Summation of e-disclosure responsibilities

May 31, 2008

Wolters Kluwer, owners of CT Summation, invited me to speak on 20 May as part of their series of thought-leadership talks. The subject was e-Disclosure costs and responsibilities: a primer for in-house and external counsel. I had adopted the theme of responsibility as my central prediction for the year (see Predicting litigation responsibility for 2008), and I spoke briefly about it at ILTA Insight 2008. I was glad of the opportunity to expand on the theme. Read the rest of this entry »


Where were the lawyers at IQPC?

May 30, 2008

The potential audience for these musing ranges from large London firms with Terabytes of data for review down to much smaller firms with modest volumes and budgets to match. A report of a two-day, high-end conference in London will resonate more towards the higher end. Its gist, however, is that what the biggest firms and their clients are doing today, the next tier down will be expected to know about tomorrow. Read the rest of this entry »


It works, Judge, trust us

May 30, 2008

US Magistrate Judge the Honorable Andrew Peck here makes his third appearance in this blog in as many days, following his appearances at the IQPC Information Retention and E-Disclosure Management conference last week.

There is a note about his reputation as one who moves cases along at a blinding pace in my post Guidance on benefits of e-Disclosure and there is a report of his attitude to pleas about EU privacy laws in Whose discovery rules would you rather break?. He also had some useful observations about the conduct of discovery in US courts which, although different in so many ways from our own (right down to having apparently different meanings of the word “proportionality”), nevertheless have enough in common for judicial commentary to travel well – in both directions. Read the rest of this entry »


Whose discovery rules would you rather break?

May 30, 2008

Damned if you do, damned if you don’t is the dilemma which faces many who are responsible for document production simultaneously in more than one jurisdiction. The subject was covered in some of the sessions at IQPC’s Information Retention and E-Disclosure Management conference in London last week, most comprehensively in an interesting hypothetical situation run by Tracey Stretton of Kroll OnTrack and Tahir Khan of Addleshaw Goddard involving a complex set of international transactions, transatlantic implications, litigation and regulation all in one go.

I will not attempt a summary – just to mention it is enough to remind you that those multi-jurisdictional elements require a multi-dimensional approach, and not only in multi-million Dollar claims. Read the rest of this entry »


Limitations on document retention

May 29, 2008

There are certain apparent truisms which fall from the mouths of some of those involved in disclosure / discovery / document retention which it seems pointless to correct. They are not wrong, exactly, or are at least founded in something which is not wrong, but are summaries so concise as to conceal the complexities of the reality.

You must disclose all documents relevant to the matters in issue is the one which comes my way most often. Useful word, relevant, and actually quite difficult to avoid when describing in general terms what makes a document disclosable in UK litigation. What makes it wrong, despite its usefulness, is that it was a term of art in pre-CPR (that is, pre-1999) discovery (the actual words were relating to matters in question) and its use now obscures the fact that the present test does not merely use different words, but actually means something very much narrower than the old Peruvian Guano test (see Relevant is irrelevant for disclosure). Read the rest of this entry »


People the weakest link in data security

May 29, 2008

One of those truisms about data handling, on which I have written from time to time, is that security breaches and data loss derive more usually from personal stupidity than from the failure of technology.

Caroline Flint, the Housing Minister notable more for the quality of her legs than the acuity of her mind, perfectly illustrated this recently, when she strode along Downing Street exposing not the famous thighs (that was the week before) but the front page of a confidential document which she was about to read to the Cabinet. Read the rest of this entry »


Guidance on benefits of e-Disclosure Project

May 25, 2008

If it was slightly embarrassing to find myself the principal subject-matter of a speaker session at the IQPC Information Retention and E-Disclosure Management Conference last week, it is even more so to have the task of writing about it afterwards. But in giving over his speaker slot to a description of my e-Disclosure Information Project, Patrick Burke of Guidance Software neatly encapsulated the reasons why it is needed and why it deserves support, and it is perhaps easier to report what he said than to say it for myself.

It is also an opportunity to show that what is discussed at heavy-weight international conferences of e-Disclosure has a close bearing on what happens in UK courts and on what affects everyday litigation here. Read the rest of this entry »


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