Thinking through the management of eDisclosure services – Eversheds Sutherland and OpenText

Back in June, I wrote about the agreement by Eversheds Sutherland to take OpenText’s Axcelerate to enable the firm to take control of its eDisclosure management without having to be responsible for the software and infrastructure. An opportunity arose shortly afterwards to hear about the decision-making process behind this and about the benefits which have resulted from it.

It is surprisingly rare for law firms to promote their use of technology in support of their eDisclosure / eDiscovery services. The main reason why law firms make an investment in technology and in the training which goes with it is to offer a better service to the clients at a lower cost, whilst ensuring that they make a profit at the same time. These are worthy ambitions, signs that the firm is bringing the same commercial nous to its own business as its clients expect for theirs. The handling of documents and data is one of the most expensive components of disputes and investigations. Why, then, are law firms traditionally shy in talking about it?

Part of the problem, perhaps, is that the mechanics of service delivery are not considered worthy of attention from marketing departments. I also hear from time to time of law firms and service providers who have client offerings of one kind or another – a technology package or an attractive pricing scheme – but do not promote it until the client connection is already made, so the only people who hear about this bait are the ones who have been hooked already. No, I don’t understand it either. Continue reading

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

Technology the dominant theme in the Lawyer Litigation 50 2017

It is not surprising to find that The Lawyer’s Global Litigation 50 2017 (registration required) has a strong emphasis on the use of technology in the management of litigation and other disputes. The introduction by Craig Earnshaw, Senior Managing Director at FTI Consulting (which sponsored the report) emphasises three things which make this inevitable:

The growing expansion of, and dependence on, the data underpinning global businesses;

The availability of new technology tools to manage that data efficiently and cost-effectively

A corresponding expectation on the part of clients that the lawyers will understand this technology and that they know how to use it to give strategic advice promptly (not just to proceed with the procedures required by courts or regulators).

Court acceptance of predictive coding, led by the Pyrrho case, is only the start, Craig Earnshaw says. The demands of regulators have increased along with the sharp rise in data volumes; eDiscovery skills and tools are adaptable for use with information governance programmes and the new focus on identification of personal data which the GDPR brings. Continue reading

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Welcome to Ricoh as new sponsor of the eDisclosure Information Project

There is more than one reason why I am very pleased to announce that Ricoh has become a sponsor of the eDisclosure Information Project. The most obvious reason is that Ricoh is a major force to be reckoned with in US eDiscovery; another is that Ricoh has a strong presence in Canada via its ownership of Commonwealth Legal. One of my themes in the last year has been the interchange of civil procedure rules and ideas between common law jurisdictions. The link with Commonwealth Legal brings an opportunity for me to speak at their Technology in Practice event in Toronto in November – I will come back to that below.

Ricoh eDiscovery Services is a comprehensive set of end-to-end solutions supported by a team of highly qualified eDiscovery experts. It includes digital forensics services, secure hosted technology based on Microsoft Azure, Managed Review Services (known as Intelligent Review in Canada), and a full Production and Presentation Service. Continue reading

Posted in Commonwealth Legal, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Ricoh, Technology in Practice | Tagged , | Leave a comment

OpenText extends its reach again with the acquisition of Guidance Software

The once-straitforward business of eDiscovery has extended its reach, its software and its skills into related areas, embracing ever-wider concepts of information management. As it has done so, the market has seen increasing consolidation as bigger companies buy smaller ones or equals merge.

Fresh from its acquisition of eDiscovery and analytics company Recommind, OpenText has announced an agreement to acquire Guidance Software, makers of EnCase forensic and security tools.

The acquisition will complement and expand OpenText Discovery which already embraces search, the extraction of data, its classification, and its review and analysis. It will also be a boost to the OpenText’s information security capabilities by the addition of Guidance Software’s long-standing and respected forensic security and endpoint solutions. Continue reading

Posted in Cyber security, Data Security, Discovery, eDiscovery, Forensic data collections, Guidance Software, OpenText, Recommind | Leave a comment

Webinar on 8 August from EDRM and NightOwl Discovery: practical tips for a successful first TAR project

NightOwlEDRM / Duke Law is running a series of webinars designed to help lawyers and judges on various aspects of technology-assisted review. It is part of preparation for the Duke Conference on TAR to be held in Arlington on 7 to 8 September.

The webinar on 8 August is called Practical tips for successful first TAR project and is being run in conjunction with NightOwl Discovery. George Socha will moderate and the participants are Kelly Atherton, Senior Analytics and Review Manager of NightOwl and Sam Merritt, Senior Portfolio Manager at NightOwl.

Their subject is low-risk use cases for a first predictive coding project, including practical suggestions on setting up a project and training the system to categorise and rank documents. Continue reading

Posted in Analytics, Discovery, eDiscovery, Litigation Support, NightOwl Discovery, Predictive Coding, Technology Assisted Review | Tagged , | Leave a comment

FTI Consulting: how the general counsel can shape information governance

Ethical Boardroom carries an article called How the general counsel can shape information governance by Jake Frazier and Sonia Cheng of FTI Consulting. It focuses less on the IT, data security and regulatory aspects of IG and more on that often-overlooked aspect, reputational risk and ethical duties.

A perhaps exaggerated focus on fines and penalties has relegated the equally important matter of “trust in the brand”. There was a time when bad news about corporations was only to be found in the business sections of newspapers. Web sources, whether owned by responsible reporting organisations or populated by eager critics on Twitter or Facebook, mean that news, particularly bad news – and more particularly news affecting consumers – travels very quickly, and often inaccurately.

This affects the perception of a corporation by governments, regulators and shareholders and, equally importantly, by clients and customers. Continue reading

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Off to ILTA in Las Vegas to talk about EU data and to do some interviews

ILTA is the International Legal Technology Association. ILTA works hard all year encouraging the sharing of ideas between those whose business involves (or should involve) the application of technology to a wide range of legal functions and issues.

For many, “ILTA” is synonymous with ILTA’s big annual conference held in August each year. This year ILTACON2017 is in Las Vegas, and I am going, as I always do.

I go there wearing my press hat and it is one of the few events I attend whether or not I am participating in a panel. Quite often, however, I end up taking part in something, and this year I am moderating a panel called Managing data from the EU during litigation. Continue reading

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Interview: Max Cockerill of Blackdot Solutions talks about Blackdot’s integration with Relativity

One of the strengths of kCura’s Relativity is the flexible home it offers to other companies whose products involve the collection and use of data. An increasing number of niche products are extending their uses, and their user bases, by integration with Relativity.

One such is Blackdot Solutions, whose arrangement with kCura is described in this Legal IT Insider article. At Relativity Fest in London I interviewed Max Cockerill of Blackdot Solutions and asked him about Blackdot’s software integration with Relativity.

Continue reading

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Heart pacemaker data admissible in arson trial

I have made reference recently to various sources of data which potentially provide information for use in civil and criminal proceedings and which go well beyond conventional sources such as email.

One of those was the data created by a heart pacemaker in a case involving an allegation of arson in Ohio. A cardiologist who looked at the data found inconsistencies between the information returned by the device and the story told by its wearer. A judge in Ohio has now ruled that this data is admissible.

There is an article about it, appropriately enough in a website called Insurance Fraud News, which you can find here.

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ACEDS webinar with Ricoh on 26 July on eDiscovery hiring and careers

ACEDS, the Association of Certified eDiscovery Specialists, works to encourage and train people to acquire skills and certifications in eDiscovery.

On 26 July, Mary Mack, Executive Director of ACEDS, joins David Greetham, VP, eDiscovery Sales and Operations at Ricoh USA, Inc to look at the results of a survey covering many aspects of recruitment and employment in the eDiscovery industry.

Among other subjects, they will look at sources of information for those interested in boosting their knowledge, including conferences and other information sources.

There is more information and registration details here.

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Managing data with Nuix Insight

NuixNuix brings together the disciplines of investigations, eDiscovery, cyber security and information governance, all of which involve extracting and managing useful information from data.

An article called Nuix Insight: a natural progression, traces the development of successive Nuix products to deal with a specific technical problem – how to process a range of file types quickly and accurately and make the resulting data available for searches.

Achieving that technical objective is one thing. Much of Nuix’s more recent work has been directed towards making both the searching and the interpretation more intuitive for users and in allowing them easily to manage tasks and collaborate as teams. A significant element of that is data visualisation. Continue reading

Posted in Data visualisation, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Nuix, Regulatory investigation | Leave a comment

Consilio: can you trust law firms with your data?

ConsilioI remember as a young solicitor being at a meeting with a partner who was asked about the security of information held in the offices. The security, he said, lay in the fact that it was all too boring and too difficult to find within the office. He was, of course, being flippant, but his off-the-cuff answer is perhaps more-or-less accurate for many law firms, at least relative to the care which their clients take of their data while it is on their own systems.

eDiscovery and information management company Consilio has looked at this issue in an article called Can you trust your law firms with your data? This matters, partly because a recent survey suggests that one in four larger law firms has experienced a security breach; it also matters because, as the article puts it,:

…outside counsel possess a host of sensitive and invaluable data, such as trade secrets, patent applications, details about proposed business transactions and other valuable confidential information about their clients…”

This issue acquires greater focus when you appreciate that the business of giving legal advice generally involves collecting the most important documents together for analysis and review. That flippant answer about the data being “too boring” disappears when the raw data has been carefully filtered so as to leave just the most critical documents in one place. Continue reading

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

Post-Brexit data flows between the UK and the EU

An article in The Register headed Another Brexit cliff edge: UK.gov warned over data flows to EU draws attention to a report by the House of Lords EU Home Affairs Sub-Committee called Brexit: the EU Data Protection package.

Just one paragraph will suffice to convey the message:

Although the government has made numerous pledges to retain “unhindered and uninterrupted” data flows after Brexit, the committee said it was “struck by the lack of detail on how the government plans to deliver this outcome”.

Leaving aside my own view that Brexit is a self-imposed disaster, this particular aspect of it has been causing deep concern. This is not just wearing my eDiscovery hat with its obvious focus on cross-border discovery, information management and GDPR compliance, but because of the our enormous dependence on data flows ancillary to trade, particularly transatlantic trade. Continue reading

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

Interview: David Wallack of NightOwl Discovery on the GDPR and the use of analytics beyond disputes discovery

NightOwlDavid Wallack is eDiscovery Counsel and Director of Legal Operations at NightOwl Discovery. NightOwl is particularly well placed to help its corporate clients with the implications of keeping and managing data in the EU because, in addition to its long-standing US eDiscovery practice, it has facilities in Dublin and in Düsseldorf.

Much of NightOwl’s business involves multi-year contracts with corporate clients to manage their information for a wide range of purposes, not just for disputes discovery.

With the General Data Protection Regulation getting closer, I asked David Wallack what NightOwl is doing to help its clients get ready for the GDPR, for the implementation of Office 365, and in connection with the use of analytics for information management.

Continue reading

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

What will your disclosure conduct look like under the judicial spotlight?

Sometimes you look at a judgment and marvel that any human has got his or her head round the complexity of the subject matter, the law and the procedure involved in it. One such is Imperial Chemical Industries Ltd v Merit Merrell Technology Ltd which involved defects in an industrial process, complex contract terms, conflicting expert evidence, detailed allegations about breaches and defective work, arguments about repudiation and quantification of the cost of remedying defects; in addition, there were multiple procedural failures, disclosure defects, multiple changes of counsel and….well, you name it, this case had it.

Gordon Exall of the Civil Litigation Brief has already written four posts about it. The first was headed Deficiencies in disclosure: reading this judgment is not like watching paint dry. He is right – I would sit watching paint dry, grass grow or any similar process rather than read this judgment again, still less try to summarise it.

I don’t think you need to read it either if your primary interest is in disclosure. I don’t think you even need to read too closely the parts directly relating to disclosure: they did not involve analysis of any particular rule whose close interpretation will help you; they did not obviously involve a failure of eDiscovery technology; there may or may not have been bad faith involved here – it is hard to tell. It just all went wrong. Continue reading

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Vince Neicho brings decades of law firm experience to Integreon

Vince Neicho, long-time Litigation Support Senior Manager at Allen & Overy in London, has joined Integreon as VP and Expert Legal Solutions Consultant. A day or two after the announcement, LinkedIn served up the information that Vince had been at Allen & Overy for 42 years. The press release about the appointment is here.

I knew Vince’s name for a long time before I met him. He was nicknamed “the Godfather of English litigation support”, and his name turned up whenever there were discussions about the civil procedure rules and, in particular, their inter-relation with the real-life business of managing disclosure. Continue reading

Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Integreon, Lord Justice Jackson | Tagged , | Leave a comment

Disclosure obligations include the form and substance of list as well as its completeness

Barrister Gordon Exall has just reached the fourth anniversary of his first publishing his Civil Litigation Brief, now an indispensable guide to civil procedure.

In one of his most recent reports (never say “the most recent” with Gordon, because he is bound to have published another one before you next look) he tells of a case called Powell -v- Watford Borough Council, in which he appeared for the ultimately successful appellant / claimant, where disclosure failures play a major part.

You can read Gordon Exall’s summary here (there is not yet a public version). The bit you might like to focus on is the commentary on the form and substance of the list. The response to a peremptory order for specific discovery came in the form of a letter simply stating that searches been made and that there were no documents of the kind referred to in the order. The extent of the defendants’ search can be judged by the fact that at least one such document was found by a search on the Internet. Continue reading

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Cross-border discovery and data protection in Dublin with the Sedona Conference

I am back from the Ninth Annual Sedona Conference International Programme on Cross-Border Discovery and Data Protection Laws organised by The Sedona Conference Working Group 6 (Sedona Working Groups are explained here). It took place in County Kildare, just outside Dublin on 20 to 21 June, and if I seem slow at writing about it, that is not just because of the principle that “what is said at Sedona stays in Sedona”.

Just as compelling a disincentive to settle down and write about is the mass of useful material, both written and oral, which is made available to WG6 members. How can one start summarising all that? The whole thing is a deep immersion in cross-border discovery and data protection which is unmatched anywhere else. It serves both as a top-up and a stimulus, with a skilled faculty pointing the way forward as well as summarising what has already happened. Continue reading

Posted in Brexit, Consilio, Cross-border eDiscovery, Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Epiq, FTI Technology, NightOwl Discovery, Sedona Conference | Leave a comment

ICO paper on Bring Your Own Device (BYOD)

The UK Information Commissioner’s Office (ICO) publishes several short papers designed to increase awareness of the technical, security and legal implications of various aspects of data holding.

These documents are not, and do not purport to be, detailed explanations of their subject, but they are helpful reminders which may encourage organisations to seek more detailed advice or, at least, to consider things which have hitherto gone unregarded.

One such paper is called Bring Your Own Device (BYOD) . It is short and succinct on the risks faced by an organisation and its data controller in circumstances where organisational control is limited because the user owns, maintains and supports the device. Continue reading

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Interview: Jeff Schmidt of Park IP Translations talks about language management and its use with Relativity

One of the benefits of kCura’s Relativity is the ability it gives to specialist software companies to incorporate their own applications into it in a way which allows them to tap into Relativity’s core strengths.

One such speciality is the management of foreign languages in electronic disclosure. At Relativity Fest in London, I asked Jeff Schmidt of Park IP Translations to tell me about language management and how Park IP Translations works with Relativity.

The term “language management”, Jeff Schmidt says, implies a considered approach to managing foreign languages within the case strategy from the very beginning of a case. Continue reading

Posted in Audio discovery, Discovery, eDisclosure, eDiscovery, Electronic disclosure, KCura, Relativity | Leave a comment

Awards and plaudits for iCONECT XERA

It may be a coincidence, but eDiscovery software company iCONECT seems to be hogging the eDiscovery limelight since the appointment of Lynn Frances Jae as marketing director (I wrote about that appointment here).

My own contribution was my article Netflix as a model for explaining technology assisted review. Platinum IDS followed with an article called Three XERA features that change the game in eDiscovery review. I like the sort of article which picks from hundreds of functions the handful which actually make a difference to the user – not always the ones which a demonstrator uses. (The three are Faceting, Document Compare and Xmplar, but I leave you to read about them for yourself). Continue reading

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Following the Nuix Black Report on cybercrime: webinar and the 2018 survey

NuixI wrote recently about the Nuix Black Report on cybercrime. The main themes were the need to “know your enemy” and the critical importance of preparing for cyber attacks which are increasingly seen as both inevitable and destructive.

Nuix has an on-demand webinar covering the same ground as the Black Report and presented by Chris Pogue, Head of Services, Security, and Customer Integration at Nuix, who was responsible for the report itself. You will find that here.

Looking ahead, Nuix is now collecting information for its 2018 Black Report. In an article of last week, Calling all pentesters and hackers – 2018 Black report survey, Chris Pogue invites those with with knowledge and experience as a penetration tester, or offensive security professional, hackers and those with experience in digital forensics, instant response or related disciplines to answer the questions in an online survey. Continue reading

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FTI Consulting: issues and best practices for dealing with structured data

An article by David Turner, a Senior Managing Director in FTI’s Consulting’s Data and Analytics practice, summarises the things organisations ought to have in mind when preserving structured data for potential production in future litigation or investigations.

Called Structured data: issues and best practices, the paper first asks why structured data is important. In many organisations, particularly financial organisations, 70% of the information sits in a database of some kind, as opposed to the (no less important) unstructured data such as emails, word-processing or spreadsheet files and the like. The latter may tell you what people were discussing and who they were communicating with; the structured data often includes the transaction information which shows the effect of those communications. Continue reading

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Interview: Melinda Kunjasich of Epiq on the use of predictive coding

I recently interviewed Melinda Kunjasich, Senior Director, Document Review Services at Epiq in London. I was interested to find out about the support which Epiq gives to clients using predictive coding and about how this fits into their analytics strategy in discovery review.

It is perhaps first worth looking at Epiq’s webpage about predictive coding – terminology varies from provider to provider, and Epiq sets out clearly what they mean by predictive coding. Epiq’s predictive coding is:

a prescriptive linear review workflow that is a mix of statistics, categorization and reporting that can decrease the cost of a review by amplifying the efforts of a small number of reviewers on a large dataset. Predictive coding is particularly useful in regulatory productions when the dataset is enormous and the production deadline is tight.

Continue reading

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

Hear OpenText and Eversheds Sutherland on bringing eDiscovery in-house in London on 6 July

I wrote recently about Eversheds Sutherland’s decision to take OpenText’s hosted Axcelerate Cloud solution to manage eDisclosure in-house

There is an opportunity this week to hear more about this from OpenText and Eversheds Sutherlands themselves at a discussion on Thursday morning in the Crypt of St Paul’s Cathedral. The participants are:

Paul Worth, Partner, Co-Head of Global Litigation, Eversheds Sutherland
Nick Rundle, Partner, Eversheds Sutherland
Enzo Lisciotto, Head of Litigation Technology, Eversheds Sutherland
Simon Price, Managing Director, OpenText

They will talk about why the firm decided to take the management of their disclosure in house, and how OpenText Axcelerate Cloud solution can enable law firms, businesses and public organisations to manage their own eDiscovery projects without having to take responsibility for all the implications of managing the infrastructure, dealing with software updates, and handling all the other burdens usually associated with an in-house solution.

There is more information and a link to an application form here.

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Interview: Damon Goduto of ThreadKM talks about ThreadKM’s integration with Relativity

ThreadKM is a Relativity partner, and I talked to Damon Goduto, VP of Sales at ThreadKM, at Relativity Fest in London.

ThreadKM, he said, is a collaboration platform. Its purpose is to get lawyers out of email and into sharing multiple sets of sources such as document management systems, discovery software like Relativity, and things like time and billing or ethical wall software.

ThreadKM’s main market is large law firms, but anyone “burned by email” could make good use of it. Continue reading

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Sonia Cheng of FTI Consulting on the GDPR: a challenge and an opportunity

Sonia Cheng is FTI Consulting’s European Information Governance Leader. In this short video, Sonia introduces some ideas for companies to consider when first tackling compliance with the General Data Protection Regulation.

Quite a lot of GDPR summaries focus solely on the maximum financial penalties which may be imposed for breaches of the GDPR. Sonia Cheng begins, rightly, by stressing its benefits – increased personal control of information cannot be a bad thing.

It would be good, Sonia Cheng says, to begin by making yourself aware of what the regulation actually says. Sonia Cheng’s main focus here is on the positive effect of helping to identify obligations. I would add that reading the GDPR would help correct misapprehensions, not just about the penalties but about things which are easily misunderstood. The implications of consent, for example, are more subtle than the conventional shorthand implies, and even the most cursory read would stop people talking about “citizens’ data” which is not a concept expressed in the GDPR. Continue reading

Posted in Data privacy, Data Protection, FTI Technology, GDPR | Tagged | 1 Comment

AccessData webinar series: navigating information risk, investigations and privacy

AccessDataAccessData is running a series of webinars under the umbrella title Information Overload: Navigating information risk, investigations and privacy in today’s regulatory environment. The overall theme is one of preparation – devising policies and techniques for investigating data and facing up to existing and new regulations applicable to data governance and compliance.

The first of these webinars takes place on 27 June. It is called Information risk and compliance in the digital age and will cover the challenges of information risk and the systems necessary for managing it across the enterprise. Continue reading

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A few days in Ireland – cliffs, Brexit, cross-border discovery and the GDPR

The absence of new posts here sometimes leads to the assumption that I have died or retired. Nothing so exciting – I was in Ireland, mainly for the Sedona Conference Programme on Cross-Border Discovery and Data Protection Laws, held outside Dublin.

That is, by some margin, the most concentrated event of the year, and that’s just for the delegates, never mind the faculty. The days are long, as are the sessions, and the breaks are few and short. There was a lot to learn about and discuss this year, with the Privacy Shield, extraterritorial reach, and the GDPR among the agenda subjects, as well as new Sedona papers to discuss. I barely lifted my head to tweet, let alone write blog posts.

All good stuff, though, and the source of much useful material for the year ahead. I will write about it, and some of the things I missed, during next week – apart from a day trip to Germany to talk TAR, I am at my desk all week. Continue reading

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Eversheds Sutherland take OpenText Discovery in the cloud

The story underlying this article is that OpenText Discovery, has sold cloud licences to Eversheds Sutherland in London, enabling the firm to take control of the management of eDisclosure without having to be responsible for the software and infrastructure. There is a press release here with the story.

It is worth first looking at the context in which a large law firm makes such a decision. The wider story is to about law firms resisting the move towards sub-contracting the disclosure function to others, fighting back by effectively becoming eDisclosure providers in their own right. It is not size alone which makes this right for some firms, but any firm with a strong disputes department, and with a big involvement in regulatory matters and investigations, in cross-border disclosure, and the rest must surely be considering which of several possible routes they should choose for disclosure management. Continue reading

Posted in Cloud, Discovery, eDisclosure, eDiscovery, Electronic disclosure, OpenText, Predictive Coding, Recommind | Tagged | Leave a comment

A wide range of topics at the AccessData User Summit

AccessDataI went last month to the AccessData User Summit at an attractive resort in San Diego. I moderated or took part in four panels, learnt a lot, met up with old acquaintances and made new ones. It was an extremely useful and enjoyable event, an impression which seemed to be shared by those I spoke to.

The Summit’s agenda illustrated the very broad range of subjects which now surround the “old” skills of forensics and eDiscovery. As well as providing information directly relevant to the delegates, it was designed to extend the understanding of AccessData’s users beyond their immediate responsibilities.

The last time I went to this event, some years ago, forensics and eDiscovery posed problems enough for businesses, and AccessData’s product range matched the issues. Since then the problems have expanded to embrace a much wider range; the “old” headings have expanded to take in Big Data, mobile forensics, new data types and sources – and new problems. AccessData’s range of forensics and eDiscovery products and services has marched with the times. Continue reading

Posted in AccessData, AI, Artificial Intelligence, Brainspace, Cross-border eDiscovery, Cyber security, Data privacy, Data Protection, Data Security, Data visualisation, Discovery, eDisclosure, eDiscovery, Electronic disclosure | Tagged , , | Leave a comment

Interview: Colin Shepheard of Lineal on the use of analytics in Relativity

One of the dominant themes at Relativity Fest in London (my report on that is here) was the increasing use of Relativity Analytics for solving electronic disclosure problems.

While there, I interviewed Colin Shepheard, Director of Project Management at Lineal, asking him to tell me about Lineal’s use of Relativity Analytics. Lineal is a provider of eDisclosure services in London. It is a Relativity Partner, with several Relativity certifications including Relativity Analytics Partner.

Continue reading

Posted in Analytics, Discovery, eDisclosure, eDiscovery, Electronic disclosure, KCura, Lineal, Relativity, Relativity Fest | Tagged | Leave a comment

On the iCONECT blog: Netflix as a model for explaining technology assisted review

How do you explain sophisticated technology to people who are not only new to the subject but are by nature resistant to it?

Technologists have always tried to use parallels from their users’ experience either as an illustration of concepts which might otherwise be obscure or to demonstrate how much better their method is than “the old way”. The document / folder / drawer / filing cabinet metaphor worked very well for a long time, though it is breaking down now that the whole concept of electronic filing is being overtaken. That famous picture of Bill Gates sitting on a pile of paper equivalent to the contents of a single CD made its point well until the capacity of storage devices became so great that the figures ceased to have any meaning.

As both the technology and the users have matured, there is perhaps a closer relationship between the things we use in our everyday lives and the advanced technology available to solve business problems. Olivia Cain, in an article called TAR is the Netflix of eDiscovery on the iCONECT blog, illustrates this by drawing a parallel between Netflix and the technology-assisted review tools within the iCONECT-XERA eDiscovery software. Continue reading

Posted in Analytics, Discovery, eDisclosure, eDiscovery, Electronic disclosure, iCONECT, iCONECT-XERA, Technology Assisted Review | Leave a comment

FRONTEO: 11 tips for securing data in the virtual workplace

I wrote a couple of days ago about the professional obligation of lawyers to have enough technical knowledge to manage their clients’ electronic data.

Although much of that article (and the article from Epiq which underlay it) was about the management of data in an eDiscovery context, there was emphasis also on looking after client data of all kinds, not just for litigation and other disputes.

“Client data” in this context includes correspondence with and about clients and their matters. Although the popular impression of cybersecurity incidents involves people dressed as burglars sitting in dark basements and hacking into corporate servers, many more incidents involve simpler circumstances – lost USB drives and unsecured laptops, for example. Continue reading

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The Sedona Principles: public comment deadline and webinar

The Sedona Conference recently published the public comment version of the third edition of the highly-regarded Sedona Principles. The deadline for making comments is 30 June.

The public comment version of the Sedona Principles can be downloaded from the Sedona Conference website here. No membership or registration is required. Comments should be sent to comments@SedonaConference.org

In support of the comment exercise, there is a webinar on 14 June at 1:00pm EST. The webinar will be moderated by Eric Mandel of RICOH-USA and the panel members include US Magistrate Judge Andrew Peck.

There is more information and a registration form here.

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Should lawyers take on cases requiring technical knowledge if they don’t have that knowledge?

What standard of technical competence is expected of lawyers in England and Wales when dealing with cases involving electronically stored information?

The question is prompted by a recent opinion of the New York County Lawyers Association’s Committee on Professional Ethics which has advised lawyers in Manhattan that they have a duty to acquire and maintain the technological competence needed to manage their clients’ electronic data. My source on this is an article from Epiq headed NY Ethics Committee: lawyers without legal tech knowledge should turn down cases.

The article identifies four discrete headings – knowing about legal technology and emerging data types, taking precautions against data breach (including safeguarding data sent to third parties), the need to understand eDiscovery legal technology, and the duty to satisfy oneself as to the security arrangements of vendors and others to whom client data is entrusted.

I can leave you to read the points for yourself, but it is interesting to consider whether the position is any different for solicitors (and barristers come to that) in England and Wales. Continue reading

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Webinar on 7 June: Policies and procedures for keeping employee data inside the organisation

FTI Consulting is one of the sponsors of a webinar on 7 June (that is, today) at 1:00pm ET called Policies and procedures for keeping employee data inside the organisation, not out.

The webinar will cover:

  • What IG and E-Discovery experts recommend to establish and maintain defensible data protection practices
  • Who needs to be consulted and involved in defining these practices
  • Practical best practices for developing your own data protection requirements

David Freskos, Senior Director – Technology at FTI Consulting is one of the speakers, with others from Winston & Strawn LLP and Exterro. There is more information and a registration form here.

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David Horrigan of kCura interviews Judge Peck on points of International eDiscovery

Among the people on my list for video interviews at Relativity Fest London (I wrote about that here) were US Magistrate Judge Andrew Peck and David Horrigan of kCura. It occurred to me that I could save some time by getting David Horrigan to interview Judge Peck, and the result of that is here.

 

David Horrigan picked up on some of the points which had come up in our panels, first on cross-border discovery and data protection, and then on technology-assisted review. Things are changing under both of these headings and there is, perhaps, more sharing of ideas than hitherto. Continue reading

Posted in Cross-border eDiscovery, Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, KCura, Predictive Coding, Relativity, Technology Assisted Review | Leave a comment

Reminder: TAR discussion with Maura Grossman in London on 13 June

This is a reminder that there is a discussion called Technology-Assisted Review: fact or fiction? to be held at the offices of Morgan Lewis in London on 13 June.

The speakers are Maura Grossman, Gordon Cormack and Tess Blair of Morgan Lewis. I am the moderator.

Now that Pyrrho and BCA Trading have established that the use of TAR is a proper way to manage eDisclosure in appropriate cases in the courts of England and Wales, it is necessary for lawyers (to say nothing of their clients) to understand the implications of using it.

My recent interview with former Senior Master Steven Whitaker serves as a good introduction to the use of technology in our courts. Continue reading

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The Nuix Black Report on cybercrime: knowing your enemy

NuixThe Nuix Black Report on cybercrime was published in February. Leaving it to simmer a while has shown its value, as cyber incidents like WannaCry show the value of the understanding and planning which the report urges. There is a war going on here and, as in war, you need to know your enemy.

There are two deviations before I turn to the Nuix Black Report itself. The first is on the value of setting time aside for a proper read of (some) lengthier papers and articles. We tend to skim in these frenetic times, and one of the points made in the Black Report is that the hackers themselves spend time reading around their subject. The Black Report warrants your time. The second apparent deviation is a section on how the contained task of recovering data (“forensics”) turned into the endless battle to protect data from threat (“cybersecurity”). Looking back, the progression and convergence seem obvious and inevitable. That is not it felt as they developed, with each phase opening new risks, new tools and new opportunities. Continue reading

Posted in Cyber security, Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Forensic data collections, GDPR, Nuix | Tagged , | Leave a comment

Telephone records and contempt of court for false evidence

You do not often think of prisons in connection with the evidence given in civil proceedings, so you sit up when you see a judgment which begins:

The Claimant, Accident Exchange Limited (“AE”) applies to commit the Defendants to prison on the grounds that each of them engaged in conduct which interfered with the due administration of justice and they were thereby in contempt of court.

The case is Accident Exchange Ltd v Broom & Ors [2017] EWHC 1096 (Admin) (24 May 2017) and it involved evidence given in multiple car hire claims by a company called Autofocus Ltd (or, rather, the individuals employed by Autofocus), whose business was giving evidence as experts on behalf of the defendant insurers in claims for car hire rates following road traffic accidents.

As so often, I am obliged to Gordon Exall’s Civil Litigation Brief and his article Lies, damn lies and car hire quotes: computer records and internal documents preferred to witness evidence both for tipping me off about this case and for the summary of what is a very detailed judgment. The Law Gazette wrote about it here. Continue reading

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OpenText Discovery webinar on 1 June: Predictive coding is for every matter

The title of OpenText’s webinar, Predictive coding is for every matter, is almost enough on its own to tell you what it is about.

Its main theme is that machine learning is not just for discovery but as an extension of human analysis of almost any kind of investigation, whether for disputes or not.

It also aims to negative the idea that the application of machine learning tools necessarily involves vast amounts of preparatory work in the form of protocols or project management.

The speakers are

Kiriaki Tourikis, Assistant General Counsel & Vice President JPMorganChase

Ethan Ackerman, Associate, Morgan Lewis

Dawson Horn, Assistant General Counsel & Vice President, AIG Corp

Alexis Mitchell, Principal Data Scientist & Workflow Consultant, OpenText Discovery Continue reading

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Steven Whitaker, former QBD Senior Master, talks about technology-assisted review and the CPR

When Steven Whitaker was Senior Master in the Queen’s Bench Division, he was responsible for Practice Direction 31B and the Electronic Documents Questionnaire, and for the decision in Goodale v Ministry of Justice which was the first (and until very recently the only) High Court judgment which spoke of the merits of technology-assisted review.

These were significant steps towards the establishing the proper place of technology in helping with disclosure and in acknowledging its role in arriving at a just, equitable and cost-effective decision. I took the opportunity at Relativity Fest London to ask Steven Whitaker if we were moving in the right direction.

Continue reading

Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, KCura, Litigation costs, Predictive Coding, Technology Assisted Review | Tagged | Leave a comment

Reminder: DESI VII in London on 12 June

DESI stands for Discovery of Electronically Stored Information. I have already written about DESI VII at Kings College London on 13 June.

There is a draft programme here from which you will see that it is chaired by Jason Baron of Drinker Biddle & Reath, and that the opening keynote is to be given by Maura Grossman and Gordon Cormack with the intriguing title Selective Digital Amnesia.

That this is a serious and heavyweight event is clear from that and from the other talks and papers on the agenda. DESI VII is part of a wider London event called ICAIL 2017 – the 16th International Conference on Artificial Intelligence, and registration for all or part of the conference can be done through this page which also links to a list of workshops. You can register for one day only if you like.

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The Sedona Conference: discussing cross-border eDiscovery and data protection in London and Ireland

On 3 May, I took part in a panel organised by the Sedona Conference Working Group 6 on cross-border discovery and data protection laws.

The event, sponsored by Swiss Re and Consilio, was moderated by Monika Kuschewsky of Squire Patton Boggs, and the panel members were David Mayo of Deutsche Bank, Matthew Davis of Consilio, and Natascha Gerlach of Cleary Gottlieb as well as me.

Our task was to lead a discussion on the challenges posed by cross-border transfers of data and specifically on the likely impact of Brexit and the GDPR. Among other things, we mentioned the International Sedona Conference International Litigation Principles (Transitional Edition) published in January 2017, which is an update to the valuable 2011 International Principles. The word “transitional” reflects the uncertainties which inevitably arise in the run-up to Brexit and the GDPR. Continue reading

Posted in Consilio, Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, EU, GDPR, Sedona Conference | Leave a comment

Nuix User Exchange 17 to 20 September at Huntington Beach

NuixRegistration has opened for the 2017 Nuix User Exchange to take place, as before, at Huntington Beach in California.

I was there last year and found it both valuable and enjoyable, as you might deduce from the article I wrote about it afterwards.

It has a good mixture of technical sessions, panels about the legal, investigations and security context in which Nuix is used, and social events. If the high spot for me last year was my own interview about the Panama Papers with Gerard Ryle of the International Consortium of Investigative Journalists, that is in part because it illustrated the broadening range of uses of ediscovery tools and skills. Nuix has been a leader in every phase of the development of the industry from its beginnings in forensics, and the Nuix User Exchange has a corresponding appeal to a wide range of people. Continue reading

Posted in Data Security, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Forensic data collections, Nuix | Leave a comment

Relativity Fest London – a rounded eDisclosure conference not just a trade show

As I noted when I wrote about it in advance, kCura’s Relativity Fest London has been moving over the years to become a full-blown eDiscovery / eDisclosure event and not just a platform for launching kCura initiatives and for networking. There was plenty of that as well, but kCura’s success with this event must be tough on those whose business is  organising commercial conferences. kCura has collected pictures, quotations and other snippets from the day here.

My window on the event is perhaps a narrow one since I missed most of the sessions, the networking and, indeed, the food (which, as always at the etc.venues place at 155 Bishopsgate, looked very good). We recorded a number of video interviews which will appear over the coming weeks, and I did two panel sessions.

CEO Andrew Sieja retains his ability to sound simultaneously like one of the lads sharing exciting news and like a hard-nosed businessman with serious messages for the future of eDiscovery.

Continue reading

Posted in Analytics, Brexit, CPR, Cross-border eDiscovery, Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, FRCP, KCura, Relativity, Relativity Fest, Technology Assisted Review | Tagged , , , , , , | Leave a comment

Morgan Lewis discussion in London on 13 June – Technology-Assisted Review: Fact or Fiction?

Morgan Lewis is organising a panel discussion at its London office on 13 June with the title Technology-Assisted Review: Fact or Fiction? The speakers are Tess Blair of Morgan Lewis, Maura Grossman of University of Waterloo and Maura Grossman Law, and Gordon Cormack of University of Waterloo.

None of these speakers really need any introduction to those familiar with the use of technology-assisted review for litigation, for regulatory investigations, for internal investigations and, increasingly, for legal work beyond disputes. Most discussions about TAR, not least judicial opinions and judgments, cite the work of Maura Grossman and Gordon Cormack on this subject. I will be the moderator, and it will be great fun to engage in discussion with them quite apart from the very obvious opportunity to learn from them.

We will define what TAR is and is not, describe how different kinds of TAR work, discuss how TAR can be used to reduce costs and achieve effective and proportionate discovery, review the scientific evidence for TAR, and talk about judicial acceptance of TAR in England and Wales, Ireland, Australia and the United States. Continue reading

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ACEDS UK event on 27 July: artificial intelligence

I have much enjoyed the two events which I have moderated in London for ACEDS UK Chapter. If you missed it, you may like to see the video of our GDPR panel.

The next ACEDS UK event is on 27 July and is called What is artificial intelligence and how can it be used by the legal community?

The aim is to make this a led discussion rather than a series of lectures. If you are interested in attending, please contact James MacGregor at FRONTEO  jmacgregor@fronteo.com who will give you more information.

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ACEDS webinar with OpenText on 17 May: Day in the Life: Discovery Professional Services

ACEDS and OpenText are organising a webinar on 17 May called Day in the Life: Discovery Professional Services.

Brian Shaw, Walker Hartz and Adam Kuhn of OpenText Discovery will talk about their own experiences, including their most memorable product projects, and (equal importantly) will share career advice with those who would like to work in eDiscovery.

There is more information and a registration form here.

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Relativity webinar on 17 May: negotiating TAR Protocols

kCura is hosting a webinar on 17 May called Negotiating TAR protocols: 7 questions in-house counsel must ask.

The speakers are Phil Favro of the Coalition of Technology Resources for Lawyers (CTRL), Dean Gonsowski of kCura, John Lavinder of DTI, and Amy Sellars of Walmart Legal.

Their aim is to help in-house counsel conduct appropriate discussions with outside counsel about technology-assisted review and other analytics tools, to suggest some best practices about strategy, and to identify the things to ask for in another party’s TAR strategy.

There is more information and a registration form here.

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Interview: Jon Lavinder of DTI-Epiq talks about emerging data and technology-assisted review

Jon Lavinder is Director, Technology-Assisted Review, at DTI. DTI has now merged with Epiq to become one of the largest players in the eDiscovery market and one with more experience of technology-assisted review than many others.

In this interview, John Lavinder talks about the very wide range of technology tools covered by the term “technology-assisted review”, and how the existence of these tools is helping lawyers to change the way they do things.

Continue reading

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AccessData 2017 European Tour

AccessDataAccessData has recently released Version 6.2 of its discovery software and is organising a tour of major European cities to introduce the new functionality.

The tour starts in London on 15 May and then goes to 7 other European cities – Frankfurt, Amsterdam, Paris, Rome, Vilnius, Bucharest and Prague.

The list is here with links to each event’s registration page.

While on the subject of AccessData, the company has just passed its 30th birthday – for ever, in terms of the ediscovery market. Here is a post called Happy 30th Anniversary to AccessData! by AccessData’s VP of Global marketing Lori Tyler in celebration of that milestone.

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Interview: Keith Conley on the benefits for clients of the DTI-Epiq merger

Keith Conley is President and Chief Operating Officer at DTI. DTI and Epiq are now a single entity, and I asked Keith Conley to explain the benefits of the merger for clients.

The combined company, Keith Conley says, is a global eDiscovery provider in over 40 countries. This brings unparalleled resources to support clients – the company has 65 forensic consultants and 300 Relativity-certified administrators. It is able to bring a dedicated team to dealing with Second Requests. Continue reading

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More evidence from the Internet of Things – this time a Fitbit

It is about two years since people started predicting that the Internet of Things would become a source of potentially discoverable evidence. At the time, Fitbits recurred as a theoretical example of a device which could yield useful material in a civil or criminal case.

That has now happened in Connecticut – the story is here. A husband told police that an intruder had killed his wife. He was quite specific about the time – he got home at about 9:00am after taking his children to school and was attacked by an intruder who shot his wife and then tied him to a chair.

His wife’s Fitbit showed that she was still moving until 10:05, an hour after the alleged shooting. Continue reading

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ILTA scholarships in honour of Browning Marean

ILTAILTA, the International Legal Technology Association, is again offering two scholarships for attendance at ILTACON 2017 which runs from 13 to 17 August in Las Vegas.

Browning MareanThe scholarships are in memory of my dear friend Browning Marean, a partner at DLA Piper US, who supported and encouraged many people in eDiscovery, including me, until his unexpected death in August 2014.

There is more about Browning Marean and about the scholarships here. The ILTA Conference is a great event for learning about eDiscovery, both formally in sessions and informally by the opportunity to talk to a very wide range of knowledgeable people, from the US and elsewhere.

There are two scholarships, an international one and a US one. The recipient of the international scholarship must live and work outside the US; the recipient of the US scholarship must live and work within the U.S. Applications for the scholarships should be made by 9 June.

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FTI on the GDPR: a business critical enabler for CIOs

FTI has an article in the recent edition of Raconteur called GDPR: a business-critical enabler for CIOs. One paragraph from it effectively summarises the rest. Talking of the General Data Protection Regulation, now only 13 months away, Sonia Cheng of FTI says:

“It is a major catalyst for change. The GDPR makes you ask questions such as what kind of data do you have, why do you have it and where does it flow? It will also provide the foundation for other services, including revenue generation and better customer service, as well as dealing with security breaches and preparing for cyber attacks.”

There is no running away from the fact that the biggest teeth in the GDPR are the potential for very significant fines for breaches of its wide-ranging terms. Sonia Cheng’s paragraph quoted above, however, reminds us that there are opportunities here both to remedy past omissions and to look for new revenues and new clients. Continue reading

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Interview: Brandon Mack of DTI-Epiq – technology assisted review in the real world

I interviewed Brandon Mack of DTI-Epiq recently, and opened by asking him what he meant by technology-assisted review. We went on to discuss how technology is changing the practice of lawyers, the widening scope of projects which use eDiscovery tools and skills, the impact of big data and the Internet of Things, and the normalisation of technology as it is seen by judges as well as lawyers. That is quite a lot for one short interview.

Technology assisted review is, Brandon Mack says, a very broad term. The market has seemed to make it synonymous with predictive coding, but in reality technology-assisted review is any mechanism that we use to enhance the effectiveness of review of data. Brandon Mack refers to deduplication as one example; others include clustering and email threading. Continue reading

Posted in Analytics, Big Data, Discovery, DTI, eDisclosure, eDiscovery, Electronic disclosure, Epiq, Internet of Things, Predictive Coding, Technology Assisted Review | Tagged | Leave a comment

Reminder: Sedona WG6 London event on 3 May on cross-border data transfers

This is a reminder that there is an interesting and important panel discussion next week in London when a panel organised by Sedona Conference Working Group 6 discusses the challenges of cross-border data transfers. I wrote about it here.

The focus will be on the challenges posed in relation to preservation and discovery obligations across borders. We will look at examples of current challenges, at whether these will change (for better or worse) under the GDPR, and at the likely effect of Brexit. Our aim is to incite dialogue.

There is more information here with a link to a registration form. Part of the purpose of this session is to encourage interest in the work of the Sedona Conference and in particular the cross-border and data protection work of Working Group 6.

There is no charge for this event and it is not necessary to be an existing member of the Sedona Working Group series in order to register. Should you have any questions on how to register, please don’t hesitate to contact info@sedonaconference.org.

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A roundup of eDisclosure developments in England and Wales – some rules

This is the second in a series of four articles about the rules and cases relevant to disclosure in England and Wales. The series is introduced here. Although this article is headed “eDisclosure developments” for consistency with the rest, there have been no new relevant developments in the rules themselves since the modifications made at the instigation of Lord Justice Jackson in 2013.

To repeat one thing from the Introduction, we are developing a new on-line resource to replace the one which disappeared on the last upgrade to www.edisclosureinformation.co.uk. This series is designed as an updater.

Without here purporting to give a full survey of the rules (that, as I say, is in the works) here are a few key elements, mainly ones which have been referred to in the more recent cases. The links are to the rule itself:

Rule 31.6 CPR – standard disclosure

The word “relevant” disappeared from this part of the rules in 1999. The test since then is whether documents are supportive of or adverse to the case of the giver or any other party. Have a look at Shah v HSBC Private Bank Ltd where the Court of Appeal said that the term “relevant” was fine for everyday use down to the moment when something turned on the precise construction of Rule 31.6 – “in cases of dispute it is important to stick with the carefully chosen wording of the rule”. Continue reading

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Interview: Matthew Geaghan of Nuix talks about the transferability of eDiscovery skills and technology

NuixLike Nuix itself itself, Matthew Geaghan began with the hard technology of forensics and grew from that into eDiscovery, digital forensics, incident response and cyber security, acquiring new skills as the focus changed.

Some retraining may be necessary, Matthew Geaghan said, but eDiscovery skills are a good platform for helping corporations with the wider challenges they face now. The balance is changing between the players; Matthew Geaghan referred to the “utopian vision of collaborative, cooperative triangulation between law firm, service provider and corporations”.

Everyone involved is certainly more aware of the details of the technology available to address the issues, he says, and there are opportunities for those willing to adapt.

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FTI webinar on 18 May: using information governance strategies to prepare for the GDPR

Although many companies are effectively preparing for the new regulatory environment of the General Data Protection Regulation, many are not. There are anecdotal suggestions that some companies have abandoned existing compliance efforts under the misapprehension that Brexit will make the GDPR irrelevant within the UK.

That is not so, for two reasons. The most obvious is that the GDPR, taking effect as it does in May 2018, will be in force well before the earliest possible date for Brexit, and organisations will therefore be subject to its provisions for at least a year (and probably rather longer).

The other reason is that, however isolated the UK is after Brexit, it will still need to take part in cross-border data flows, not least those involving the US.

There is a third reason: many of the provisions of the GDPR are things which companies ought to be doing anyway, with or without a regulatory whip at their back. To take one example, the GDPR will require organisations to report data breaches (and these are very widely defined) within 72 hours of their occurrence. While the potentially significant GDPR fines are a big spur to action, so too are the risks which follow from negative customer reactions, from shareholder unease and from other factors which matter very much for a company’s profile.

FTI has long had significant expertise in this area. Its webinar on 18 May, done in conjunction with Bloomberg BNA, will cover (among other things): Continue reading

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Relativity webinar on 27 April: putting a leash on the Internet of Things

One of the recurring themes in this blog is the need to be aware of the increasing amount of personal data collected about us every day by our own devices.

This, whether we like it or not, is used by organisations to put us into categories for marketing and other purposes. They use ever more sophisticated analytical software to draw conclusions both about people en masse and about each of us individually.

A webinar organised by kCura is an opportunity to find out how this data is collected and what is done with it. The main discussion points include: Continue reading

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Sedona Conference WG6 event in London on 3 May: the challenges of cross-border data transfers

The Sedona Conference Working Group 6 covers international electronic information management, discovery and disclosure, including data protection issues. WG6 has three membership-building events coming up, one in Chicago on 24 April, one in London on 3 May and one in Washington DC on 9 May.

The London event is sponsored by Swiss Re (whose offices in the Gherkin will host the event) and by international eDiscovery provider Consilio.

The panel members are Matthew Davis of Consilio, Natascha Gerlach of Cleary Gottlieb, David Mayo of Deutsche Bank and me. The moderator is Monika Kuschewsky of Squire Patton Boggs.

As you can see from the event description here, our intention is a dialogue on the challenges posed by cross-border data transfers, specifically in relation to preservation and discovery obligations. Our main focus will be on the likely effect on data transfers of the GDPR and Brexit but we will range widely within the broad topic heading. We are keen to involve the audience and are happy go down avenues suggested by audience questions. Continue reading

Posted in Brexit, Consilio, Cross-border eDiscovery, Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, GDPR | Leave a comment

A roundup of eDisclosure developments in England and Wales – Introduction

I went recently with Recommind (now OpenText) to talk to a City law firm about developments in eDisclosure in England and Wales. I have done a few of these with Recommind over the years, where we divide an hour between me talking about rules and cases and Recommind showing how their software, and particularly the predictive coding element of it, is relevant to modern disclosure duties.

When we originally devised it, this program focused on Practice Direction 31B, the Electronic Documents Questionnaire and the 2013 amendments to the rules instigated by Lord Justice Jackson. We reckoned that these building blocks were now old hat for a firm of this calibre, and I put together a new agenda which, while reciting a few key (and often misunderstood) rules, concentrated on the lessons from the more recent cases. What follows (divided into four posts) is a summary of what I said, with links to case reports and articles which I wrote at the time of the judgments.

My son Will and I are working on a replacement for the resources which I used to keep on my website and which disappeared with the latest website update. The content is more or less sorted out, but the mechanics will take us a while, and these posts might serve as an interim update. Continue reading

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Epiq: eDiscovery seminar in Singapore for financial services teams on 25 April

Epiq is organising an eDiscovery seminar for financial services teams to be held in Singapore on 25th of April 2017.

The context is the ever-increasing regulatory scrutiny, the growing complexity of cross-border investigations, and the increasing need to keep track of corporate data as growing volumes conflict with increasing constraints and controls.

The seminar will cover emerging business data trends and Epiq’s business intelligence platform, DMX, and its role in bringing both insight and efficiency to the eDiscovery process.

There is more information about this here, including contact details for seeking further details.

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LinkedIn entry as evidence of shadow director status

Lawyers are beginning to get the idea that the definition of a “document” in the discovery rules extends to entries on social media such as LinkedIn, Facebook and Twitter. There remains the perception, however, that these things are relevant only to crime and personal injury claims and that they have little bearing on corporate or commercial litigation.

Gordon Exall’s Civil Litigation Brief is, as so often, the first to point us to a case called Green v Marston. The point at issue was whether a Mr Lochner was a de facto director of an insolvent company.

In his article Social media and civil evidence: what did you say on LinkedIn? Gordon Exall points us to paragraph 52 of the judgment in which Lochner’s LinkedIn profile described him as corporate finance director of the company until after the liquidation date. Continue reading

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The Sedona Principles transcend jurisdictional differences

There are those among you, I know, who glance at the heading and opening paragraph of these posts and decide not to read those which do not relate to your own jurisdiction. That is understandable in many cases, but the recent release of the Third Edition of the Sedona Principles has value beyond the US and the Federal Rules of Civil Procedure.

This is a public comment version, with comments invited by 30 June 2017. Its full title is Best Practices, Recommendations and Principles for Addressing Electronic Document Production and, while some of its provisions are expressly rooted in particular Federal rules, the Principles (whether with or without a capital P) have application almost anywhere which requires discovery of electronic documents. Continue reading

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Interview: Ian Campbell of iCONECT on the theme of Choices

xera_logoweb_200piCONECT’s theme for Legaltech was CHOICES, and I asked CEO Ian Campbell what was the significance of this word.

Ian Campbell explains that “Choices” is a recurring theme throughout the use of the iCONECT-XERA platform – there are, for example, choices in licensing, choices in the tools to use, choices in workflow and choices in language.

There are also choices in viewing platform including (as I wrote here) the ability to review progress on a mobile phone.

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Video of our ACEDS panel on the GDPR – a hypothetical case study

In early March, I took part in a panel about the GDPR organised by the ACEDS London chapter. I moderated, and the participants were Daniel Cooper of Covington, Susan Knox of Mayer Brown and Will Wilkinson of Yerra Solutions.

Mayer Brown kindly provided the very fine auditorium and Yerra Solutions sponsored the drinks. In addition to that, Yerra Solutions arranged for the event to be recorded on video, and the result is now available here:

Continue reading

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AccessData webinar on 26 April: taking your investigations to new heights with AccessData 6.2

AccessDataAccessData is presenting a webinar on 26 April at 11.00am PDT / 2:00pm EDT to talk about the newest features in its flagship eDiscovery product AccessData 6.2.

The main changes relate to the speed of processing, to scalability and to a much improved user experience. A webinar like this is a quick and easy way to find out what is new.

There is more about this webinar here, including a registration form.

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Interview: Erika Namnath of H5 on how H5 uses Relativity for its clients

I get the opportunity from time to time to talk to people from Relativity partners to find out how they use Relativity to help their clients. H5 is a Relativity Premium Hosting Partner which has long had a very good name for sophisticated search applications designed to reduce very large volumes of documents to manageable collections of those which matter.

I recently interviewed Erika Namnath who is Associate Director, eDiscovery at H5 and asked her to tell me how H5 uses Relativity to manage eDiscovery.

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Hal Marcus of OpenText on AI and the increasing take-up of predictive coding by lawyers

Hal Marcus is Director of Product Marketing at Recommind, an OpenText company. He is one of the more eloquent proponents of the use of predictive coding, not just as a technical matter, but as a significant advance on the way lawyers deal with large volumes of documents under pressure of both time and costs.

In this interview, I begin by repeating the rather cynical old assertion that lawyers would take to predictive coding as soon as something newer came along. Is Artificial Intelligence that new thing which will persuade lawyers that it is now right for them to use predictive coding?

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FTI Consulting: Contract management can uncover value as well as risk

A recent edition of Raconteur included an interesting article about the growing understanding of the value of contract management and the role FTI Consulting plays in that. The need to be on top of a company’s contractual obligations, and the obligations owed to it by others, is something which looks both backwards and into the future. Many organisations have very many – sometimes tens of thousands of – contracts which have historically not been subject to any form of central control. No one part of the organisation knows what these contracts are or where they are, still less what they say.

It becomes increasingly important to know and understand what lies in these contracts, both the risk and the hidden value. It is necessary not only to grasp what exists already but also to manage properly future contracts. The skills and technology developed by FTI for handling eDiscovery exercises is well tuned for application to the management of contracts. Continue reading

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Interview: Adi Elliott of DTI-Epiq talks about eDiscovery in the cloud

Adi Elliott is VP, Market Planning at DTI / Epiq. Some people are talking about eDiscovery in the cloud as if this is something new, and it seems important to be clear both that eDiscovery has long been managed from the cloud and that many other business services and processes have similarly been run on software and servers owned and managed outside the organisation.

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DTI invests in Valora Technologies for auto-classification, predictive analytics and data mining

The merger last year of DTI and Epiq made one of the largest and most significant players in the global legal technology market. I recently interviewed Keith Conley, President and COO at DTI, who emphasised (among other things) the in-house capability of the merged business to provide in-house processing with DMX. The implication was that DTI / Epiq would bring its resources to developing and enhancing technology and not just to using it.

That intent is further evidenced by the announcement last week that DTI has made a strategic investment in Valora Technologies. Valora has long been a significant name in auto-classification, predictive analytics and document data mining technologies for information governance, eDiscovery and Records Management. It has remained narrowly focused in this niche area, becoming a respected specialist in its field. DTI’s investment is described as “the beginning of the coming-of-age of auto-classification” as well as evidence of DTI’s commitment to the technology behind information governance solutions. Continue reading

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Consilio offers External Spend Optimisation for corporate law departments

ConsilioPart of the rationale behind Consilio’s acquisition of Huron Legal was to expand its involvement in helping corporations understand and measure their external spending on legal services.

It is trite to say that legal departments want to reduce their budgets and to identify the most cost efficient ways of spending their money. Consilio’s External Spend Optimisation solution offers practical strategies to maximise the value of legal spending.

The key to this is benchmarking information which allows comparison between the value of services offered by different providers. Consilio conducts regular surveys aimed at establishing these benchmarks, and offers both experienced staff and its legal spend analytics and benchmarking tool, Sky Analytics, which is designed to bring together all the information about the external costs into a single place.

There is a press release about this here.

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Welcome to Brainspace as a sponsor of the eDisclosure Information Project

I am delighted to say that Brainspace has become the latest sponsor of the eDisclosure Information Project.

Brainspace creates machine-learning software designed to analyze massive amounts of unstructured data very quickly. Brainspace explores data – not just words and phrases, but also their context and meaning — dynamically identifying and organising documents into related clusters so that the user can immediately focus on exploration and learning.

The Brainspace tagline is Augmenting Investigative Intelligence, emphasising that human input is a critical component in the exploration. Brainspace builds clusters without human intervention. Its Concept Cluster Wheel groups documents by conceptual similarity much like a map and, as with a map, the user can navigate to neighbouring clusters. There is a page about this here. Continue reading

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Interview: Robin Snasdell of Consilio talks about the value of contract management

ConsilioRobin Snasdell is Managing Director at Consilio. I interviewed him recently, and asked him to explain what contract management is and why companies would go to Consilio for help with it.

Robin Snasdell says that companies which are engaged in some kind of contract management technology implementation look for opportunities to do more with the technology and get more value from its use.

There are big opportunities to take legacy contracts and move them into the technology, to extract data and metadata from them and use the resulting information to enhance the business. Continue reading

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Interview: Tom Palladino talks about the NightOwl Discovery Client Advisory Group

NightOwlNightOwl Discovery has recently set up a formal practice area called the Client Advisory Group. I took the opportunity at Legaltech to ask NightOwl’s president, Tom Palladino, what this means for NightOwl and its clients.

Tom Palladino says that NightOwl has always offered professional services to its clients over its 25 years. For the last six years, much of the advisory work has been done directly for corporations rather than for law firms. The Client Advisory Group was a formalisation of these established services.

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kCura’s London Relativity Fest on 25 April

kCura has organised a London event since 2013. It has had various names since then, most recently the “Relativity Spring Roadshow”, but I was not the only one who always thought of it as Relativity Fest London in line with kCura’s major conference in Chicago every autumn.

In 2017, Relativity Fest London is actually what it is to be called. An article here on the kCura site explains the varying names and purposes of this event as it changed from being a product launch occasion into one of the largest eDiscovery / eDisclosure events in the UK.

I took part last year leading a panel on predictive coding developments in the UK. That grew into a multinational (US, Ireland and UK) panel at Relativity Fest proper in Chicago.

This year I am taking part in a panel which includes US Magistrate Judge Andrew Peck and former Senior Master Steven Whitaker at which we will consider the extent to which jurisdictions can learn from each other’s rules and practical experiences, including the use of technology. The moderator will be David Horrigan of kCura.

My other panel is called Issues in cross-border eDisclosure and data protection. Again, David Horrigan will moderate, and my fellow speakers are Meribeth Banaschik of EY, Audrey Byrne of McCann FitzGerald and Jonathan Maas of the Maas Consulting Group. Continue reading

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FRONTEO appoints Craig Carpenter as CEO

One of the best things about my job is that I get to meet the senior people at the major companies in the eDiscovery markets. Quite apart from their influential position in the eDiscovery industry on which I comment, they are people I actually like to spend time with.

One I had missed until recently was Andy Jimenez, CEO of FRONTEO. I sat opposite him at a dinner organised by kCura at Legaltech and heard him speak on a kCura panel the following day, and regretted that I had not had the opportunity to meet him earlier. Wit and merriment are not necessarily the defining characteristics of this industry’s leaders, and Andy has them both, on top of a deep understanding of what clients want in the industry.

I’m sure there is no connection, but just as I have met him, Andy Jimenez is leaving FRONTEO. The positive aspect of this, so far as I’m concerned, is that his successor is Craig Carpenter whom I have known for ever, originally when he was CMO at Recommind (now OpenText). Continue reading

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Jake Frazier of FTI on the importance of information governance

Jake Frazier is one of the most eloquent advocates of the idea that organisations need to have in place a robust information governance programme which brings together the various departments, including IT and legal, who have an interest in managing data.

I recall speaking to him when he was first appointed to FTI when he emphasised the importance of picking projects which simultaneously mitigated risk, uncovered value and, significantly, were achievable in a reasonable timeframe. If you can quickly show a return, in whatever form, then it is more likely that you can get budget allocation to do some more in the next year.

Keeping data has a cost, in terms of the infrastructure and personnel needed to look after it, and in terms of the prospective or contingent cost of meeting eDiscovery demands, falling foul of some compliance obligation, or having it attacked in a cyber security incident of some kind. There is a balance to be struck between that cost and the investment needed to mitigate the cost and uncover value. Continue reading

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Lynn Frances Jae named as Marketing Director at iCONECT

I have bumped into Lynn Frances Jae at almost every US eDiscovery conference I have been to, and it is a pleasure to see that she has been appointed Marketing Director of iCONECT.

She has 17 years of marketing experience in eDiscovery and information governance – which means “forever” in the context of a new industry, and reaches iCONECT at a time when it is on a roll after the many developments and enhancements which I have reported over the last year or so.

iCONECT CEO Ian Campbell said:

“As the eDiscovery landscape continues to shift, Lynn’s breadth of experience will keep iCONECT focused on the needs of both our clients and channel partners. We are experiencing expanded adoption of the XERA platform, and her marketing efforts will help us to understand the clients, anticipate their needs and provide clear and intuitive messaging.”

There is a press release about this appointment here.

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Interview: Jill Brock of FRONTEO talks about FRONTEO’s ROI Analyser

Jill Brock is Director of Marketing at discovery and analytics provider FRONTEO. I caught up with her at Legaltech and asked her to tell me about FRONTEO’s ROI Analyzer which was launched at the end of 2016.

The ROI analyser is a web app designed to help scope out managed review projects. It guides the user through various inputs such as the timeframe, the number of documents, the nearest FRONTEO review location and other factors relevant to the calculations.

A slider enables you to fine-tune the inputs. The particular example given by Jill Brock is the ability to decide what elements of the task might be performed in-house as opposed to outsourcing them. The ROI analyser will show how a different balance between these two ways of achieving the objective will affect the time and the cost of the project.

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Getting informed about choosing to work differently at the British Legal Technology Forum ’17

I have not been before to the British Legal Technology Forum. Most of the events I attend have eDiscovery / eDisclosure at their heart, and I had sensed (perhaps wrongly) that most of the exhibitors and the talks have been off my patch.

I went to it last week, partly because I was invited to speak, and partly because a larger proportion of the people, subjects and activities touched on areas which matter to me. This is perhaps because electronic discovery – the process of extracting information from data for the purpose of disclosing it to other parties – has itself spread to encompass both wider subjects and technology with purposes beyond eDiscovery. As well as mainstream eDiscovery providers like Epiq, exhibitors included, for example, the analytics software provider Brainspace whose tools have a wider remit than eDisclosure but which are nevertheless increasingly bound into eDiscovery processes. Artificial intelligence software company Neota Logic was there as well, reminding us that we are not far from building AI tools and processes into eDiscovery. The skills and tools are spreading their wings more widely than disputes, and the people are beginning to follow.

The chairman for the day was Professor Richard Susskind, and the agenda took its tone from his interest in the crossover between technology tools and the people who use them or rely on them, whether as users or as the clients for whose benefit the work is done. Continue reading

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In government as in business, having no institutional memory means waste and lost opportunity

A Twitter thread from George Peretz QC draws attention to an article from the Institute for Government called Policy reinvention leads to huge waste and little progress.

In a series of tweets, Peretz laments the lack of institutional memory in government “made worse by stripping out of middle management and end of ‘the file'”. He paints a picture of civil servants covering ground already discussed because no one presently in charge has access to any human or any tangible (“the file”) means of recalling past labours.

Much the same ground was covered in an article in The Times on 24 January called Whitehall wastes £500 million a year on rehashed policies (subscription required). Continue reading

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OpenText on using discovery analytics to solve GDPR challenges

In talking about the pending General Data Protection Regulation, I always take the opportunity to suggest that GDPR requirements might be the spur to the amorphous concept of information governance, providing the return on investment which companies have hitherto sought in vain.

I also draw attention to the application of eDiscovery skills and tools to an ever-wider range of problems from contract management to M&A. The identification of personal information in large bodies of documents, required for GDPR compliance, is an obvious example of this.

Adam Kuhn of OpenText has written a useful and interesting article on this called How we’re using discovery analytics to solve GDPR challenges. The whole (and short) article is worth reading, but its nub lies in this paragraph:

In this way, you can start with a known dataset (like your vendor contracts database) and then leverage analytics to identify unknown, risk-prone documents. As you review more documents and find more PII-laden content, the algorithm is constantly learning in the background. It conducts broad sweeps of your remaining data to prioritize batches of content that are likely to contain PII. What’s more, these algorithms can run on an issue-specific basis—a crucial ability since the GDPR distinguishes between “personal data” and “sensitive personal data.” Continue reading

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Cautionary tales of boilerplate and specificity

A US case brings us some RTFR (Read the F* Rules), a difference of emphasis between US rules and those of England and Wales, an opportunity to ask what “boilerplate” means, and a word to avoid if possible when speaking.

In a case called Fischer v Forrest, US Magistrate Judge Andrew Peck warned parties, in both specific and in general terms, about compliance with the Federal Rules of Civil Procedure as amended from 1 December 2015.

His particular points relate to responses to discovery requests, of which he says that:

They must state grounds for objection with specificity;

An objection must state whether any responsive materials are being withheld on the basis of that objection; and

Parties must specify the time for production and, if a rolling production, when production will begin when it will be concluded.

His more general point is that rules, including “new” rules, are there to be obeyed; that compliance involves more than an airy wave towards the spirit of the rules; that boilerplate text (for example that used for raising objections) must be updated to reflect the recent rule changes; and, not least, that failure to comply with the rules has consequences. Continue reading

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Giving a sense-check to data from sentiment analysis and other analytical tools

NuixAn interesting article called The sentiment at Legalweek 2017 by Angela Bunting, Director of eDiscovery at Nuix, considers the value of sentiment analysis tools.

Angela Bunting took data relating to Legaltech – tweets with relevant hashtags and blog posts – and put it into software which purports to analyse sentiment. The software’s conclusion was that the material was overwhelmingly negative, which does not accord with her own sense of what was said about the show.

As Angela says, cultural variations, slang, irony and sarcasm all raise difficulties when subjected to computer analysis. Looking at my own article about Legaltech, which was largely enthusiastic about it, I can see that some of the content and phrasing, not least the passages in which I write about the reported reactions of others, might lead to the overriding conclusion by sentiment analysis software that I was unimpressed. A human would, (I hope) understand that I set out the objections in order to knock them down. Legaltech is a tall poppy and, as I observed in the article, some people do like to moan about it; that instinct, when added to more justified criticism, might well give sentiment analysis tools the “wrong” idea because they lack the ability to overlay their conclusion with understanding of the human motive behind some of the inputs. Continue reading

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Data in unlikely places: measuring effort and performance – and not just for discovery

I have published articles recently on the prevalence of data in the increasingly wide range of devices which people use every day, perhaps without much thought. That lack of thought becomes significant when the data may be relevant for discovery purposes.

It is not just potential discovery data which may be captured by these devices. A marathon runner was apparently caught out by a mixture of photographic and performance data, and the difference between a marathon and a sprint can now, it seems, be captured by a wi-fi enabled condom. More on these diverse subjects below.

By “discovery” I do not simply mean because it is required for civil litigation or in the course of an internal regulatory investigation. It is relevant also to criminal investigations where data may help the authorities to obtain a conviction or, just as importantly, to help a suspect achieve acquittal.

My constant repetition on this subject has, I now see, omitted some unlikely-sounding sources.  I am obliged to Andrew Haslam of Squires Patton Boggs for drawing to my attention my first example, a heart pacemaker, which he found in an article headed Data on man’s pacemaker led to his arrest on arson charges. Continue reading

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Interview: Ian Campbell of iCONECT talks about speeding up document review

xera_logoweb_200pIan Campbell is President and CEO of iCONECT, the makers of the iCONECT-XERA review software.

iCONECT has been working on speeding up review, responding to lawyers who ask “how quickly can get through these documents?”.

In this interview, Ian Campbell says that there have been more than 200 recent optimisations made to XERA designed to speed up review.

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Graphical illustration from FTI on data from mobile devices

fti_consulting_200Although I have recently mentioned mobile data in a different context, there is no harm in rubbing the point home with a second reference.

FTI’s webpage headed Mobile device eDiscovery and investigations has an infographic which, as these things are meant to do, draws attention to some of the hard facts which link mobile data and eDiscovery.

Being a US site, there is inevitably focus on the sanctions which have been faced by litigants who get this wrong. There is a more positive value, perhaps, in the guidance designed to help you get it right.

One part of the graphic illustrates a point which I make frequently – if you do not know or think about the devices which may hold potentially discoverable data then you never reach the point of deciding whether it is useful and proportionate. That applies whether you are considering your own clients’ devices or those of other parties. Continue reading

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ACEDS London panel – get a DPO and do some IG before the ICO enforces the GDPR against YOU

ACEDS_200Last year I moderated the panel which launched the ACEDS UK Chapter. Our subject was predictive coding, and the combination of the subject-matter and the organising skill of the ACEDS UK committee got us a large audience by London standards. Last night, ACEDS did it again, this time with the pending General Data Protection Regulation. Mayer Brown let us use their extremely fine auditorium. Yerra Solutions sponsored the event and, once again, James MacGregor of FRONTEO kindly asked me to moderate.

As with predictive coding, it would be fair to say that this subject has had a lot of attention, and on both sides of the Atlantic. The difference is that the GDPR has a pending deadline, and our theme was that if you wait until the deadline expires, you have almost certainly left it too late. When confronted by a problem requiring an understanding of predictive coding, you can engage experts at short notice to help you. The finest GDPR experts in the world will not get you to achieve GDPR readiness overnight. Besides, they are all likely to be rather busy when that day comes in May 2018.

The panel consisted of Sue Knox of Mayer Brown, Will Wilkinson of Yerra Solutions and Dan Cooper of Covington (seen in that order in the picture below with me at the end).

acedspanel

Sue Knox drafted an excellent hypothetical case which touched on many of the points which companies should be considering. We decided to set the discussion in June 2018 to add a note of urgency, and many of my questions to the panel were phrased in the form “What should the company have done in advance to avoid the problems it faces now?”. Continue reading

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Interview: Richard Dilgren of FRONTEO talks about RelativityOne

Fronteo_200Richard Dilgren is International Director, Data Science and Strategy, at eDiscovery and analytics company FRONTEO.

On the day I interviewed him at Legaltech, FRONTEO and kCura announced that FRONTEO had become a RelativityOne Certified Partner – the press release is here – and I took the opportunity to ask Richard Dilgren what this means for FRONTEO and for its clients.

The main significance, Richard Dilgren says, lies in the reliability of the Microsoft Azure Cloud. Clients have a unified Portal both for traditional Relativity use and for the web-based, cloud-based databases. In addition, there is significant new functionality, and there are “exciting new tools” coming out, including a plug-in to Office 365.

Quite apart from functionality, the direct connection into Office 365 from anywhere in the world will significantly increase the speed of access.

In addition, the global presence of the Azure Cloud will help clients deal with the increasing issues raised by privacy and data protection constraints around the world.

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Nuix webinar on 1 March: bridging the gap between mobile and computer forensics

NuixAlmost any kind of investigation involves pulling information from multiple sources. Police investigating a crime, journalists following a lead, academics drafting a paper – all of these require examination of different types of source.

The sources multiply in criminal, legal and regulatory investigations. We used simply to collect documents and interview witnesses. Now the sources of evidence are spread across many different devices and data types. Many of these devices are mobile, and the location at any particular time may become a relevant consideration in addition to other data.

Nuix is running a webinar on 1 March called Forensics in a mobile world: bridging the gap between mobile and computer forensics which considers, among other things: Continue reading

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Tchenguiz v Grant Thornton – proper use of the disclosure “menu” and the overriding objective

Nothing new emerges from the judgment of Mr Justice Knowles in Tchenguiz & Anor v Grant Thornton UK LLP & Ors [2017] EWHC 310 (Comm) (22 February 2017), but it restates an important point relating to disclosure of documents in England and Wales.

The key paragraphs are 4 and 5. The emphasis by italicisation below is mine.

Disclosure

4.  The cost and complexity of the disclosure of documents in large-scale commercial litigation continues to attract attention and thought. As a result of the major review undertaken by Sir Rupert Jackson the Civil Procedure Rules now provide, by CPR 31.5(7), a calibrated “menu” of forms of order that can be made in relation to disclosure. This allows disclosure to be tailored to the case or issue in the case. It is a signal development, but awareness and use of it needs to increase so that the opportunities it offers can be made the most of.

5. The overriding objective, at the apex of the reforms led by Lord Woolf, is now found in other parts of the world too. It guides disclosure as it guides the rest of the CPR. Thus the selection from the “menu” at CPR 31.5(7) is to be made “having regard to the overriding objective and the need to limit disclosure to that which is necessary to deal with the case justly”. And strides continue to be made in relation to how the disclosure that is ordered, including disclosure of electronic documents, can best be carried out: see further CPR 31.5(8) and (9). But again, more could be made of the opportunities here. Continue reading

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Interview: Craig Earnshaw of FTI Consulting on changes in eDiscovery over his long career

fti_consulting_200Craig Earnshaw, Senior Managing Director at FTI Consulting, has been working in FTI’s Technology segment for 10 years and had already spent ten years in the then-nascent eDiscovery and Computer Forensics world before that.

I thought it would be interesting to interview him about the changes which he has seen over that time.

Craig identifies three main changes in his time in eDiscovery. One is what he calls the “frequency of requirement” – the increasing need to look at data on a computer system for any disputes/investigations exercise. Continue reading

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Nuix Insider Conference in London on 23 March

NuixThe annual Nuix Insider Conference takes place in London on 23 March. It is a one-day educational event designed to help users improve their practical knowledge of Nuix, to see the latest features, and to find new ways to use Nuix effectively.

Much of this value comes from Nuix itself, but much of the benefit of going comes from talking to others who face the same problems and challenges as you.

There is a registration form here.

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