November 5, 2008
Products and suppliers have taken a back seat in this blog whilst wider issues and travelling have taken most of my time. Anacomp’s CaseLogistix has been busy, with a new paper on the discovery of audio files. It has a new blog as well
The e-Disclosure Information Project began with a narrow focus both as to subject-matter and as to geography – a handful of UK Civil Procedure Rules and their application in courts in Birmingham and London. It quickly became clear that lack of information about the problems raised by electronic documents, and the solutions available to solve them, was as big a problem as the rules and procedure, which led me to a mission to draw attention to them. That quickly acquired an international dimension, because both problems and solutions are the same everywhere and it made sense to tap into the thinking in other jurisdictions. More recently, recession has brought a darker – and more urgent – tone to what I write and talk about. Within the last few days, we have had the first reported case on the management of electronic disclosure and the announcement of a government-inspired (but judge-led) inquiry into the costs of litigation with its parallel implications for both access to justice and hard economics. Read the rest of this entry »
November 5, 2008
Guidance Software has produced the first edition of a new quarterly magazine called Real eDiscovery. The costs and risks of compliance with the demands of litigation discovery and regulatory investigations were going up the corporate agenda even before the recession struck, and Guidance is well-placed to help large organisations take some of that cost in house as they – government departments, corporates and law enforcement agencies alike – struggle make or repel the claims and investigations which recession brings.
EnCase eDiscovery is a platform used within organisations to collect data across the network in a systematised, repeatable way. If, as seems almost certain, demands for evidence increase several-fold over the coming months, the argument for taking this process in house increases correspondingly – put simply, the investment in the software and the skills will be recovered more quickly if there are more demands for data to be collected. Read the rest of this entry »
November 5, 2008
I was interviewed last week by one of the big computer magazines about the ever more ubiquitous Sharepoint – Microsoft Office SharePoint Server (MOSS) to give it its full name. The context, unsurprisingly given my own area of practice, was the implications for SharePoint users of the need to produce documents and data from SharePoint to meet the demands of litigation or of regulators.
It is some time since I used SharePoint. My experience, however, is enough to tell me that it is superb at ingesting and distributing information, and substantially less so for finding it and getting it out again.
I do not mean, of course that you cannot find material in SharePoint – that is very much part of its function. Its indexing and retrieval tools, however, are geared to its primary function of production, sharing and distribution of information about set topics, often across multiple servers and jurisdictions. The very ease with which data can be distributed widely militates against the strict control which is expected – or which ought to be expected – of a document retention policy and all the other ideals of information governance within organisations. Read the rest of this entry »