solutions takes it to DiscoverReady

ConsilioA little over half a year has passed since Consilio acquired Advanced Discovery. Now it has acquired DiscoverReady, bringing its presence to more than 70 offices, review centres and data centres in 11 countries.

In the Consilio press release, Consilio CEO Andy Macdonald refers to Consilio’s “strategy to invest in differentiated solutions that result in a superior and consistent client experience.” Andy Macdonald is too shrewd an operator to use words like “differentiated solutions” without purpose, and I spoke to him to find out what he meant by that. What, I asked, did DiscoverReady brings to Consilio’s already large stable beyond more offices, employees and clients?

One differentiator goes right back to DiscoverReady’s foundation when it elected to focus on managed review from the beginning, and to do so only for corporate clients rather than law firms. It was, Andy Macdonald said, the first company to have a successful implementation of per-document pricing, creating workflows which would make that model work for them and for their clients. Its analytics were baked in from the beginning, aimed at speed, quality and accuracy, including the ability to limit the downside to itself by getting its numbers right. Continue reading

Posted in Consilio, DiscoverReady, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Managed Review | Tagged | Leave a comment