RBS Rights Issue Litigation: considering whether the eDisclosure process had overtaken the purpose

I don’t like these judgments where a good firm of solicitors is seriously mauled by the judge for what are seen retrospectively as project management failures in a vast eDisclosure exercise. It is hard to be kind in cases where a rule has been broken or overlooked, or where solicitors are punished for the aggressive taking of bad points, but one has to sympathise when, in an exercise involving 25 million documents of which 10 million are unique, the judge concludes that “something has gone wrong”. Let those who think they could have done better cast the first stone.

The case is RBS Rights Issue Litigation [2015] EWHC 3433 (Ch) (26 November 2015)
and I am, as so often, obliged to Gordon Exall who not only publishes articles about new cases very promptly in his Civil Litigation Brief, but takes the trouble to draw my attention to those with an eDisclosure element in them.

One’s heart sinks at a judgment beginning “Further to the eighth CMC in this matter…” although (if you can get prompt hearing dates) it makes sense to seek the court’s directions (or indulgence) where there are many issues at stake and much to argue about. Indeed, the ante-penultimate paragraph of the judgment reads: Continue reading

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Computers & Law seeks predictions for 2016

scllogo1Laurence Eastham of Computers & Law Magazine www.scl.org is again inviting predictions from experts in IT law and legal IT for the coming year.

He would especially value contributions from outside SCL’s normal circles – “most obviously but not exclusively from technologists and e-commerce entrepreneurs who say something that IT lawyers would find useful”.

Lawrence Eastham is looking for at least 50 words per person but “if you want to provide more, even lots more, that’s fine”.

The invitation itself, with relevant details, can be found here.

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Hal Marcus of Recommind talks about Recommind’s chat solution

recommindlogo1Hal Marcus is Director of Product Marketing at Recommind. I caught up with him at ILTA in September and asked him about Recommind’s latest release of its eDiscovery application Axcelerate.

One of the additions, Hal Marcus says, is a set of new functions for dealing with Bloomberg chat and other kinds of chat systems.

Chat has become the new email, he says; it is difficult material for discovery purposes because there is “no end to it” and it is full of jargon. There is a section on Recommind’s website about this here.

Recommind has an on-demand webinar called, appropriately, Chat is the new email: complete communications analysis for eDiscovery which covers the same subject. You can access the webinar here. Continue reading

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Lawrie Hall of CYFOR talks about CYFOR’s recent expansion

Lawrie Hall is Head of Civil Investigations and eDisclosure at CYFOR.

In this short interview, he talks about his role in developing business and managing eDiscovery projects at CYFOR.

He also talks about CYFOR’s expansion, with offices now in London, Aylesbury, Edinburgh and most recently Dublin, in addition to the long-established office in Manchester.

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Costs and procedural complexities – appeal struck out for simple disclosure failures

Although Gordon Exall (he of the excellent Civil Litigation Brief) said recently on Twitter that he wished that he covered a subject which “got [him] trips around the world”, that “overrated pastime” (as I described it in reply) has reduced the number of my UK-related posts across the autumn; even Gordon’s prodigious output might have been cut down in the circumstances. Two of my trips, to Leeds and London, were in his company (along with Jonathan Maas of Huron Legal) and I have done other UK events, but the time-eaters have involved abroad, either because I have been away or because of the cross-border implications consequent on the Schrems decision.

It is time that I caught up with some of the cases relating to eDisclosure in the courts of England and Wales. On this, as on anything else relating to civil procedure, the best source is Gordon Exall’s blog which gives us no excuse for missing the disclosure cases.

If Smailes v McNally is the only recent case with significance to match older ones like Earles v Barclays, Goodale v The Ministry of Justice or Digicel v Cable & Wireless, the few eDisclosure cases we have had are nonetheless important. Not all of them derive directly from Part 31 and its practice directions but relate either to costs or to overarching concepts like proportionality or the shadow of Mitchell. I will take them one post at a time over the next few weeks, starting with the most recent. Continue reading

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Ari Kaplan survey with Recommind: Reinventing corporate legal with cloud consolidation

RecommindAri Kaplan has established a reputation for conducting first-hand surveys of those who influence decision-making in eDiscovery and related areas.

He recently teamed up with Recommind to conduct a survey of 25 large corporations for the 2015 Corporate Legal Operations Survey. The questions related to how they worked, what caused them particular difficulties and what their plans were for the future.

The replies focus on cost, the cloud, and the security implications of eDiscovery. These factors do not necessarily pull in opposite directions – one of the conclusions from the survey is that significant savings can be made by consolidating data in the cloud, with one of the interviewees saying:

In a perfect world, the company would deliver raw electronically stored information in SaaS to which outside counsel has access. Continue reading

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Jonathan Maas of Huron Legal talks about helping lawyers identify the scope of eDisclosure

Huron LegalI have recently done a number of events with Jonathan Maas of Huron Legal, talking to barristers and solicitors in Leeds and London, at ILTA Insight and in Brussels.
His consistent theme has been the need for lawyers to identify the scope of the disclosure problem as early as possible – as I put it in this interview “in the very small window between inception and the case management conference”.

While not underestimating the potential difficulties of any eDisclosure exercise, Jonathan Maas emphasises that the initial and urgent task of identifying what data exists is not necessarily a major task if early instructions are given by the lawyers to appropriately-qualified people. Huron, for example, will undertake this first stage at a cost which is proportionate to the objective – to equip the lawyers with the information they need to make early strategic decisions about the case. Continue reading

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Xerox Legal Services opens Hong Kong data centre

XeroxXerox Legal Services, the legal and compliance solutions division of Xerox Corp., has opened a data centre in Hong Kong to provide secure and compliant data discovery and transaction support in the Asia-Pacific region.

The new initiative is driven by the needs of clients, partly for litigation, but also because they face increased anti-corruption and anti-bribery scrutiny; closer regulation of Asian financial services is also a factor.

All these transactions face the difficulties of dealing with data protection and privacy restraints when, as is usually the case, the data is required outside its home jurisdiction, and particularly if it is going to the US. In China particularly, but increasingly elsewhere as well, data must be processed in-country, and often without leaving the client’s premises. Even where it is not intended to export the data, it is increasingly important to keep data in such a way that access is limited to relevant users. Continue reading

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Relativity Fest interview: Hytham Aly of Altep talks about being a Relativity database administrator

kCura - RelativityWhen I was at kCura’s Relativity Fest in Chicago in October, I took the opportunity to speak to some of the people who use Relativity in different capacities.

One was Hytham Aly, a database administrator at Altep, a Relativity Orange Level Best in Service Partner. In this interview, Hytahm Aly describes some of the tasks which he performs for Altep’s clients and talks about Altep’s relationship with kCura, about which he is very complimentary. Continue reading

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Interview: Patrick Burke of Seyfarth Shaw on cross-border data transfers for eDiscovery

It is many years since Patrick Burke and I started talking together about cross-border data transfers for eDiscovery. We had an annual slot at Guidance Software’s CEIC (now Enfuse) events and I recall a slide set from about 2009 which showed a picture of a harbour with the annotation “Neither safe nor a harbour”.

Our point was that if Safe Harbour was the only “protection” given to personally identifiable information exported from Europe then that was no protection at all. Even without looking at the detail of the obligations, the whole point of discovery is that documents pass from your control into the hands of another and thence who knows where, including public access if the document is used in court.

We were annually derided for this point of view. The Schrems judgment invalidated Safe Harbour on other grounds (mainly the NSA’s grapeshot approach to privacy violation), but we were right about its deficiencies even without that. Continue reading

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CGOC Europe 2015: Privacy, Security and Compliance in London on 11 December

CGOC is the Compliance, Governance and Oversight Council which brings together more than 3,300 legal, IT, records and information management professionals from corporations and government agencies around the world.

On 11 December, it is running an event in London with the title Privacy, Security and Compliance: a global framework for information governance, sponsored by IBM and FTI Technology.

Session topics include:

  • What’s Next for Data Transfers? The Fallout from the EU-US Safe Harbor Ruling
  • UK Bribery Act and US FCPA – Proactive Monitoring for Compliance
  • Steps to Reduce the Business Cost and Risks of a Breach
  • How to Make Big Data More Manageable and Valuable
  • Challenges in Managing Disparate Forms of Audio and Electronic Communications for the IG Program

I am the moderator for the data transfers panel with Gareth Evans of Gibson Dunn, Monika Tomczak-Gorlikowska, Data Privacy Legal Counsel at Shell, and Dana Post of Freshfields as my very high-powered panel. Continue reading

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Guidance Software webinar on 1 December: 5 Things your board needs to know about security

guidance-softwareGuidance Software is presenting a webinar on 1 December with the title 5 things your board needs to know about security.

The webinar is aimed at those whose job may require them at any moment to explain to the board of directors what cyber risk the company faces – to define what the businesses’s exposure is and to say what are they doing to address it.

The webinar will consider subjects such as:

  • Why the board doesn’t care about your internal metrics
  • How to be realistic about security without scaring them
  • The key to getting funding for critical security initiatives

The presenters are Mike Rothman, President of Securosis, and Patrick Dennis, President and CEO of Guidance Software.

There is more information and a registration form here.

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FTI webinar – Advice from Counsel: the State of Information Governance in Corporations

FTI TechnologyOn 19 November, FTI Technology is presenting a webinar called Advice from Counsel: the State of Information Governance in Corporations.

The label “information governance” embraces a range of disciplines, and addresses multiple issues which face corporations. The most obvious ones or, at least, the ones which are gaining most attention, are data breaches and the costs of reacting to eDiscovery demands. These involve multiple players within a corporation and require pre-emptive policies as well the ability to react when a problem arises.

The bigger the corporation the bigger the problem, and even the largest businesses have to prioritise. Management buy-in derives from tangible return on investment, and it is helpful to understand what has worked for other organisations and what has not. This webinar addresses these questions. Continue reading

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Ian Campbell of iCONECT talks about new developments in iCONECT-XERA

iCONECTAt ILTA in September, I had the opportunity to talk to Ian Campbell, CEO and President of iCONECT

iCONECT has been busy recently. As Ian Campbell tells us in this interview, there are new analytic and visualisation features in iCONECT-XERA, and a new licensing model enables users and iCONECT’s partners to have access to all the features in iCONECT-XERA including its new analytic and visualisation tools (I wrote about all this here).

Not covered in this interview is iCONECT’s move to some very stylish headquarters premises. I will write about that separately. Continue reading

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Craig Ball on the differences between US eDiscovery and UK eDisclosure

Craig Ball was the keynote speaker at IQPC’s eDiscovery and Information Governance Summit in London in May 2015.

His theme in his keynote speech was an important one – the idea that lawyers who understand their documents and who know how to manage them and to abide by the rules, have a distinct advantage over opponents who do not. Along the way, he gave us well-illustrated examples of things which the lawyers ought to know about without necessarily understanding the deep technology behind them.

As one has come to expect from Craig, he had done his research on the English rules relating to eDisclosure and, in this video, he offers some thoughts on the differences between US discovery and UK disclosure. Continue reading

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Reminder: Equinix event – improving regulatory and litigation response – London on 25 November

I wrote recently about an event taking place in London on 25th November with the title Improving regulatory and litigation response.

EquinixThe organiser is Equinix, whose International Business Exchange (IBX) facilities house data centres for more than 6,250 companies worldwide.

The overriding theme in my original post was the identification of the pinch-points in the eDiscovery process – those things which act as a brake when it becomes urgent to collect data, cull the dross, sort the relevant from the irrelevant, and get the important documents under the eyes of a company’s lawyers as quickly as possible. Too often, the impediment is a purely physical one caused by the time taken to move data from disparate sources before the processing power of eDiscovery software is applied to it. Continue reading

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Cross-border discovery, unconventional sources of data and some unexpected artificial intelligence in Brussels

The core of this post is my account of the LawTech Europe Congress in Brussels. If the opening wrap-around stuff about Brussels, Bruges, bureaucrats and a Belgian farm is not to your taste, you can skip straight to the heading The Conference.

Much as I enjoyed its earlier iterations in Prague, there was no doubt that the LawTech Europe Congress deserved a wider stage. This year it moved to Brussels which, if it is not yet the eDiscovery capital of mainland Europe, is closer to it in more ways than one.

It is literally closer because many of us can get to it by train, whether from London or from other parts of mainland Europe. By November, I have had more than enough of bloody aeroplanes and all the inconvenience-by-design which goes with them. My son Will and I took the Eurostar from St Pancras, and were in Brussels in less time than it takes to get from car park to departure gate at Heathrow.

Brussels the bureaucratic 

Brussels also feels closer because it is the source of so much EU regulation and, of course, of all that data protection and privacy stuff which Americans think was designed just to annoy them and get in the way of the eDiscovery process. One of my panels was about that and one was about unconventional sources of data; the third, which was unexpected for reasons which appear below, was about artificial intelligence.

The infestation of Eurocrats is evident everywhere or, at least, anywhere upmarket in which these expensive creatures congregate. Stanley Baldwin spoke of “Hard-faced men who look as if they had done very well out of the war”, and Brussels is full of those who have done very well out of this sprawling, uncontrolled bureaucracy whose own auditors have refused to sign off £100 billion of its own spending. The restaurants are full of smartly-suited and elegantly-dressed women who look as if they have had a hard day regulating the curvature of cucumbers, drafting legislation to impose their personal morality on us, or scratching the back of the lobbyist who bought them lunch last week. Continue reading

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Judge David Harvey on the Internet of things, information governance and IoT eDiscovery implications

Judge David Harvey of the District Court in Auckland, New Zealand, is well-known for his combination of practical technology understanding, judicial firmness and academic rigour.

I have moderated two panels with him this year, one in London and one in Singapore. At both, one of his themes was the increase in data derived from devices of all kinds grouped under the name the Internet of Things.

The Internet of Things, Judge Harvey says, has serious implications for corporations and requires control by a comprehensive information governance strategy. So far as eDiscovery is concerned, this data, on its own or aggregated with other data, is potentially discoverable and it has become essential to devise ways of managing it in a proportionate manner for litigation or other disputes.

That in turn means that lawyers and judges must have some understanding of what is involved.

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Video: Matthew Davis of Consilio talks about his move from a law firm to Consilio

ConsilioMatthew Davis has long been that rare thing, a litigation support lawyer in a law firm. Hogan Lovells has had the benefit of his expertise in this area for many years, but now he has moved out of private practice and to become Senior Director eDiscovery provider Consilio.

In this interview, Matthew Davis talks about the reasons why he was ready to make the change. Consilio has its own software solution, Global RPM, which is undergoing major changes aimed at easing the whole eDisclosure / eDiscovery process, not least in its interface with the lawyers at the review stage.

Consilio is not just a software provider, however. It has a strong consulting function in the UK, the US, mainland Europe and the Asia-Pacific region, and it is this which attracted Matthew Davis. Continue reading

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AccessData webinar on 10 November: eDiscovery, mobile devices and ESI – what every firm needs to know

AccessDataAccessData is presenting a webinar on 10 November at 2.00pm ET with the title eDiscovery, mobile devices and ESI: what every firm needs to know.

The reference to “firm” in the title implies that the target audience for the webinar is law firms. This is a good audience to aim at, because rather too many litigating lawyers seem quite unaware of the volume and potential value of data which sits on mobile devices in every pocket.

It is not just tablets and smartphones – Fitbits and other examples from the Internet of Things are busily collecting data which may not merely be discoverable in the formal sense but actually be the source of evidence which matters. Continue reading

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iCONECT focuses on data visualisation

iCONECTI wrote recently about the new release of iCONECT-XERA which, among other enhancements, has enhanced iCONECT-XERA’s already impressive data visualisation tools.

There are two events coming up at which iCONECT will expand on the value of data visualisation. One is a webinar presented by Mike Fedorowski
of iCONECT on 18 November with the title Getting the Most Out of XERA’s Enhanced Visualization Tools. Registration information is here.

The other comes at the East Coast eDiscovery and IG retreat to be held in Cape Cod from 8 to 9 November. There, iCONECT’s President and CEO, Ian Campbell, takes part in a panel discussion called Understanding the Data Visualization Trend In Legal which, as the panel description puts it, allows lawyers “to see trends, patterns and outliers represented as easy-to-understand charts, graphs pictograms and infographics”. Continue reading

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Big data analytics and function creep applied to surveillance data

Paul Bernal is Lecturer in information technology, intellectual property and media law at the University of East Anglia Law School. His blog and tweets bring us interesting and often trenchant material on privacy, human rights and the Internet.

His article today is called A few words on ‘Internet connection records’, and looks at some of the implications of the UK government’s draft Investigatory Powers Bill known to many, to the fury of its promoter, Home Secretary Theresa May, as the Snoopers’ Charter (“Do you want their names?” asks the policeman in Morten Morland’s cartoon in the Times, which you will find, among others, here.

The Bill raises serious concerns about the proposed requirement that communications providers must store, as Bernal puts it, “a rolling record of a year of everyone’s browsing history” at least at the top level of websites.

There are eDiscovery and cybersecurity implications here which are relevant to my audience. Continue reading

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eDiscovery conference in Dublin on 13 November

I spoke last year at an eDiscovery conference organised by LaTouche Training at Clontarf Castle Hotel in Dublin. The event was a success, and is being repeated this year, on Friday 13 November at the same venue. Its website is here with a link to the agenda.

Ireland has been an interesting place in eDiscovery terms in the last year.
Irish Bank Resolution Corporation Ltd v Sean Quinn & Ors brought us the first considered judgment on the use of technology-assisted review on this side of the Atlantic (I wrote about it in an article called TAR-red with the same brush in the US and Ireland); this event brings Karyn Harty of McCann FitzGerald to talk about the use of TAR in practice, and since Karyn Harty was the solicitor who brought the successful arguments to the Irish Bank case, she is worth listening to on the subject. Continue reading

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Come to ILTA Insight in London on 12 November

ILTA Insight 2015ILTA Insight takes place in London on 12th November at the attractive 155 Bishopsgate.

ILTA Insight’s title this year is Subject Matters, and the key themes include business and strategy, cybersecurity, artificial intelligence, knowledge management and eDisclosure. The event is free for those working in law firms or legal departments and it is open to all, not just ILTA members. You can walk up and register on the day.

I am participating in two panels. One is called The continuing continuum of eDisclosure – past, present and future which I am doing with Vince Neicho of Allen & Overy, Jonathan Maas of Huron Legal and Jack Bond of Quislex. Continue reading

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Nuix Proof Finder adds functionality and operating systems as it passes the $250,000 mark

NuixNewLogo1In 2011, Nuix launched a version of its digital discovery and investigations software called Proof Finder, priced at $100 per year. It was not just the price which was remarkable: all the receipts went to a charity called Room to Read, a global non-profit organisation which focuses on literacy and gender equality in education across Asia and Africa.

Proof Finder has now raised $250,000, money which, as Nuix CEO Eddie Sheehy says, has gone “to help primary school children develop literacy skills, and support girls to succeed in school and beyond.”

Nuix has celebrated the $250,000 milestone by expanding Proof Finder’s functionality and adding versions for Mac OS and Linux. The new release includes enhanced email threading, text summarisation, automated search and tag operations, a map view, configuration profiles and the ability to include or exclude files from processing by file type. Continue reading

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Equinix Roundtable on 25 November: Improving regulatory and litigation response

EquinixOn 25 November, I am one of the speakers at a round table organised by Equinix with the title Improving regulatory and litigation response. The other speakers are Jeremy Hopkins of Clerkingwell Consulting and Ollie Imoru of Equinix UK.

The broad subject of the event is how businesses and law firms manage growing volumes of digital information when courts and regulators require it quickly, and where courts, at least, also expect it to be delivered cost effectively. We aim to address how eDiscovery and information governance technologies can play their part in removing bottlenecks and increasing the efficient flow of information, and the right information, from client to lawyer to court or regulator.

I will focus on the process and formal procedural aspects of this while Jeremy Hopkins, well-known for his views on how lawyers should structure their businesses to give the best service to clients, will talk about that aspect. Continue reading

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Not much time at my desk as the autumn season begins

You may have noticed that my written output has declined over the last few weeks – at least somebody has noticed, because I have had a slightly hurt enquiry as to whether I intend to cover a particular topic.

There are are various reasons for this, none of which is idleness or lack of interest. The first was the two-week holiday which we usually take in mid-September. Why then? North Cornwall, our usual destination, is inevitably overrun in the summer with families with school-age children. The prices go up, and every lane and beach is jam-packed with the vehicles and accents of London and the Home Counties. A poem on the wall of the house which we rent, a parody of a well-known Betjeman poem, ends with this line:

Sounds of Sloane Square on the air
And black retrievers everywhere.

SaxonCornwallOur own black dog, Saxon the 15-year-old Labrador, nearly didn’t make it down there. Just before we went away, the decreptitude of old age took an apparent lurch downwards, and we booked an appointment at the vet which seemed likely to be a one-way trip. I said my goodbyes and went off to give a talk in Manchester, almost certain that I would never see him again. He likes going to the vet and perked up almost immediately, bounding into the surgery and seeking out the liver treats whose location he knows well. “I don’t think he’s quite ready to go” said the vet, and we agreed thankfully. Continue reading

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The Chronicle of eDiscovery for Financial Services

A new resource called the Chronicle of eDiscovery for Financial Services has begun publication with the ambition to bring together experts in the fields of eDiscovery, data forensics and information management and governance with a particular focus on financial services.

ConsilioIts founding sponsor is Consilio, whose eDiscovery and investigations skills are relevant to all businesses but which have a particular focus on financial services in the US, Europe, Asia-Pacific and elsewhere. The most recent development in this area is the tools for managing Bloomberg Chat, which I wrote about here. Continue reading

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FTI on the collection of mobile device data for eDiscovery and investigations

FTI TechnologyThis is my second post of today about the need to collect data from mobile devices for eDiscovery and investigations which gives some idea how important the subject is becoming.

FTI has a new page about mobile device data with the subheading No longer tomorrow’s problem. The reality is that it has been a potential problem for a long time – one of my predictions for 2015 was that a lawyer somewhere would lose a case or face a negligence claim for failure even to think about the subject. Continue reading

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Integrated analytics, predictive review, customisation and visualisation for iCONECT-XERA

iCONECTI turn my back for a week to go abroad and iCONECT makes not one but two big announcements about developments to iCONECT-XERA

The first is a significant licensing change which means that all new XERA licenses will include XERA’s analytic tools including predictive coding, workflow, iCONECT’s XMPLAR, near-duplication, conceptual search, email threading and iVIEW cluster visualization.

This does more than bring these existing tools to all users. A key requirement for end-clients, and for iCONECT’s Hosting partners, is predictability, not least of cost. It is not always possible to say at the outset of a project which tools will be required to manage data whose scope is as yet unclear. With all the analytic tools included in the licensing cost, it becomes possible to decide on the fly which tools are to be used at any stage without having to buy new licences. Continue reading

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AccessData launches Summation 6.0 and FTK 6.0 simultaneously

AccessDataSummation is AccessData’s long-standing eDiscovery tool combining predictive coding, advanced analytics, data processing, early case assessment, case management, final review and transcript management. FTK is its Forensic Toolkit, well known for many years as an industry-standard tool for collecting data quickly and defensibly for forensic and eDiscovery purposes.

The two products share a back-end database which, as Nadine Weiskopf, VP of Product Management at AccessData says, means that “customers’ data doesn’t actually move from one place to another when it transitions out of the investigations and collections phase into the processing and review phase.” Continue reading

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Nuix product demos webinar series

NuixNuix is now delivering weekly 30 minute webinars about the features in its latest products.

The webinars are presented by Nuix engineers and subject-matter experts, and aim to address commonly-asked technical questions on product features.

The webinars can be found here, along with links to fact sheets about Nuix Director, Nuix Web Review and Analytics, Nuix Sensitive Data Finder and the Nuix Collector Suite. The next product demo, about Nuix Collector Suite, is on 29 October.

If you are unable to attend at the time of broadcast, Nuix will send you a recording when it is available.

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Guidance Software webinar on 4 November: Integrating GPS data into digital investigations

Guidance SoftwareI took part in a panel at the EDI Leadership Summit in New Orleans last week which was called From the Black Box to GPS: employee monitoring in the age of big data. It fell to me to open the session with some illustrations of types of data which we all create and capture, often without knowing it, much of it from the devices we carry around with us. The panel then explored the implications of this data for eDiscovery and investigations purposes.

As it happens, Guidance Software is presenting a webinar on this very subject on 4 November. It is called Integrating GPS data into digital investigations, and covers the location information found in smart phones and pictures which can be used to uncover evidence and generate maps showing locations of relevant parties at particular times. Continue reading

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Recommind webinar on 20 October: No Safe Harbor – 5 strategies for cross-border eDiscovery

RecommindRecommind is presenting a webinar on 20 October (that is, TODAY) with the name No Safe Harbor – 5 strategies for cross-border eDiscovery.

The subject, of course, is the transfer of data from the EU to the US following the Schrems judgment of the EU Court of Justice. This webinar concentrates on the “creativity and informed strategy” which will be required to do the job properly. Speakers will be drawn from Recommind’s EU and US offices.

There is more information and a registration form here. In addition, Recommind’s Adam Kuhn has written a post to complement the webinar called Navigating compliance.

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Guidance Software EnCase Forensic earns five-star rating

Guidance SoftwareThe digital forensics review run by SC Magazine has given a five star rating to Guidance Software’s EnCase Forensic 7.10.

The review says this:

“Regardless of what other tools you are using, this one really needs to be in your arsenal…The long-time reputation, quality and comprehensive reporting functions make this an important tool no matter what else is in your lab.”

There is more information about this here.

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APT Search is looking for an eDiscovery manager in London

APT SearchA global international eDiscovery consulting company with offices in London is looking for a senior project manager for their eDiscovery department.

The role requires the project manager to give practice support services to clients, sharing expertise and helping with clients’ project management.

The post is advertised by APT Search who specialise in eDiscovery recruitment.

There is more information about it here.

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Speaking about Schrems and EU data privacy in Nashville with Cicayda

cicaydaTomorrow I am speaking at the offices of Butler Snow in Nashville at the invitation of Cicayda.

I was already booked to speak about cross-border discovery before the timely arrival of the Schrems decision. That will certainly feature prominently in my talk, but I will take the opportunity to talk more widely about the issues which arise when US courts and regulators want to bring EU data into the US. None of that has changed so far as I am concerned, since safe harbour, at least in an eDiscovery context, was no protection for those who had not done the data collection and culling job properly before the data left the EU.

There is some information here from the Vanderbilt Law School, and Cicayda’s registration page for the event is here.

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More on Schrems as panic gives way to constructive thought

As anticipated, there has been a lot of comment on the implications for safe harbour and for data transfers to the US following this week’s decision in Schrems.

I wrote briefly about it here, deliberately avoiding substantive comment, and there are links to several other articles on my Rebelmouse news page.

I linked to two particular sources in my article, and I mention their updates now:

Hogan Lovells was very quick off the mark with a webinar. There is a summary of what was said here together with a link to the slide deck used on the webinar.

Cordery has been busy. Here you will find a link to a podcast by Jonathan Armstrong together with links to Cordery’s related previous posts.

Both of these offer constructive ideas for dealing with the potential problems.

The subject will come up at various imminent events in which I am involved (although not necessarily in the Schrems aspects). As I have said before, I will be speaking about it at Relativity Fest and at an event next week in Nashville organised by Cicayda.

Further off, Lawtech Europe Congress in Brussels on 26-27 October, ILTA Insight in London on 12 November, and eDiscovery 2015 in Dublin on 13 November will all have sections covering trends and the wider data transfer context in which it belongs.

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Silence from me for now on Schrems and Safe Harbour

If you have any interest in cross-border discovery or any form of data transfer to the US, you will be aware that the EU Court of Justice has delivered a judgment in Schrems v Data Protection Commissioner the effect of which is to invalidate the EU Safe Harbour regime. The court press release about the judgment can be found here and the full judgment is here.

The judgment was not unexpected, and a blizzard of commentary fell upon us almost immediately. By about next Monday, people who wouldn’t know a safe harbour from a Tawny port will have given us the benefit of their views.

I do not intend to join in and add immediately to the mountain of written commentary. This is partly because I see no point when everyone else has done so, and partly because I prefer to think first and write afterwards, but mainly because I will be expected to talk about Schrems at two events next week and would rather focus on preparing for them.

The first event is kCura’s Relativity Fest in Chicago where, by happy chance, I am taking part in a panel on cross-border discovery with David Horrigan of kCura and Patrick Burke of Seyfarth Shaw. Continue reading

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FTK and Summation: AccessData US and international world tour

AccessDataLogo_200AccessData’s Chief Evangelist, Tim Leehealey, is undertaking a tour of cities in the US and around the world to bring users and prospective users up to date with developments in FTK and Summation 6.0.

The sessions will cover the state of the industry and AccessData’s strategic position, together with updates on AccessData’s product portfolio, the new Summation release and the short- and long-term roadmap.

Details of the world tour, which has already begun, can be found here. The US tour begins on 6 October in Los Angeles; dates and places can be found here.

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Expansion of scope and changes of management at Cardozo Data Law Initiative (CDLI)

Cardozo_200In 2014, Cardozo School of Law established the Cardozo Data Law Initiative (CDLI) which aimed to give law school students a grounding in the legal and practical aspects of data law, including privacy, information governance, eDiscovery and cybersecurity. Amongst other activities, it has invited well-known speakers to talk at sessions and events and arranged for students to spend time out in the real world of commerce and legal practice.

The founding directors are Patrick Burke, Senior Counsel at Seyfarth Shaw LLP and Denise Backhouse, shareholder at Littler Mendelson PC, and CDLI also had the benefit of input from a board made up of people from business and law firms.

CDLI has now made changes both to its programme and to its leadership. There is a new emphasis on data law, new courses, and further business opportunities for students. Continue reading

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Sessions, speakers and Innovation Awards at Relativity Fest 2015

kCura - RelativitykCura’s Relativity Fest is taking place in Chicago from 11 to 14 October. I will be there, making some videos and taking part in a panel called Cross-border challenges in a changing world along with David Horrigan of kCura and Patrick Burke of Seyfarth Shaw.

RFestSpeakersDavid Horrigan will be re-running the very successful judicial panel which he moderated last year with Judges Nora Barry Fischer, Andrew Peck, David Waxse and Xavier Rodrigues.

The Information Governance Initiative is running a full day Boot Camp led by Bennett Borden and Barclay Blair of the IGI called IGI will whip your information governance policy into shape.

The keynote speaker is Sal Kahn, Founder and Executive Director of the Khan Academy and there is a full programme of sessions aimed at lawyers, IT professionals, litigation support people, developers and Relativity partners. The full list of sessions can be found here. Continue reading

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Refer a friend to APT Search and get a MacBook Air

APT SearchAPT Search specialises in the recruitment of people with eDiscovery information governance skills. Founder Amit Pandit is one of the best-connected people I know in eDiscovery, as well as one of the best informed.

I get quite a lot of requests from both sides of the fence – eDiscovery providers seeking well-qualified staff, and people looking to move within eDiscovery or to gain a first foothold in the industry – and my life is made much easier by simply being able to refer them to Amit.

APT Search has a promotion on at the moment – if you refer someone to them who they consequently introduce to a client and successfully place, they will give you a MacBook Air.

Here is a link to their page about this, including some terms and conditions.

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QuisLex named for managed review and LPO in NYLJ reader rankings

QuisLexI do not normally make reference to individual companies appearing in surveys or rankings, partly because lists themselves are not particularly exciting, and partly for fear of omitting someone whom I should mention.

I make an exception for QuisLex’s double appearance in the New York Law Journal’s 2015 Reader Rankings because managed document review and legal process outsourcing (the two categories in which QuixLex appears) are areas which are often overlooked when lawyers and companies consider how best to get their eDiscovery / eDisclosure work done.

The NYLJ Reader Rankings differ from most other such competitions precisely because they are reader rankings – the votes of those who actually use the services in question. The cautious herd mentality of lawyers makes them wary of things which are not in common use, and it is important to realise that there are a lot of end users out there who rely on managed review and LPO. Continue reading

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CYFOR opens in Dublin

CYFORCYFOR, specialists in forensics, eDisclosure and data security, has opened a new office in Dublin. This is CYFOR’s third new office in the last 12 months which indicates expansion and ambition.

Dublin is increasingly interesting in eDiscovery terms. That is partly because of the predictive coding judgment in Quinn (I wrote about that here), and partly because of the so-called Dublin Warrant case.

I am taking part in a conference to be held in Dublin on 13 November following the successful one we did there last year. Among the other speakers is US Magistrate Judge James Francis of Southern District of New York, the judge who gave the original Dublin Warrant opinion.

CYFOR’s own article about its new Dublin office is here.

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Distinguish between privacy and IP rights in eDiscovery

RightsInfoOne of the most interesting new legal resources is the website RightsInfo, founded and directed by up-and-coming human rights barrister Adam Wagner. It is not just that the subject is important, nor that it impinges on almost everything else, but the website itself is bright and enticing, laying out its wares in an attractive and user-friendly format. It is an area of law which news outlets, and not just the low-rent ones like the Express and Mail, frequently get wrong, deliberately or otherwise, and RightsInfo is the best source of corrective and accurate information.

RightsInfo has just published an article of interest to those concerned with eDiscovery called Here’s why your boss can’t just spy on your emails. It tells the story of Mrs Coupland who received compensation after calls and emails were monitored. The closing paragraph reads:

Her case reinforces the fact that the right to privacy extends into the workplace. As a result, employee communications monitoring policies must be fairly applied. So, if your boss wants to read your emails, they’d better have a clear justification for it.

This is one of those areas where a difference emerges between the US and the rest of the world. Save for certain very specific information, US lawyers consider that anything created by an employee in office time and/or on office equipment is the property of the company which makes it potentially discoverable at the hands of the employer. Outside the US, and specifically in the EU, the position is rather different. Continue reading

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ZyLAB’s loss is ACEDS’ gain as Mary Mack becomes Executive Director

ZyLABThe Association of Certified eDiscovery Specialists (ACEDS) has appointed Mary Mack as its executive director. Mary Mack was most recently the Enterprise Technology Counsel at ZyLAB, responsible not only for hands-on consulting but for furthering ZyLAB’s educational agenda. I have enjoyed the webinars I have done under her moderation, notably one with US Magistrate Judge John Facciola on the occasion of his retirement and one on information governance.

ACEDS has a commitment to build an international community of eDiscovery practitioners for the exchange of ideas, guidance, training and best practices. I cannot think of anybody better to help them with this than Mary.

She will be missed at ZyLAB whose farewell post about her is here.

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eDiscovery talks in Leeds and London with Zenith Chambers, Hardwicke and Huron Legal

Huron LegalDid you hear the one about the party who lost a £50m claim, without any discussion of the pleaded issues, thanks to disclosure failures? Or the case where the judge decided against hearing an expensive application for specific disclosure, saying that the party allegedly in default could take its chance that the trial judge would draw an adverse inference from their disclosure defects?

I wrote recently about an eDiscovery talk to be given with Zenith Chambers in Leeds on 20 October by me, Gordon Exall of Zenith Chambers and Jonathan Maas of Huron Legal. It has a perky, optimistic title Documents win cases! but the session description emphasises the potential risks involved in embarking on an eDisclosure exercise without some knowledge of the rules, of the available technology and of acceptable processes. Continue reading

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Recommind webinar on 23 September: Complete Communications Analysis for eDiscovery

recommindlogo1Recommind is giving a webinar on 23 September at 8:00am Pacific  /  11:00am Eastern  /  4:00pm BST  / called Chat is the New Email: Complete Communications Analysis for eDiscovery.

Recommind’s Axcelerate 5.5 includes new Smart Processing technology which lets you analyze and review chat and recorded data such as Bloomberg Chat and Skype. In this webinar, Hal Marcus from Recommind in the US and David Nichols of Recommind’s London office will talk about how to use advanced analytics for complete communications analysis and review.

There is more information and a registration form here.

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Xerox Litigation Services survival kit for cross-border discovery

XeroxMost articles and talks about cross-border discovery, including mine, focus mainly on the legal and practical restraints involved in collecting and reviewing data in a non-US jurisdiction.

Rachel Teisch of Xerox Litigation Services looks at a different aspect of this problem in her article Survival kit for cross-border discovery. The focus in this article is on the software tools which, while they may be required in any eDiscovery exercise, are particularly necessary when dealing with the technical problems thrown up by the collection, management and review of documents which are subject to privacy constraints.

Xerox Litigation Services has been extending its coverage of eDiscovery in the Asia-Pacific region. An article called Five drivers of eDiscovery in the APAC region by Bill Mariano of Xerox Litigation Services gives a brief summary of the factors which are driving increased requirements for discovery in many of the jurisdictions in the region.

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Iris Data Services releases new version of Iris Arc

IrisIris Data Services is now part of Epiq Systems, bringing to Epiq its expertise in the provision of managed services along with the software tools which it has developed.

These most notably include Iris Arc which gives users the ability to review and manage all their Relativity cases for a fixed monthly fee. Iris has released a new version of Iris Arc which, among other improvements, can now perform cross-workspace reporting, giving users the ability to run reports across multiple cases

The press release here about the features in the latest version of Iris Arc is here.

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Consilio acquires predictive coding company Backstop

ConsilioConsilio provides eDiscovery and document review services based on its own proprietary eDiscovery review platform Global RPM.

Since 2013, Consilio has integrated ‘s technology-assisted review and predictive coding technology from Backstop into global rpm. This has been so successful that Consilio has now acquired Backstop, not least for its ability to handle large-scale multilingual reviews, important given Consilio’s presence in the Asia-Pacific region.

The press release about the acquisition is here.

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Documents win cases! Huron Legal and Zenith Chambers join forces to discuss eDisclosure in Leeds on 20 October

Huron LegalOn 20 October, Huron Legal, in conjunction with Zenith Chambers and with me, will be talking about the disclosure and evidence in Leeds with in a session entitled Documents win cases!

The event starts at 4:00pm with a panel discussion and ends with a reception at 6:00pm.

This is not a pure technology event. The focus is on documents-as-evidence, on the perils of non-compliance with rules and, the corollary to that, the benefits of being on top of both the evidence and the rules.

Zenith-ChambersThe speakers are Jonathan Maas of Huron Legal, Gordon Exall of Zenith Chambers and me. Jonathan Maas is a technology expert, but he has also for a long time been involved in devising practical procedures which comply with the rules, minimise costs and encourage discussion about proportionality. Gordon Exall is a specialist in personal injury litigation, but he has done perhaps more than anybody to focus attention on the procedural requirements applicable to all litigation with his excellent Civil Litigation Brief. I have served my time as both litigating lawyer and technology developer and consultant, and was a member of Senior Master Whitaker’s working party which drafted Practice Direction 31B and the Electronic Documents Questionnaire. Continue reading

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Fraudulent assertions undermined by YouTube

Most of us leave traces of our everyday activities on the Internet, often without realising it. Internet chat, Facebook posts, calendar entries and photograph metadata are often available to contradict assertions about our whereabouts and lifestyle.

The defendant in Cirencester Friendly Society v Parkin went one further and had himself captured on film which was uploaded to YouTube. The result was enough to show that he had misrepresented the state of his health to an insurer, both at the time of policy inception and in relation to the claim.

The case comes to my attention thanks to barrister Gordon Exall who writes about it in his Civil Litigation Brief with the title Evidence, the Internet and social media: Facebook and YouTube expose defendant. Put as briefly as possible, Parkin claimed that he was too ill to work and received payment under the policy. He was a cannabis user, and the judge’s phrasing seemed to imply that Internet use is an addiction of the same kind. He says:

“Nemesis overtook Mr Parkin most dramatically because, like so many people nowadays, in particular those who seem minded to seek to perpetrate frauds, he seemed incapable of keeping off the Internet and sharing the true nature of his activities through social media”. Continue reading

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The Billable Hour appeal for Save the Children, and saving litigators from themselves

I wrote here about an appeal launched by employment barrister Sean Jones QC to raise money for the refugee work of Save the Children. The appeal page is here.

I published my article on 4 September when the appeal was less than 48 hours old and had already raised £48,548. £3,500 of that came in while I was writing the article. The total now stands at over £181,000 and has been successfully copied in other jurisdictions.

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Soon after the appeal was launched, Sean Jones was interviewed on Sky News and given the opportunity to talk about the appeal. That interview has now been published and is here. Credit is due not only to Sean for his assured eloquence but to Sky News for a generous chunk of time given to the subject.

There is an opportunity to contribute to the appeal whilst learning something when, on 22nd September, Gordon Exall and PJ Kirby QC of Hardwicke Building give a talk encouragingly billed as “90 minutes of guaranteed misery, worry and concern for litigators”. Continue reading

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The Sedona Conference publishes Practical in-house approaches for cross-border discovery and data protection

The Sedona Conference has published the public comment version of its Practical in-house approaches for cross-border discovery and data protection. I have not yet had the opportunity of reading this version, but I read, and was impressed by an earlier draft.

The Sedona Conference is able to draw on the resources of a wide range of people and companies who really understand its wide range of subjects, and cross-border discovery is no exception. Its 2011 work, International principles on discovery and data protection, is both a practical guide and an authoritative statement of principles which can be referred to in court.

I was at the 7th Annual Sedona Conference International Programme held in Hong Kong in July, the location reflecting the increasing importance of the Asia-Pacific region for trade purposes and the consequent increase in the need to navigate multiple data protection regimes for the purposes of US litigation and regulatory demands. The chief message which came out of that was that US investigators, whether for litigation purposes, for regulatory requirements or other types of investigation, cannot simply expect to collect, process and use data from these jurisdictions as if they were at home. Continue reading

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Epiq Systems opens eDiscovery office in Frankfurt

EpiqSystemsEpiq Systems has announced the opening of a new office in Frankfurt as part of its plans to expand its international service offerings. Epiq is already well-established in the US, the UK, Canada, Hong Kong and Japan.

The full range of Epiq’s eDiscovery services will be available in Frankfurt, including processing and hosting of ESI, document review services, and the managed services available to it following its recent acquisition of Iris Data Services.

Germany takes its data protection and privacy obligations even more seriously than other EU countries and there is an increasing need for secure processing, storage and review services within the jurisdiction.

There is a press release about this here.

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QuisLex brings its litigation and corporate support services to London

QuisLexLegal services provider QuisLex has been offering litigation and corporate support services since 2004. I come across it because of its litigation support services focused on document review and related aspects of electronic discovery, but it also offers a range of other services to corporate legal departments, including contract management, the creation and implementation of compliance programs, and services relating to M&A and corporate restructuring.

Increasingly, QuisLex’s business has been emanating from clients in the UK, and the time has come for it to open an office in London which it did earlier this year, with Umar Yasin (whom I know from his previous work in eDiscovery) as the first London recruit. My introduction to the company was through Andrew Goodman, with whom I have attended events and shared platforms in various countries.

The task is to build on the business relationships which QuisLex has already with very large firms and companies, and to bring the same level and quality of service to a wider range of clients and matters. Continue reading

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Variety and value at ILTACON 2015 in Las Vegas

ILTA 2015I spent most of last week at ILTACON 2015 in Las Vegas. More precisely, I spent four days there and two days on a round trip of 10,424 miles to get there and back.
Why do I clock up those miles and the not inconsiderable cost and inconvenience of the journey year after year?

ILTAILTA is the International Legal Technology Association, and its broad remit of both geography and subject-matter deserves wider attention outside the US. The rest of us gently mock some aspects of US lawyering, and reject quite a lot of US culture ranging from their “coffee” to their punctuation (I got stick from a US judge last week for a mild observation about the latter), but my self-appointed role includes discrimination between the good, the bad and the risible, and it is important that someone tries to pick out the things which have value in any jurisdiction; ILTA is one of them.

Caesars Palace Las VegasI did not go to top up my formal learning in sessions or to see the latest in technology development in dark rooms, and it was certainly not in order to sample the charms of Las Vegas or Caesars Palace – been there, done that all too often. One of the reasons why I saw relatively little was that, for reasons now obscure, we booked my return flight for a day earlier than usual. Another was that, again for obscure reasons, I have a defective leg at the moment; people were recording Fitbit distances of between 7 and 10 miles per day just to move around Caesars Palace, and a painful limp undermines the incentive to keep up with that. Continue reading

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Barrister launches billable hour appeal for refugee children

I have been away at a conference, and the two posts which I have published today were both written before I left. There will be much more in due course, including an account of the event itself.

Meanwhile, my attention back in my office has been diverted not only by the aftermath of my 10,000 mile round trip with everything which that brings, but also by an appeal launched by Sean Jones QC to raise money for Save the Children to help refugees. Just watching the numbers go up has been a full-time task.

Sean Jones launched the appeal last night, as I write this less than 24 hours later, the contributions stand at nearly £45,000 from 333 donations, 591% of Sean’s original target (see the end of this article for updated figures).

There are a wide range of views as to the responsibility for the plight of the refugees, and many more about the policy decisions which must be taken for their longer term future. The debate is not helped by those who focus more on the terminology than on the problem – we are discouraged from even talking about the subject by people who jump on and criticise every allegedly inapt expression used to describe these people and their plight – I doubt that they care whether they are called “migrants” or “refugees” when they are drowning. The politicians will be abused whatever they do by people who give no thought to the conflicting pressures and the realpolitik. There is little recognition for the fact that changing circumstances warrant changed positions.

Whatever the rights and wrongs of past conduct and whatever the wider policy implications for the future, there are children in dire straits. Sean Jones has marshalled his formidable eloquence and his networking skills (go ahead and criticise me for the use of that term) to round up contributions from a profession which is often criticised for alleged indifference to others.

The Just Giving page for the Lawyers’ Billable Hour Appeal is here. The sum raised has increased by over £3,500 since I started writing this.

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Consilio extends its document review services in Asia-Pacific

ConsilioConsilio’s recent partnership with Shamrock Capital Advisors brought with it the promise of yet further expansion for an eDiscovery company whose reach extends year by year.

Consilio already has review centres in Hong Kong and Tokyo amongst the nine such centres worldwide. It has now added one in Shanghai to ensure that its multinational clients can be served wherever they may be.

The data protection requirements in China are perhaps greater than those in any other jurisdiction, and it is increasingly important to be able to handle document reviews in-country.

There is a press release about this new initiative here.

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The importance of instant messaging data for eDiscovery – advanced analytics for IM data from Recommind

RecommindRecommind has announced that Axcelerate 5.5 includes advanced analysis of instant messaging data which can be used for the discovery of platforms such as Instant Bloomberg, Skype and Google Chat.

Whilst Bloomberg data is relevant only to the financial industry, other IM tools are used daily for both business and personal communication. Their output is no less potentially discoverable than Word files and emails.

There is a press release about Recommind’s new release here.

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Judge Peck and former Senior Master Whitaker discuss eDiscovery vs eDisclosure in the US and UK

So far as I am aware, there is no competition to find the most regular participant in panels and webinars devoted to cross-border discovery and the comparative requirements of the US and UK. If there was such a contest, I would surely be a finalist, but the winner would almost certainly be US Magistrate Judge Andrew Peck.

A close runner-up would be former Senior Master Steven Whitaker who would have been the clear winner in a contest for “UK judges who know anything about the requirements of foreign jurisdictions”. That is partly because he was formerly responsible for dealing with applications to the UK for evidence under the Hague Convention, but is also because he took the trouble to study the comparative requirements.

The two of them came together to discuss global eDiscovery differences at the Exterro user conference in Portland, Oregon this week. LawTech News reported the session here and there is coverage from JD Supra here. Continue reading

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The Information Governance Conference 2015 – #InfoGovCon2015

The Information Governance Conference 2015, or #InfoGovCon2015, takes place in Hartford, CT from 29 September to 1 October with the subtitle Take the IG Journey.

The agenda is here and the speaker list is here. That would normally be enough to entice me to go, but I cannot because it coincides with a long-booked holiday.

The event is sponsoring a number of awards, including IG Evangelist of the Year. There is a tough choice between the names of Julie Colgan of Nuix and Dean Gonsowski of Recommind; if you can’t decide between them, you could compromise and go for the name which falls between theirs in this alphabetical list.

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Huron Legal seeks input for the 6th Annual Law Department Benchmarking Survey

I wrote here about Huron Legal’s last Law Department Benchmarking Survey and interviewed Huron’s Bret Baccus. Huron’s summary of the 2014 survey results is here

Huron Legal and The General Counsel Forum are now gathering data for the next benchmarking report and seek input from law departments.

There is more information about this here.

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The future of money and data at the Singapore Technology Law Conference 2015

SALConferenceMy main reason for attending the Global Technology Law Conference 2015 in Singapore at the end of June was to moderate the closing judicial panel. As the conference title implies, its scope was much wider than pure eDiscovery and my panel was, in fact, the only one whose primary focus was on that narrow topic. That is as it should be – eDiscovery is servant to disputes, compliance and regulation, and those things are themselves ancillary to a wider commercial and financial world in which money and data are the central focus.

SALStageThe conference was organised by the excellent Singapore Academy of Law. Its programme can be found here. It was the second such event – the first, in 2011, was more focused on disputes and attracted judges from many different jurisdictions, including our own Lord Justice Jackson and the then Senior Master Whitaker. Singapore is very good at finding out what happens elsewhere and adding the best of it to its own inventiveness.

Singapore keeps turning up in discussions about the future of London as a major litigation centre, along with the DIFC in Dubai. The new Singapore International Commercial Court has attracted talented English judges; it understands, as our wretchedly useless Ministry of Justice does not, that back office systems supported by technology, together with procedural efficiency, are factors which attract major international commercial parties who can, to some extent, choose their venue for resolving disputes. This is not the place to analyse this, but it helps explain why Singapore is increasingly attractive to those whose business is dispute resolution, whether they be London barristers  or eDiscovery providers. Continue reading

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CEIC 2015 – forensics, eDiscovery and cybersecurity all in one place

Guidance SoftwareGuidance Software’s long-running annual event CEIC will henceforth be known as Enfuse. My account below of the 2015 show was written before that news broke – I held it back so that I could include links to some of the videos we made there. Enfuse takes place in Las Vegas from 23 to 26 May 2016.

Enfuse

When you register at Guidance Software’s CEIC, you can add stickers to the bottom of your pass to show how many years you have been attending. The highest number is five, so if you have been going longer than five years, you have to add further stickers to make up your total. I have lost track of how many years I have been coming – I think it is eight or nine – and I decided to dispense with the stickers.

Not everybody likes Caesar’s Palace or Las Vegas, but what they lack in charm they make up for in efficiency and convenience, at least from a conference delegate’s point of view. The elevator nearest my vast room went straight to the conference floor and to a half-decent coffee shop. There are plenty of very good restaurants. There are rooms of all sizes to cope with crowded keynotes, the exhibit hall, the training sessions packed with computers, and the educational sessions of all sizes. CEIC attracted 1,600 delegates this year, up from 1,500 last year and Caesars Palace comfortably swallowed us all. Continue reading

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Distracting a lawyer’s attention with your little hammer

My article of yesterday talked about the good sense in getting to know the things which trigger antipathy among potential buyers, in this case of eDiscovery / eDisclosure software. I linked to an post of mine which included this paragraph about an article:

You may wonder, incidentally, what is the relevance of the little hammer which has been added as an illustration to the article. It implies a concealed question: “In which of these jurisdictions does the judge double as an auctioneer?”. I am at liberty to reveal the answer which is “None of them”. It derives from the overlap between metonymy and stock image collections.

 Nothing provokes an English lawyer to contempt more readily than the sight of a legal article or advertising material illustrated by of one of those little mallets which auctioneers use when selling sheep in country markets. As you will have gathered, I am not above joining in the sneers at the same irrelevant image being used over and over again in an effort to establish a mental picture for the reader. Continue reading

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Getting the eDiscovery / eDisclosure terminology right when selling to lawyers

Huron LegalHuron Legal has republished the useful article called eDiscovery / eDisclosure in the EU  written for ILTA by Jonathan Maas of Huron Legal and Vince Neicho of Allen & Overy. It begins with a guide to what “Europe” is, aimed at those who lump everywhere from Gibraltar to Skalluvaara under the same jurisdictional umbrella, and then gives an overview of the disclosure regime in England & Wales.

I wrote about that here and won’t repeat myself now. Seeing it again reminds me of an article which I wrote back in December 2011 called You say eDisclosure, I say….Whatever is right for the context. Its focus was on the terminology rather than the practice, addressing the commonly-asked question as to what is the difference between the terms used to refer to the process of “uncovering” (which is where “discovery” originally came from) the documents and other things  (not everything which is disclosable / discoverable has the conventional characteristics of a document) needed to establish evidence in litigation.

You can deduce my attitude to this from the word “whatever” in the title of that article, with its subliminal message that the terminology matters rather less than some knowledge of the relevant rules, tools and practices. Apart from the narrow point that “disclosure” is used in the English Civil Procedure Rules, and should therefore be used if that is the context (just as the CPR uses “ judgment” rather than “judgement”), I don’t much mind which word you use. Continue reading

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Roger Angarita of Guidance Software talks about EnCase 8

Guidance SoftwareRoger Angarita is Director of Product Management at Guidance Software. In this interview, I ask him about to tell me about some of the features and benefits of the forthcoming release of EnCase 8.

As Roger Angarita makes clear, EnCase 8 has new and useful features for those involved in eDiscovery, information governance and in all the many other activities for which corporate clients use EnCase.

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AccessData webinar on 21 August: Summation and FTK: streamline your eDiscovery and investigation needs

accessdata2AccessData is producing a webinar on Friday 21 August at 10.00am Mountain Daylight Time with the title Summation and FTK: streamline your eDiscovery and investigation needs.

You can read about Summation here and about FTK here. An article published recently by the BC Paralegal Association includes an article by AccessData CEO Tim Leehealey on the “the New Summation” which gives an overview of the updated features.

There is more information about the webinar here, together with a registration form.

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ZyLAB webinar with the Information Governance Initiative on 13 August

ZyLABThe Information Governance Initiative is a vendor-neutral organisation whose purpose is to encourage the adoption of information governance practices and technologies. Software company ZyLAB is an active Charter supporter of the IGI.

The IGI will shortly publish the survey results from its 2015-2016 annual report. Mary Mack of ZyLAB and Barclay Blair of the IGI will be giving a preview of the survey results in a webinar on Thursday 13 August at 1:00pm EDT.

The same pair did a similar webinar last year which I wrote up at length because it was so packed with ideas for those seeking to initiate and implement IT strategies in organisations; I have mined it ever since for content for my own webinars and panels (something the IGI actively encourages). We can expect the same from this one.

There is more information and a registration form here.

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Metadata matters in eDisclosure / eDiscovery. But what is it?

cicaydaAn article by Cicayda’s Aaron Vick asks the question “What is metadata?”. Those in the UK who might hope that the question is irrelevant to them might first count the number of times the word “metadata” turns up in the practice direction which governs electronic disclosure.

Many years ago, as I was about to open a half-day talk to judges about eDisclosure, a representative of one of the Big 4 consulting firms leaned across and hissed at me “For God’s sake don’t try and tell them about metadata”. That session ended, four hours later, with a judge asking “What exactly is electronic disclosure?”, and I have wondered ever since whether a greater emphasis on metadata might have been more or less helpful.

Aaron Vick of Cicayda writes straightforward articles about the nuts and bolts of electronic discovery. One of them is called simply What is metadata? giving in the sub-heading the answer “Metadata is simply the properties associated with a piece of electronic data”. Aaron opens with a simple and obvious parallel with library cards which store information about an item including information as to where to find it. Continue reading

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Useful lessons from a Nuix webinar on email archives

NuixI don’t know about you, but my heart doesn’t exactly race at the thought of listening for an hour to a webinar on email archives. On the face of it, email archives fall into the category known as “worthy but dull” – important, vital even, but not the stuff that dreams are made on, even for someone whose professional definition of “interesting” is as esoteric as mine. I listened anyway – and came away informed not only about the difficulties posed by email archives but about the arguments to use when you come across them in eDiscovery.

Nuix’s promotional material for its recent webinar Right, from the start, modestly understated its scope, and by a wide margin. We got the promised explanation of the limitations of native archive search and extraction tools, and Michael Lappin, Nuix’s Director of Archiving Technology, gave us a crisp and clear explanation of the reasons why in-house and external lawyers – not just IT people – need to understand what those limitations are. What we got in addition, however, was an immensely useful explanation from Therese Craparo of Reed Smith of the strategic and tactical benefits which follow when lawyers are able to explain to opponents and the court how those technical implications feed into eDiscovery arguments about scope, timelines and cost. The messages about proportionality and burden were well worth listening to irrespective of your direct involvement with email archives.

Nuix CTO Stephen Stewart moderated with his usual calm focus. If you don’t want my report of the webinar and would rather listen to the whole thing, you will find it here. The slides, which include case references and case studies which supplement the narrative, can be found here. Continue reading

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CYFOR helping clients with swaps claims

CYFORI was away for part of July and missed an article by eDiscovery and forensics experts CYFOR about work they are doing to help clients involved in swap / interest rate hedging product disputes.

The article by eDisclosure consultant Lydia Hawthorn, is called CYFOR: Swap claim mania.

For many, the concept of “ Discovery” or “eDisclosure” relates to the formal compliance with Part 31 CPR and the process of review, something encouraged by the straightjacket of the costs budget rules. Lydia Hawthorn’s article rightly draws attention to the role of providers like CYFOR in helping with early assessment of a prospective case “to focus the search and provide a ‘flavour’ of electronic documents before launching a larger investigation”.

CYFOR amplifies its own expertise with the use of world-class software from Nuix, Relativity, Guidance Software and AccessData among others to achieve this objective, as valuable for investigations and compliance as they are for litigation.

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Xerox Litigation Services: corporate involvement in eDiscovery, TAR implementations and eDiscovery managed services

XeroxGabriela Baron, Esq. is Senior Vice President at Xerox Litigation Services. Xerox Litigation Services offers a range of eDiscovery solutions including software, services and consulting increasingly (as we will see below) to corporate clients. Its software includes the Viewpoint Software, OmniX hosted review, and CategoriX technology assisted review. Between them, these solutions offer behind the firewall or external options; they can be managed directly by the client, by Xerox Litigation Services, or by a mixture depending on the size of the case and the resources the client has available for the project.

Gabriela Baron has been involved in eDiscovery for a long time and is one of the contributors to the informative blog which Xerox Litigation Services uses to encourage good practice and thought leadership about the most effective ways to achieve eDiscovery objectives. I had the opportunity to speak to Gabriela recently, and what follows is a series of questions from me and her answers.

Chris Dale

Anecdotally, control of the eDiscovery process is increasingly passing away from law firms and into the hands of the corporate clients’ legal departments. Is this consistent with your experience?

Gabriela Baron

The market has changed and is continuing to evolve. I have been involved in eDiscovery since January 2004. In those days, I spent about 95% of my time speaking to law firms because they were the ones making the eDiscovery decisions; they were expected to handle discovery as well as the underlying legal issues. I now spend about 5% of my time speaking with law firms.

By late 2005, the larger clients were reconsidering their approach and looking at different ways to manage discovery. Their first step was hiring suitably skilled staff – hitherto they had had no internal expertise and no-one capable of vetting providers and their technical capabilities. Some law firms were better than others at doing this for their clients, and a few firms distinguished themselves by being very good at identifying people with technology backgrounds and moving them up into the discovery “lit support” arena.

Large corporations tend to use many different law firms – sometimes hundreds of law firms — that tend to be chosen for their specialized subject matter expertise rather than their eDiscovery knowledge or sophistication. Companies came to realise that they did not know where their data was or how secure it was, and often did not know who was holding the data and how financially sound the companies controlling the data were. Corporations slowly realized that in order to bring some uniformity to the security protcols applied to their data, they would need to vet the eDiscovery providers internally and enforce certain requirements of any third parties handling or hosting corporate data.

Chris Dale

Where did these companies find the skilled staff? Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Predictive Coding, Technology Assisted Review, Xerox Litigation Services | 1 Comment

iCONECT webinar on 19 August: customise your review platform in just a few clicks

iCONECTiCONECT, makers of the iCONECT-XERA review platform, has always been good at webinars designed to help users and prospective users understand how the software works. Rightly confident of XERA’s aesthetic appeal and user-friendliness, it lets the benefits speak for themselves by demonstrating user functions.

iCONECT-XERA is strong on customisation including, for example, the ability to switch easily between languages on the user interface. That same flexibility allows iCONECT to customise each instance of iCONECT-XERA (or make it easy for the company or service provider to do so) so that the user interface can be branded appropriately, thus asserting the leadership and ownership of the project. Continue reading

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 UBIC acquires EvD, Inc. to fortify its expansion in the US market

UBICeDiscovery company UBIC originated in Japan and quickly established a niche for its specialist skills in handling Chinese, Japanese and Korean languages in line with the expansion of trade between those countries and the US.

Its eDiscovery software Lit i View draws heavily on UBIC’s parallel strand of developing artificial intelligence applications, not just for legal and eDiscovery purposes but for a wide range of verticals including medical industries.

Last year, UBIC acquired TechLaw Solutions, to promote both UBIC’s brand recognition in the US and the expansion of channels to market.

UBIC has now followed that by acquiring eDiscovery company EvD, Inc. Where TechLaw Solutions offered opportunities primarily on the US East Coast, EvD will have the same effect on the West Coast. Amongst other benefits, EvD brings an operations centre in Manila which provides data processing services.

There is a press release with further information about this acquisition here.

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Interviewing Chad McManamy about Guidance Software’s 2015 Second Annual eDiscovery Survey

Guidance SoftwareIn this video, I interview Chad McManamy, VP of eDiscovery at Guidance Software. The main topic of our discussion was Guidance Software’s 2015 Second Annual eDiscovery Survey which collected answers from nearly 100 in-house legal departments and eDiscovery service providers about the trends which they were seeing.

I wrote about the survey here, and Guidance Software has published a White Paper by me analysing the results, which is on Guidance Software’s website here.

We followed this up with a webinar on 30 July called Inside counsel takes control – 2015 eDiscovery Survey with Scott Carlson of  Seyfarth Shaw and Patrick Heim of Dropbox as well as Chad McManamy. I hope to publish a link to a recording of that shortly.

In this interview, Chad McManamy goes behind some of the top line results of the survey and talks about how the results are borne out by his many conversations with Guidance Software’s clients and business partners. Continue reading

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Philip Favro of Recommind interviews English barrister Gordon Exall

RecommindIt is easy for eDiscovery people to treat the management of litigation documents as an end in itself, overlooking or ignoring the fact that discovery is one of many components of litigation. It is also easy (I get eloquent about this from time to time, as you may have noticed) for practitioners in one jurisdiction to ignore what happens in other places where the rules are similar, overlooking the opportunities to learn things which may be of benefit back home.

Philip Favro of Recommind in the US makes neither of these mistakes and, for as long as I have known him (quite a long time now), has encouraged awareness, by his writing and as moderator of panel sessions, about the wider context in which eDiscovery sits and about the lessons which might be learnt from other jurisdictions.

It is equally easy (that is to say, usual) for English barristers to overlook the practical implications of electronic disclosure. They want the evidence, of course, but often have no idea at all about where it might be found and what is involved in collecting and analysing it. In addition, the more recent UK rules about disclosure have passed many of them by – that sort of hum-drum stuff is for solicitors, they think. Continue reading

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

Interview with Judge Dory Reiling of the Amsterdam District Court

Judge Dory Reiling of the Amsterdam District Court is a well-known advocate of the use of technology to help both lawyers and courts deliver justice efficiently and at an acceptable cost. Among many other things at the frontiers between law and technology, she has been heavily involved in the development of electronic systems to smooth the path of cases through the courts.

Judge Reiling was a speaker at the LawTech Europe Congress in Prague last year, and I took the opportunity to interview her. She was understandably eloquent on the subject of her court systems project, and she talked also about the importance of judges attending conferences and keeping up with developments in areas where law and practice are constantly developing.

Other subjects which caught her attention at the Prague conference were the practicalities of dealing with evidence on mobile devices and the implications of the pending EU Data Protection Regulation. Continue reading

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Jeff Guttman of UBIC talks about the human element in eDiscovery software design

UBICJeff Guttman is Director of Managed Review Operations at TechLaw Solutions, a UBIC company. I caught up with him at the IQPC eDiscovery and Information Governance Summit in London in May and asked him what he was thinking about after listening to the conference sessions.

Much of the event had been about the interaction between lawyers and technology, with a focus on how new software was designed to enhance the lawyers’ professional and intellectual skills rather than supplant them. Jeff Guttman carried this point one stage further in this interview by talking about the relationship between users and those who develop the software.

His background in human review, he says, encourages feedback to developers on what users want and how they work. Developers “do not get outside the office much”, and it is part of UBIC’s culture to make sure that those who invent the tools get feedback on how they are used. Continue reading

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Patrick Heim of Dropbox talks about the trust and security expected from cloud services providers

DropboxPatrick Heim is Head of Trust and Security at Dropbox. Dropbox has a partnership arrangement with Guidance Software, and I interviewed Patrick Heim at Guidance Software’s CEIC 2015 in Las Vegas.

For many of us, Dropbox is an invaluable tool, mainly for its ability to synchronise files between devices at a personal level. Its biggest growth, however, is in providing file synchronisation and sharing facilities for business.

The interview begins with an explanation from Patrick Heim as to his title – trust and security are key components of any file management solution, he says; care of the data, security, compliance and confidentiality, all require trust.

The growth of Dropbox’s business – it now has 100,000 companies as customers globally – reflects its ability to facilitate collaboration and control and, as Patrick Heim puts it, to “integrate partners and collaboration networks”, where use of the cloud is inevitable and companies must collaborate with multiple partners. Continue reading

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Wide range of subjects and speakers at InSig2 Lawtech Europe Congress in Brussels in October

LTEC2015Lawtech Europe Congress, rebranded as InSig2 Lawtech 2015, has hitherto taken place in Prague. This year it moves to Brussels, taking place at the Management Centre Europe on 26-27 October 2015.

There are two keynote speakers. The first is by the well-known Ralph Losey, National eDiscovery Counsel at Jackson Lewis. His speech is called The future of the law: the impact of artificial intelligence and other advanced technologies on the search for truth and justice. The keynote speaker on Day 2 is Marcus Hartung, Director of the Bucerius Law School, whose subject is Technology and trends in the legal market: disruption, evolution, or – just hype? Perspectives from the European continent.

The programme covers a wide range of topics relevant to those concerned at the intersection of law and technology, sweeping up both criminal and civil jurisdictions, eDiscovery, forensics, information governance and the artificial intelligence technologies which are the subject of Ralph Losey’s keynote. Continue reading

Posted in Cross-border eDiscovery, Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Huron Legal, Iris Data Services, KCura, Relativity, UBIC | 1 Comment

Reminder: Guidance Software webinar on 30 July – Inside Counsel Takes Control: The 2015 E-Discovery Survey

I have already written about the Guidance Software webinar due to take place on 30 July at 11.00am PDT with the title Inside Counsel Takes Control: The 2015 E-Discovery Survey.

A blog post from Guidance Software called Panel of Experts from Dropbox, Seyfarth Shaw, and the eDisclosure Information Project to Discuss 2015 E-Discovery Survey Results expands on the reasons why this webinar is important, including the involvement of Patrick Heim, Head of Trust and Security at Dropbox.

We also have Scott Carlson, partner and chairman of the eDiscovery and Information Governance practice at Seyfarth Shaw (winners in the category Most innovative use of technology in the law firm in the 2015 LTN Innovation Awards), and Chad McManamy, VP of eDiscovery at Guidance Software. I am the moderator.

You can find the registration form here.

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Iris, Nuix and Recommind are winners at ALM Legaltech LTN Innovation Awards

I was preparing to go away when news broke of the award winners in ALM’s 2015 LTN Innovation awards, and so come to them rather late.

IRIS Data Services won the award for Best eDiscovery Managed Services Provider with it’s solution Arc, which was recently the winner also at the Relativity Fest Innovation Awards in 2014.

The Iris press release is here, and one from Epiq Systems on the same subject is here.

Nuix was the winner under the heading Best eDiscovery Processing. An article by CEO Eddie Sheehy called “Right, from the start” about the award and about the importance of processing, can be found here.

Recommind won the award for Best eDiscovery Review Platform with Axcelerate 5. Recommind’s press release can be found here.

The full list of categories and winners is here.

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Nuix webinar on 28 July: eDiscovery best practices when dealing with email archives

NuixOn 28 July, Nuix is presenting a webinar called eDiscovery best practices when dealing with email archives. It it addresses a problem faced by many organisations: very large volumes of email are gathered over many years; they are the source of eDiscovery demands for eDiscovery, regulatory and compliance demands; and they are extremely difficult to search quickly when speed is important for assessing the strength of your position, for satisfying an opponent or a regulator, and to keep costs down.

The webinar addresses:

  • The limitations of native archive search and extraction tools
  • How to mitigate eDiscovery risk when using an archive
  • When to use tools that bypass APIs and why.

The presenters are Sean Byrne, Head of eDiscovery Solutions, Nuix America, and Michael Lappin, Director of Archiving Technology in the Nuix Intelligent Migration Team.

There is more information and a registration form here.

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APT Search is looking for an eDiscovery sales director in London

APT SearchAPT Search, which specialises in recruitment for eDiscovery / eDisclosure posts, is looking for someone to take the role of eDiscovery sales director for an international client.

The successful applicant will become part of the client’s international business development team.

The job description, together with the requisite skills and experience and the personal attributes of the successful candidate can be found here.

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FTI Technology webinar on 16 July: the art of cooperation: helping mitigate FCPA investigation fallout

FTI TechnologyCraig Earnshaw, London-based senior managing director at FTI Technology, is one of the speakers at a webinar run by Compliance Week on 16 July at 2:00pm ET. It is called the Art of cooperation: helping mitigate FCPA investigation fallout.

In most common law jurisdictions, cooperation between the parties is required by the rules. Even where it is an express duty of the parties and their lawyers, cooperation can be hard to achieve for multiple reasons: there are is often a genuine dispute as to the right approach; sometimes, one party will see a tactical advantage to be gained by not cooperating; for many lawyers, cooperation does not come naturally because they see their role as being combative and think, rightly or wrongly, that their clients expect them to fight every point.

If cooperation is hard to achieve in the civil litigation context, it can be harder still within a regulatory investigation such as one under the US Foreign Corrupt Practices Act (FCPA). Regulators constantly urge parties to be as helpful as possible, implying an easier ride for those who provide information promptly, helping him to achieve his objective quickly and therefore more cheaply; lawyers sometimes see the regulator’s invitation as a trap, tempting the volunteering of information which might otherwise not be found.

This webinar explores the balance between conflicting positions. There is more information about it here, together with a registration form.

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Casey Flaherty talks about the expectations which corporates have, or should have, about their lawyers

Former in-house Counsel Casey Flaherty has set up a business called Cost Control to help companies manage legal spend. He makes no secret of his conviction that many outside lawyers offer poor value to their corporate clients because they do not know how to use basic software tools which will make them more efficient.

To help with this, he has devised an audit, testing lawyer capability with common applications like Word and Excel.

Corporate counsel, he says, should pay more attention to their lawyers’ competence, particularly in relation to rules and the use of technology, in the face of empirical evidence that they are spending more than they should. Continue reading

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Major Baisden of Iris Data Services talks about the Iris fixed price model for eDiscovery

IrisIris Data Services offers fixed prices for eDiscovery matters together with a managed services model which is designed to allow corporations and their lawyers to focus on the issues, the strategy and tactics of a dispute or investigation.

In this video, Iris President Major Baisden explains why he says that the traditional model of eDiscovery is broken. Its succession of stages, each more expensive than the one before, discourages lawyers from taking the next step in the case.

The 10,000 or so matters in which Iris has been engaged has allowed them to treat the whole management of each source as a unit. Amongst the other benefits, he says, is that this reduces friction between the law firm, the corporate client and the provider.

This interview was filmed in Hong Kong, where Iris is bringing the same fixed-price model to the Asia-Pacific reason region as it pioneered in the US and has successfully rolled out in the UK and mainland Europe.

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Xerox Litigation Services – eDiscovery Down Under

XeroxRachel Teisch, VP of Marketing at Xerox Litigation Services, is establishing a pattern of writing short helpful articles about different jurisdictions which are designed to give a brief summary of the most important factors applicable in each.

Her article from last year A game changer for discovery in Hong Kong is often re-circulated by others on Twitter and LinkedIn long after its first publication date. Another article Are China’s new data and cybersecurity regulations a wolf in sheep’s clothing? has been open in front of me when I do cross-border webinars for its helpful summary of developments in China.

Rachel Teisch has now written a short summary of the rules and practice in Australian civil courts. Called eDiscovery Down Under, it gives a brief and useful summary of the rules and the data privacy regulations applicable to Australian discovery.

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The European Anti Fraud Office (OLAF) uses ZyLAB to uncover fraud

ZyLABThe European Anti Fraud Office (OLAF) is responsible for investigating allegations of fraud, corruption and other irregular activity affecting the EU budget.

In 2014, OLAF investigated 1,417 allegations of possible fraud. It uses ZyLAB’s technology, and in particular its search and text-mining technology, to pursue investigations over very large volumes of data, including many new electronic formats across multiple data locations.

OLAF’s Director General, Giovanni Kessler, said recently:

We have concentrated on those cases where our intervention is most needed and can bring real added value – on complex investigations in areas such as structural funds, customs, smuggling, trade and external aid. These cases will contribute to substantial recoveries to the EU budget. Continue reading

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Guidance Software webinar on 30 July: Inside counsel takes control – 2015 eDiscovery survey

Guidance SoftwareEarlier this year, Guidance Software undertook a survey aimed at identifying trends in the management of eDiscovery, cybersecurity, information governance and other issues. The questions were aimed at finding out what subjects were of increasing importance, and how they were being tackled and by whom. I wrote an article about the survey results which you can find here, and you can find a white paper here which I wrote in conjunction with Guidance Software.

The subject is an important one and it will be covered in a webinar which Guidance Software is organising on 30 July at 2.00pm EDT.

The speakers are Scott Carlson, Chair of Seyfarth Shaw’s eDiscovery and Information Governance practice, Patrick Heim, Head of Trust and Security at Dropbox, Chad McManamy, VP eDiscovery at Guidance Software, and me.

There is more information about this event, together with the registration form, here.

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Smailes v McNally again: relief from sanctions refused after serial eDisclosure failures

Just before Christmas, I wrote an article called Smailes v McNally: eDisclosure consequences of failure to comply with Unless Order. It followed the delayed publication of the Court of Appeal’s judgment Smailes & Anor v McNally & Anor [2014] EWCA Civ 1296 (30 July 2014) which had overturned the judgment (which I called “kind to the claimants”) of Birss J. Smailes & Anor v McNally & Ors [2013] EWHC 2882 (Ch) (27 September 2013).

I won’t recite the facts again. My article says this:

I suggest you read both judgments, the original one for its analysis of almost every point which can arise in an argument about electronic disclosure, and the appeal judgment for the point which actually mattered. I use Birss J’s judgment as a training aid, because it amply illustrates my continuing theme of RTFR (Read the F* Rules).

In summary, the “kind” Birss J. allowed the defaulting party to live to fight again following a long history of disclosure failures. The Court of Appeal overturned the judgment and I said this:

This is why we have a Court of Appeal. When I read the original judgment, I thought the judge had been kind to the claimants but could not fault his analysis. Once Lewison LJ had juxtaposed the duty of reasonable search and the bare fact that there was no searching to be done because the documents were already right there, it became clear that no amount of reasonableness could qualify the clear terms of the order. Continue reading

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Jason R. Baron: why companies should pay attention to growing data volumes and to analytics

IGIJason R. Baron is Of Counsel at Drinker Biddle & Reath and Co-Chair of the Information Governance Initiative.

He was a keynote speaker at the LawTech Europe Congress in Prague last year, where he gave us many good reasons why companies should be paying attention to the ever-increasing volumes of data which they create and keep, not just to reduce cost and risk but to uncover valuable data.

This is one of two short videos which he recorded for me on that occasion. The other will follow shortly.

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Information Governance Initiative – the 2015-16 IGI Annual Survey

IGIThe Information Governance Initiative has launched a survey whose results will extend knowledge of the spread of information governance thinking and practice and inform future developments.

They will be published in an annual report which will include materials such as infographics which the rest of us will be able to use in presentations and other materials.

Begin the survey here.

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Civil Litigation Brief is two years old today

GordonExallHow did we ever manage without the Civil Litigation Brief?

Gordon Exall is a barrister at Zenith Chambers in Leeds. Two years ago today he began a blog about his specialist fields of civil procedure, costs, limitation, sanctions and evidence, and launched into Twitter, as @CivilLitTweet, to promote the blog.

Gordon’s blog has become an essential part of any litigating lawyer’s reading, not least because it is always bang up to date. If there was a judgment relevant to his topics yesterday, than the chances are that it is already on Civil Litigation Brief, with extracts, links and comment. Continue reading

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APT Search is looking for a review manager in London

APT SearchAPT Search, who specialise in eDiscovery / eDisclosure recruitment, are seeking someone to take the role of management review leader / review manager based in London.

The successful applicant will have a legal background and at least seven years’ experience in document review, in managing others and in leading teams.

There is more information about this post here.

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