Monthly Archives: March 2010

A week of positive opportunities in e-Disclosure

There are two reasons for running a week’s worth of reports and comments into a single article. The least meritorious of them is that I will not keep up with it all if I do not do a composite post. … Continue reading

Posted in Court Rules, CPR, Data privacy, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Litigation costs, Lord Justice Jackson | Leave a comment

Reasonably accessible tapes in cartoon and Court of Appeal

I resist passing on all Tom Fishburne’s wonderful Case in Point cartoons which he does for CaseCentral – this is supposed to be a serious place, and I don’t want Fishburne eclipsing my own occasional forays into the lighter side … Continue reading

Posted in CaseCentral, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation costs, Litigation Support | Leave a comment

Using marketing to make people hate you

There is more to marketing than making yourself heard – that is just a process, achieved with money and effort. The objective, however, is to make people buy from you, not hate the sight and sound of your name. Bad … Continue reading

Posted in eDisclosure, eDiscovery, Electronic disclosure, Litigation Support, Marketing, SEO | Leave a comment

Gucci v Curveal: a blow for US interests – whichever way you understand that expression

British 19th Century “gunboat diplomacy” and the song The Wreck of the Old 97 are what came to mind when I read the latest Opinion of a US court about the relative importance of US interests and the laws of … Continue reading

Posted in Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, EU, Forensic data collections | Leave a comment

Legal Efficiency supplement in The Times today

Raconteur has produced an excellent supplement for today’s Times on Legal Efficiency which includes a report by Professor Dominic Regan of an interview with me. Having, as I do, the luxury of writing about anything I choose, it is good … Continue reading

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

Talking rather than writing – normal service will be resumed soon

The relative silence on these pages recently does not imply that I have run out of things to say (sorry about that) merely that I have had a good run of being out and about, or making plans for future … Continue reading

Posted in Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Litigation costs, Lord Justice Jackson | Leave a comment

A flying visit to Edinburgh

The spate of blog posts last week-end was a clearing of the decks in the knowledge that I would not have much writing time for a bit. The Edinburgh trip which is the subject of this post is being followed … Continue reading

Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Forensic data collections, LiST, Litigation, Litigation costs, Litigation Support, Raposa Consulting, Scottish Courts, Trilantic | Leave a comment

7Safe eDiscovery networking event on 15 April

7Safe is holding an eDiscovery networking event on Thursday 15 April at The Hoxton Hotel, 81 Great Eastern Street, London EC2A 3HU at 6.30pm. It is to mark the official launch of their hosting of Anacomp’s CaseLogistix, one of the … Continue reading

Posted in 7Safe, Anacomp, CaseLogistix, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Litigation costs, Litigation Support, Lord Justice Jackson | Leave a comment

Vector Investments: successful claimant made to pay for unhelpful disclosure

Is quite rare to come across UK cases where the quality and costs of disclosure become the subject of a reported judgment. In rare cases such as Digicel, Earles or Goodale, disclosure is either the primary subject-matter of the judgment … Continue reading

Posted in Case Management, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Litigation costs, Litigation Support, Lord Justice Jackson, Part 31 CPR | Leave a comment

New e-Disclosure articles on the SCL website

The website of the Society for Computers & Law has two new articles about electronic disclosure. One is by barrister Clive Freedman of 3 Verulam Buildings and is called Disclosure: the Proposed Rule Changes. It summarises succinctly the elements in … Continue reading

Posted in Case Management, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Litigation costs, Lord Justice Jackson, Part 31 CPR | Leave a comment

Stratify and CaseLogistix manage e-Discovery for the Valukas report on Lehman collapse

I am reasonably sure that I will not find time to read the 2,200 page Valukas Report on the collapse of Lehman Brothers. Fortunately, Gregory Bufithis of The Posse List has extracted from it the description of the electronic discovery … Continue reading

Posted in Anacomp, CaseLogistix, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Iron Mountain Stratify, Litigation Support | Leave a comment

Welcome to Recommind as a sponsor of the e-Disclosure Information Project

It is very good to be able to extend a warm welcome to Recommind as a new sponsor of the e-Disclosure Information Project. As the focus for e-Discovery / e-Disclosure turns increasingly on to the way companies collect and manage … Continue reading

Posted in Discovery, Document Retention, Early Case Assessment, eDisclosure, eDiscovery, Electronic disclosure, Litigation Readiness, Litigation Support, Recommind | Leave a comment

Welcome to H5 as a sponsor of the e-Disclosure Information Project

It is a great pleasure to be able to put up the logo of information retrieval company H5 as a new sponsor of the e-Disclosure Information Project. I described H5 in a recent article as “a cross between a commercial … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, EDRM, Electronic disclosure, H5, Litigation Support | Leave a comment

Standards and outcomes: Hitler, the NHS, the police, social workers – and e-Disclosure

My heading, I appreciate, looks like the components of some random word game. There is in fact a connection, and it is to do with the supremacy of result over procedure and of destination over the journey. Hitler, the NHS … Continue reading

Posted in Case Management, Civil justice, Court Rules, CPR, Discovery, eDisclosure, Electronic disclosure, Litigation, Litigation costs, Lord Justice Jackson, Part 31 CPR | Leave a comment

Free use of Equivio Early Case Assessment Software for up to one million documents

Equivio is offering to make its early case assessment application Equivio>Relevance available to a limited number of participants in what they call the Equivio>Relevance Challenge – see the press release and sign-up page for details. Most lawyers can understand the … Continue reading

Posted in Court Rules, CPR, Discovery, Early Case Assessment, eDisclosure, eDiscovery, Electronic disclosure, Equivio, Judges, Litigation, Litigation costs, Litigation Support, Lord Justice Jackson | Leave a comment

EDiscovery leads in March issue of American Legal Technology Insider

The March issue of Charles Christian’s American Legal Technology Insider is available here. It leads with the headline Shake-up time for e-Discovery sector, with Iron Mountain’s acquisition of Mimosa Systems and the report that Marsh & McLennan Companies are putting … Continue reading

Posted in eDisclosure, eDiscovery, Kroll, Legal Technology, Litigation Support | Leave a comment

Cloud Computing: Privacy, Disclosure and Discovery Considerations

There is a free webinar on 11 March callled Privacy, Disclosure and Discovery Considerations stemming from Cloud Computing. It is put on by Wave University and CT Summation and the speakers are Dan Regard of iDiscovery Solutions, Inc., eDiscovery Specialist … Continue reading

Posted in Data privacy, Discovery, eDiscovery, Electronic disclosure, EU, Litigation Support, Summation | Leave a comment

Cats Legal partners with Digital Reef

I wrote recently about Cats Legal, the combination of established print solutions provider Cats Solutions and litigation support provider LDSI (see Cats Solutions combines with LDSI to become Cats Legal).  My planned meeting with Mark Wagstaff of Cats Legal had … Continue reading

Posted in Cats Legal, Digital Reef, Discovery, eDisclosure, eDiscovery, Electronic disclosure, LDSI, Litigation Support, Lord Justice Jackson | Leave a comment

Georgetown Law: who provides eDiscovery education?

Georgetown Law E-Discovery Law Blog carries an article by George Rudoy of Shearman & Sterling which moves away from the certification argument (see my post Rudoy on eDiscovery certification – reality or myth) and on to the question about who … Continue reading

Posted in E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Litigation Support | Leave a comment

Hitler and Cloud Computing Security

No film scenes can have received as many mashups as the extract from Downfall (Der Untergang) in which Bruno Ganz’s Hitler berates his generals and other clips in which Der Führer gets very cross. Variants include Hitler phones an Indian … Continue reading

Posted in Litigation Support | Leave a comment

New web site for e.law Asia-Pacific

I can see why it has taken e.law some time to assemble their new website following the acquisition of CCH Workflow Solutions in November 2009. The integrated business now covers a very broad range of activities across a wide geographical … Continue reading

Posted in Australian courts, Discovery, e.law, eDisclosure, eDiscovery, Electronic disclosure, FTI Technology, Litigation, Litigation costs, Nuix, RingTail | Leave a comment

EnCase Portable brings data collection to your desktop

The idea that a law firm might keep a copy of Guidance Software’s EnCase Portable in a drawer for on-the-spot collections leads into a discussion about how much a firm needs to know. I will let Guidance Software speak for … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Forensic data collections, Guidance Software, Litigation, Litigation costs, Litigation Support | Leave a comment

First law firm commentary on Goodale v MoJ

Congratulations to Tim Constable of Matthew Arnold & Baldwin who seems to have been the first solicitor to get out some information to clients on Senior Master Whitaker’s judgment in Goodale v Ministry of Justice. His article E-disclosure – the … Continue reading

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

Legal Efficiency Supplement in the Times

I mentioned in passing in my post of last night that  I am to interviewed by Dominic Regan for a special report which Raconteur are publishing  on Thursday 25 March in The Times newspaper. Called Legal Efficiency,  it will look … Continue reading

Posted in eDisclosure, eDiscovery, Electronic disclosure, Legal Technology, Litigation, Litigation costs, Litigation Support, Lord Justice Jackson | Leave a comment

Spring Offensive in the eDisclosure War

It feels suddenly as if a new phase is opening up in the war to tackle the wasted costs of e-disclosure. If the Rule Committee’s recent failure to grasp the nettle seemed a rebuff, there is a new Spring Offensive … Continue reading

Posted in 7Safe, Case Management, Court Rules, CPR, Data privacy, Discovery, DocuMatrix, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, EU, Legal Inc, Litigation, Litigation costs, Litigation Support, Lord Justice Jackson, Nuix, Raposa Consulting, Trilantic | Leave a comment

Revolutionary video pillory for PR consultants

The humour for the week was provided by Charles Christian, whose Orange Rag included a piece about PR consultants called So that’s why the editor is grumpy and aptly illustrated by a video. I should make clear in passing this … Continue reading

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

Capturing web pages with iCyte now for the Enterprise

The latest addition to my collection of tools for gathering and storing information is a product called iCyte. I cannot improve on the maker’s own description as follows: iCyte is a browser add-on and web service that lets users save … Continue reading

Posted in Discovery, Document Retention, eDisclosure, eDiscovery, Electronic disclosure, iCyte, Recommind | Leave a comment

Pre-action spoliation of evidence in English law

An article by Professor Peter Hibbert of the College of Law in the Commercial Litigation Journal explores the extent to which English law includes the concept of spoliation of evidence. Why does this arise now, and what are the implications … Continue reading

Posted in Litigation Support | Leave a comment

Goodale v MoJ – a template judgment for active management of eDisclosure

The publication of Senior Master Whitaker’s judgment in Goodale v Ministry of Justice is important for reasons beyond the fact that the parties used the ESI Questionnaire which is annexed to the proposed e-Disclosure Practice Direction and which is also … Continue reading

Posted in Case Management, Court Rules, CPR, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Litigation costs, Part 31 CPR | Leave a comment

Nuix joins the e-Disclosure Information Project

I am delighted to welcome eDiscovery and electronic investigation software company Nuix as the latest sponsor of the e-Disclosure Information Project. The connection began at the Ark Group eDiscovery conference in Sydney last year when I found myself sitting next … Continue reading

Posted in Australian courts, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Judges, Nuix, Singapore | Leave a comment

E-Discovery costs-shifting in US litigation

I referred in a recent post to an article I had read which concerned the shifting of US e-Discovery costs from one party to another, that is, the situation where costs incurred by one side are taxed and payable by … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Litigation costs, Lord Justice Jackson | Leave a comment

The Readership of the e-Disclosure Information Project

I have just been asked to give some statistics for readership of my blog and, having done the research, I might as well summarise it here. It happened to be quite a good day to ask – there were 436 … Continue reading

Posted in Data privacy, Data Protection, Discovery, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Litigation Support, Lord Justice Jackson | Leave a comment

A proper welcome to Applied Discovery as a new sponsor

I promised a proper welcome to Applied Discovery when I put up a short post on 16 February to draw attention to the arrival of their logo. These Welcome posts are generally the only occasion when I invite collaboration on … Continue reading

Posted in Applied Discovery, Discovery, Early Case Assessment, eDisclosure, eDiscovery, EDRM, Electronic disclosure, EU Safe Harbor, Forensic data collections, Litigation Support | Leave a comment

Anonymisation, the Hague Convention and US judicial notice of EU privacy protection

I expressed puzzlement recently at the high proportion of page views from the US over a period when most of my focus has been on the UK draft practice direction. I know, of course, that there is much US interest … Continue reading

Posted in Data privacy, Data Protection, Discovery, eDisclosure, Electronic disclosure, EU | Leave a comment

E-Discovery and Judicial Involvement in Australia

Project Counsel is the sister site to The Posse List, both run by the ubiquitous Gregory Bufithis. Project Counsel’s web site carried an article on 25th February with the title In Australia, e-Discovery and enhanced judicial involvement come of age … Continue reading

Posted in Australian courts, Case Management, Discovery, eDisclosure, eDiscovery, EDRM, Electronic disclosure, Judges, Litigation, Litigation costs, Litigation Support, Lord Justice Jackson, Nuix, Posse List, Singapore | Leave a comment

Cats Solutions combines with LDSI to become Cats Legal

Print solutions provider Cats Solutions has added the former business of LDSI (Legal Document Services International) to its print and document management services. The combined business has relocated its City-based 24/7 hub facility to new premises at Broken Wharf House, … Continue reading

Posted in Cats Legal, Discovery, eDisclosure, eDiscovery, Electronic disclosure, LDSI, Litigation Support | Leave a comment

E-Discovery developments in 2010 from legalsupportnetwork.co.uk

Rupert Collins-White is Head of Content and Community at legalsupportnetwork.co.uk and runs a LinkedIn Group of the same name. I met Rupert when he was Features / Commissioning Editor at the Law Society, and he now brings to legalsupportnetwork the … Continue reading

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

7Safe White Paper: the inter-relation between computer forensics and e-Disclosure

7Safe has published a white paper which I co-wrote with James Kent of 7Safe. Its purpose is to explain, mainly to lawyers, the role of a forensic collection of data in the subsequent proceedings, whether those be civil or criminal … Continue reading

Posted in 7Safe, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Forensic data collections, Litigation, Litigation Support | Leave a comment