Relativity Spring Launch Roadshow in London on 22 April

For the last two years, kCura has had a Spring Roadshow in London. This has had two primary purposes – a specific one in that new products have been announced there, and a more general one reflecting the importance of the UK market to kCura.

I wrote here about last year’s event and there are some photographs of it here.

This year’s event has expanded in both time and space. It is an all-day event, running from 9.00am to 10.00pm and including Relativity training, a user group meeting (already sold out), a keynote from CEO Andrew Sieja and a networking reception with solution stations and demos.

The space problem has been addressed by moving the event to 155 Bishopsgate. ILTA Insight was held here last year, the first time many of us had come across this extremely good new venue.

You can find the programme for the Relativity Spring Launch Roadshow here, including a registration form.

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Recommind eDiscovery Professionals Symposium in London on 16 March

Recommind is holding its inaugural London eDiscovery Professionals Symposium in London on 16 March. The programme, which you can see here, runs from tea at 15:30 through to drinks at 18:00, has a mixture of discussion about eDiscovery and Information Governance and updates on Recommind Axcelerate 5.3.

One of the main benefits of Axcelerate 5.3 is the visibility which Recommind calls Business Intelligence, that is, the idea that electronic discovery is not merely a technical function carried out ancillary to litigation or investigation but a key component of the management of the business. Much of Recommind’s new development is aimed at giving businesses a clearer picture of the information (not just the data) which they own and which they need to access either for reactive purposes (such as an eDiscovery demand) or for finding value in the data.

These objectives are amongst the part of the broad remit of the Information Governance Initiative and Bennett Borden, who is both a founder of the IGI and a partner and chair of the Information Governance and eDiscovery Group at Drinker Biddle & Reath LLP, will discuss this subject under the heading Achieving strategic advantage through visibility into information.

The closing session brings us back to electronic discovery / eDisclosure with a Q&A session called Litigation support – trends, challenges and changes for the year ahead. I am moderating this panel, whose members are Bennett Borden, Andrew Moir of Herbert Smith Freehils, Mark Simmons of Ashurst, and Bill Onwusah of Hogan Lovells.

The target audience for the symposium includes litigation and eDiscovery support professionals, eDiscovery partners and associates, and consultants involved in any aspect of eDiscovery or information governance.

The event is by invitation. You can telephone Amie Rogers on (020) 3627 6092, send an email to
or use the simple registration form here.

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Hong Kong videos from the InnoXcell Big Data Symposium 2014

I have published photographs from the InnoXcell 2014 Big Data Symposium here and here. We also took the opportunity to do video interviews, some of which have lasting value.

Judge David Harvey of New Zealand talks about courts, lawyers and technology


Jennifer Qian of Epiq Systems talks in Mandarin about non-English eDiscovery in AsiaPac


Celeste Kemper of Epiq Systems discusses Hong Kong eDiscovery and non-English language discovery Continue reading

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InnoXcell conference in Hong Kong in April 2014 – Part 2

I have made my excuses in an earlier article for waiting so long to publish these photographs of an event which took place so many months ago. By this stage, their significance, if any, is historic, part of the record of a year already long gone. As with the previous batch (and, indeed, with pictures taken at many venues), the light on the stage was low and the room tainted with a yellow cast which is hard to eradicate.

The first group is of a panel moderated by Patrick Strong of FTI on the subject of eDiscovery points for in-house counsel to do with Big Data, privacy and related matters. The other panel members were Veeral Gosalia of FTI and Denis Brock of King & Wood Mallesons.

The next group is of Paul Taylor then of Consilio and Loren Harper of Simmons & Simmons.

Then is a panel led by Celeste Kemper and Nick Rich of Epiq Systems designed to demonstrate the power of Epiq’s audio eDiscovery tools. A team read transcripts in Mandarin and English and Epiq’s audio discovery technology handled it on the fly. Not everyone would be brave enough to try this live. It worked. It impressed.

We did video interviews with Epiq people which appear, with others, in a separate post.

The next block of pictures is of another FTI panel led by Patrick Strong with Amanda Beatty of King & Wood Mallesons and me. Our subject was the legal and practical aspects of collecting data from the ever-wider range of sources on which it might now be found. The large pile of metal and plastic in the floor beside me is the collection of web-connected devices which I carry. Multiply that by every relevant custodian and you have a complex data-collection problem on your hands (preceded, I hope, by an analysis of which of them is actually likely to carry data which is a) really relevant and b) proportionate to collect and process).

The final group of pictures is of a panel led by Celeste Kemper of Epiq Systems whose main subject was Hong Kong’s then-pending eDiscovery Practice Direction. The central panel member was Registrar Lung (who was shortly afterwards to deliver a judgment called Chinacast which made it clear that his court, at least, would make good use of the new Practice Direction in an appropriate case – I wrote about this, among other AsiaPac matters here). The other panel members were Dominic Wai of Baker & McKenzie and me. This was an interesting discussion, not least because I took a slightly different approach to that then taken by Registrar Lung – I say “then taken” because his Chinacast judgment was all that I might hope for in terms of judicial active management which was one of the things on which we expressed different views on the panel. Continue reading

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InnoXcell conference in Hong Kong in April 2014 Part 1

These photographs below were taken at the InnoXcell Big Data Symposium in Hong Kong in April 2014. It is, I appreciate, a little late to be publishing photographs of an event which took place so long ago. My excuse, if such be needed, is that I did a lot of events back to back in the early part of last year and accumulated more photographs and videos than I had time to deal with. We got the videos out reasonably quickly and I have now been spurred to do the photographs as part of a belated review of the year.

This page contains photographs of a dinner and discussions which took place on the evening before the conference. The main event was a judicial discussion, moderated by Menachem Hasofer of Mayer Brown JSM. The judges were Senior Assistant Registrar (as he then was) Yeong Zee Kin of Singapore, Judge David Harvey of Auckland in New Zealand, and Registrar Lung of Hong Kong.

A second panel included Laura Kibbe, now of Morgan Lewis, Sophia Yip of CBRE and John Witts of BNP.

The opening few pictures are of Jeffrey Teh of InnoXcell. InnoXcell is running a three-day event in Hong Kong this year from 14-16 April, called the Asia Symposium 2015. Continue reading

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EDRM webinar today: Getting Cloud Data from the New Big Three: Google, iCloud & MS Office 365

I have been travelling, and nearly missed the announcement of a webinar taking place today at 1:00pm Central with the title Getting Cloud Data from the New Big Three: Google, iCloud & MS Office 365 in which one of the speakers is Ian Campbell of iCONECT.

Data which is potentially discoverable now goes well beyond conventional email and Word documents created locally and sitting on corporate servers. Data is created and stored in the cloud – in Gmail or Office 365 for example – and now includes less conventional forms, including social media.

As well as Ian Campbell, the speakers in this webinar are Jason Pill of Phelps Dunbar and Andrew Wilson of Logikcull. The moderators are George Socha and Tom Gelbmann of EDRM.

There is more detail about this webinar here, together with registration information.

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AccessData presents an opportunity to test drive its products

AccessData is offering a test drive demo to allow prospective users the opportunity to try its full products for 20 days.

The idea is to allow people to evaluate features and benefits and to see how the products can help solve business problems.

The offer applies to MPE+ and (shortly) to FTK and MPE+ nField.

I am constantly urging people to sign up for web demos. This is an opportunity to go one step further and actually try the products out.

You can download them from here.

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Bill Belt of Deloitte talks about Corporate Knowledge Strategies

Corporate Knowledge Strategies, known as CKS, is a forum for communities of practice for those concerned with corporate information and the issues surrounding its creation, its safekeeping and its use.

I took part in an event which CKS ran New York at the beginning of February at which an audience mainly consisting of corporate in-house lawyers discussed information governance, knowledge loss prevention and related matters of growing importance to corporations.

Judge James Francis talked about the Dublin Warrant case and its impact on privacy and security issues, and the day closed with an eDialogue with judges, led by Anne Kershaw of CKS, Bill Belt of Deloitte, and me. The judges were Judge Douglas Arpert, Judge Frank Maas, Judge James Francis and former Judge Ron Hedges, who talked about the most common kinds of eDiscovery disputes, about proportionality and preservation and about the trends we might expect to see in 2015. Continue reading

Posted in Anne Kershaw, Bill Belt, CKS, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Information Governance | Leave a comment

LegalTech Hong Kong on 2 March – a video introduction

The third Legaltech Hong Kong takes place on 2 March at the JW Marriott in Hong Kong.

As always, the agenda is broad, running across a wide range of the challenges which face lawyers in the Asia-Pacific region.

I recently bumped into Peggy Wechsler and TJ Johnson of ILTA and asked them to tell me about the programme. The resulting video, prefaced with a short and enthusiastic introduction from me, appears below.

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Hong Kong, ILTA, LegalTech | Leave a comment

CEIC agenda live online

CEIC 2015, run by Guidance Software, takes place at Caesars Palace in Las Vegas from 18 to 21 May. Its agenda is now live online and ready to be explored.

I will be there, talking about data protection, privacy and cross-border discovery issues.

You can find more information and registration details here.

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UBIC webinar on 18 February: cross-border issues in eDiscovery

UBIC is the sponsor of an EDRM / Apersee webinar called Cross-border issues in eDiscovery to be broadcast on 18 February, at 1:00pm Central / 7:00pm GMT.

The broad issues arising in this context are reasonably clear, deriving not merely from broad questions of conflict of laws, but from the clash between the very broad eDiscovery requirements of US courts and regulators and the restrictions placed on the collection of data by the EU and other jurisdictions. The webinar aims to address the practical issues which arise.

Paul Starrett
of UBIC is one of the panel members, along with Matthew Davis of Hogan Lovells and Brian Corbin of JPMorgan Chase. As usual with the EDRM webinars, the moderators are George Socha and Tom Gelbmann.

You can register to attend this webinar here.

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kCura webinar today: text analytics in action – finding the “killer patent”

kCura is participating in a webinar today, 17 February, called Text Analytics in Action: Finding the “Killer Patent”.

eDiscovery people tend to think of “discovery” purely as a component of disputes. The origin of the word in that context is, obviously, the procedure rules in most common law jurisdictions, and the term has been extended to cover regulatory investigations, internal investigations and other matters where one party is responding to a formal demand by another.

Some very sophisticated tools have been developed whose focus is on finding every last document in order to comply with the rules. Most of this technology, of course, is derived from search tools used in wider contexts. We can continue the circle further by using the advanced tools developed for defensible eDiscovery for other purposes.

The US Patent and Trademark Office has a very large public database. A webinar to be broadcast today considers the use of kCura’s text analytics tools to query this database for purposes which, whilst broadly legs in naturel, are not necessarily for a litigation or regulatory purpose.

Ryan Hynes
and Evan McAlpine of kCura are the main participants, and the webinar is moderated by Andy Moore, Publisher of KMWorld.

The webinar takes place at 11.00am PT / 2:00pm ET. You can find further information about this webinar here.

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Richard Susskind and the CJC recommend online dispute resolution – but can the MoJ deliver?

Professor Richard Susskind has been a long-time and eloquent proponent of alternative ways of settling disputes through the use of both technology and procedural amendments. His picture of arguments being resolved by people in fancy dress in wooden-walled courts has long been a persuasive argument for change even before the costs are taken into account.

Richardson Susskind is the the principal author of a report called Online Dispute Resolution for low-value civil claims from the Civil Justice Council recommending what Susskind calls “a radical and fundamental change in the way that our court system deals with low value civil claims”. The proposals, set out on a new website here, include three tiers – dispute avoidance / legal online evaluation, dispute containment / online facilitation, and dispute resolution / online judges. Technology comes into play both in the provision of interactive information services which will “help people diagnose their issues and identify the best way of resolving them” and in systems allowing papers to be received electronically by a judge with an option of telephone hearings, perhaps via Skype. The report advocates that pilots should be undertaken backed by consultation with consumer groups and the legal profession. Some changes to the civil procedure rules will probably be needed, not least the rules relating to disclosure of documents. Continue reading

Posted in Courts, eDisclosure, Electronic disclosure, Litigation | Leave a comment

A post-LegalTech hiatus

You will be wondering, no doubt, at the near-silence on my part on my blogs and Twitter for the last two weeks or so. I don’t suppose you’d noticed at all in fact, but I will tell you anyway.

The first week is easily explained – I was at LegalTech in New York and rarely attempt to write anything when there are events to attend, things to do, and people to see. Having wifi in your room is a largely notional benefit when you get back to your room only briefly to sleep before the next meeting or foray to the exhibit floors.

I also did two panels, one for CKS and one for Nuix on which I will write in due course.



The silence since then is easily explained: my son William and I brought back 500 or so photographs and some videos. Last year, I deferred the processing of these things, with the result that I am still producing them months later. This time, I elected to deal with the media first. The photographs get culled and processed in Lightroom and Photoshop. The videos get linked up with their audio tracks and processed in Adobe Premier Pro; we have taken to topping and tailing them with an introduction from me and relevant pictures and text as in this one of Cicayda’s Roe Frazer, and it all takes time. Continue reading

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Xerox Litigation Services on the Big Data Analytics Track at LegalTech

Xerox Litigation Services is sponsoring and participating in two panels on the Big Data Analytics Track at LegalTech on Wednesday 4 February. Both are described on the press release here.

One, at 10.30 is called Legal’s new role in enterprise risk management: using “big data” analytics to identify hidden risks. The main theme here is that Big Data Analytics gives us the potential to identify sources of risk before they turn into problems, including potential violations of regulations as well as fraud.

Speakers include Bennett Borden of Drinker Biddle i& Reath and the Information Governance Initiative with speakers from Credit Suisse, Aviva Spectrum and Federal Retirement Thrift Investment Board. The discussion will be led by Rob Hellewell of Xerox Legal Services.

The second panel, at 12.15, is called Protecting employee and customer privacy in an area of big data monitoring.

This discussion will be led by Jason Baron of Drinker Biddle & Reath and it covers one of the subjects which Jason Baron has highlighted as being of increasing significance – he did so in a recent interview with me, for example, which will be published shortly.

The Internet of things has given rise to data collection mechanisms all around us. Each adds something to business and personal lives but, when aggregated, they pose a serious privacy risk. How do you reconcile their value with reasonable expectations of privacy?

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Roe Frazer of Cicayda interviewed by Chris Dale in Prague

Roe Frazer is CEO of Nashville-based eDiscovery
software company Cicayda. Cicayda is proud to be different from its competitors in everything from the development tools which it uses to its marketing style.

In this video, Roe Frazer draws on his experience as a former trial lawyer as well as his many years in legal software development and talks about the use of technology to get to the evidence which lawyers need to fight their cases. He also brings up the use of Cicayda for information governance.

Roe Frazer of Cicayda interviewed by Chris Dale in Prague from Chris Dale on Vimeo.

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iCONECT and Nuix Deliver Direct-to-Database Integration

Nuix and iCONECT have completed delivery of “Direct to Database” (D2D) integration between Nuix eDiscovery and iCONECT-XERA®.

Nuix users can now automatically create an iCONECT-XERA database and transfer extracted document data for review from within Nuix eDiscovery Workbench.

iCONECT-XERA databases are configured and populated at the touch of a button; users no longer need to leave the Nuix application to create and configure the database, populate the database, or append additional documents.

There is more information about this here.

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HP focuses on Information Governance and eDiscovery at LegalTech

HP has a series of panel sessions at LegalTech on the related themes of information governance and eDiscovery.

Titles include Information Management in the Age of the New AttorneyCounsel’s Secret Weapon in the Information Wars: Governance Strategies and Tactics and How to Take Advantage of the Cloud for eDiscovery.

In addition to an array of HP speakers, the speaker list includes Jason Baron of Drinker Biddle & Reath and the Information Governance Initiative and Johnny Lee of Grant Thornton.


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Recommind adds business intelligence to Axcelerate 5

Earlier generations of eDiscovery software focused on the mechanics of the eDiscovery task – the assimilation, culling, analysis, search and production of data.

Newer generations of software recognise that electronic discovery is not just a technical process nor merely a legal process but a business process, and that clients and their lawyers need to need more information about projects in order to make business decisions about them.

Recommind has added new functionality to Axcelerate 5 which gives visibility into the time, cost and quality of document review, showing everything from project expenses to staffing levels and performance, resource allocation and other factors fundamental to business decision-making.

There is a press release about the new version here. As David Horrigan of 451 Research says in the press release, industries use business intelligence to balance risk against cost. Quite apart from the wider business context, these are the elements of proportionality, part of the information needed to persuade an opponent or the court whether an exercise, or a phase of an exercise, is worth doing.

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iCONECT to talk about content visualisation at LegalTech

Iram Arras of iCONECT is to lead a presentation at LegalTech called Seeing is believing: machine learning powered content visualisation for the enterprise on 4 February at 3:45 PM.

The session will focus on how machine learning makes it possible to use visualisation to find, navigate, organise and discover large amounts of unstructured, textbased content where the ambition is not just to find documents but to do so efficiently.

The the other speakers are Ari Kaplan of Ari Kaplan Advisors, Mike Schubert, VP of Software Development at Ipro, and Mark Gianturco, VP of Engineering at Content Analyst.

There is more information about this event here.

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Huron Legal track at LegalTech: cost control and using analytics to proactively manage

Jason Baron has been quoted as saying that there is a race between growing data volumes and improvements in smart data analytics. He says that the volumes are winning despite the rate at which computer science is generating ever smarter analytical tools.

The subject is obviously of great significance to any company with large volumes of data (which, in practice, means any company) and particularly those who face eDiscovery and regulatory demands for information.

Huron Legal is sponsoring the Day 2 track at LegalTech called Cost control and using analytics to proactively manage. There are three sessions, Analytics and information governance, Analytics to enhance litigation and discovery strategy, and Analytics for progressive law department management.

Laurie Fischer, Nathalie Hofman and Jim Michalowicz are the speakers. There is more information about this track here.

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Epiq Systems announce global partnership with Contoural to deliver information governance solutions

Information governance is a label which covers a wide range of functions. The overarching concern is the mitigation of risk and cost whilst uncovering value in the ever-growing volumes of data kept by corporations.

Those with eDiscovery technology skills are better placed than most to apply their knowledge and their technology to information governance. There is more to it, of course, than merely pointing technology at the problem. The management of data requires people who are skilled in the search, categorisation and all the other components of data management with experience of developing processes and workflows and of adapting these to the needs of companies and organisations.

Sometimes, this is best achieved by bringing together the attributes of companies with different skills to deal with different parts of the problem. The most recent example of this is a global partnership between Epiq Systems and Contoural.

Epiq Systems is known worldwide for delivering integrated technology solutions for lawyers. Contoural is an independent provider of information governance consulting services. The partnership aims to bring these things together to offer an integrated solution.

The Epiq press release here sets out a range of issues which can be addressed by this partnership together with other information about the new partnership.

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Cicayda unifies all its applications into one platform

eDiscovery software company Cicayda has built up a set of applications designed for specific functions during the eDiscovery process. They each have distinctive names – fermata legal hold, drone intelligent search, staccato ECA and reprise review, applications whose functions can be deduced from their names.

Cicayda has now announced that it is unifying all these applications and its search engine into one platform, called Reprise which embraces its cloud-based review software and workflow engine, search and analytics and other functions. Cicayda emphasises that it has developed all these tools itself and that there are no extra charges for the advanced analytics.

There is more information on in the press release here. The new version will be available for demonstration at LegalTech.

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Why I go to LegalTech

This is personal – it is about what I go to LegalTech for. As I make clear below, if you are a potential buyer of software, then LegalTech is the perfect place to see demos of everything relevant under one roof, and I positively recommend doing so. It is not what I go for.

You will have noticed increasing references to something called “LegalTech” in what I have been writing. Most of that has been on my eDiscovery / eDisclosure news blog, whose links appear in my periodic cross-reference posts on this site. If you are new here, it is not always like that. A more balanced diet will appear when LegalTech is over.

Those who are not diehard eDiscovery / eDisclosure people will have gathered that LegalTech is some kind of trade show. It is in fact the largest eDiscovery show in the world, taking place at the beginning of each February at the Hilton on 6th Avenue in New York, combining educational sessions with a vast exhibit hall with more social opportunities than you can fit into a month, all crammed into three days.


6th Avenue. The Hilton is the first building on the right

The spate of announcements which I have been manfully trying to capture are part of the blizzard of publicity which eDiscovery software and services providers throw out at this time of year, to promote a new enhancement, service or relationship.

I should make it clear that I wholly understand this. If you have the largest gathering in the world of eDiscovery people, in what is possibly the most litigious city in the world, you must be there or be forgotten. There is no better opportunity in the year to meet up with people, to cement existing relationships and to make new ones, and to sniff the eDiscovery air.

I will come below to a couple of cautionary articles written by others, but first, why do I go to LegalTech each year? I have been every year since 2007, so this will be my ninth LegalTech. Continue reading

Posted in Consilio, Discovery, eDisclosure, eDiscovery, Electronic disclosure, LegalTech, Litigation Support, Nuix | 1 Comment

ZyLAB announces a new Channel Partner Program

ZyLAB, which specialises in eDiscovery and information governance solutions, has launched a Channel Partner Program and is looking for technology companies, systems integrators and service providers to help bring ZyLAB’s eDiscovery production solution to its end customers in the US.

There is more information about this here.

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The Relativity experience at LegalTech

kCura is organising or taking part in a series of events at LegalTech, covering remediation in information governance, working whilst mobile using Relativity Binders and the use of Relativity Analytics.

kCura is also offering the opportunity to register for exams and educational sessions, and Relativity Ecosystem partners will be available to demonstrate their applications and integration is built on Relativity.

You can read more about this here.

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Show the human side of your business with video – examples from EY

I rather like some videos released recently by EY aimed primarily at encouraging people to join, and aspire to partnership at, EY. You can find them here.

I watched the one about Sanjay Bhandari, a partner in the fraud investigation and dispute services, partly because I know him (it was his tweet which drew my attention to the videos), and partly because his route to partnership is an unconventional one which should give encouragement to anyone, whatever their background.

I have my own interests in the use of video as a way of helping businesses, and particularly professional services businesses, to emphasise the human side of their services. Sanjay’s video is largely set in his office, but it includes snippets of his personal story and his home life which, to my eye, matter when a company is trying to make itself stand out in a competitive field.

You won’t like to admit this, but many businesses viewed from the outside (that is, from the viewpoint of prospective clients or customers) look very much the same, distinguished only by corporate branding. If you are going to place your commercial trust in a person, as opposed to merely to a product, then this matters.

We are in the media world now, and all those rolling polysyllables strung together by marketing departments no longer suffice to persuade clients to bring you their business. The recruitment point made by the EY videos is equally important, and the story of someone who went from Sanjay’s background (watch the video to see what I mean), to partnership at a major international firm is a story worth telling – and the “telling” is much better done by video than by yet more words on paper.

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Riverview Law video: Cometh the hour

I offer you this video from Riverview Law for two reasons: the first is the reason for which they made it – to draw attention to their own willingness to offer fixed price fees and other alternative fee arrangements to their clients.

They do it amusingly, and in a way which will cause a stab of self recognition amongst those who can’t think beyond the billable hour (that “think beyond” bit is important – there are many circumstances in which hours remain the only sensible measure of input; perhaps not when a big client is overtly seeking something different, as in this video)

The second reason for bringing it to your attention is for the first-class use of video as a marketing medium. I am not suggesting that it is necessary to have mini-dramas with actors, but it is an inventive use of the medium.

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Nuix brings its early case assessment tools to Lighthouse eDiscovery

Every month seems to bring us a new example of an eDiscovery services provider integrating Nuix into its client offerings. The most recent of these is Lighthouse eDiscovery which has incorporated Nuix Web Review and Analytics into Lighthouse ECA.

Lighthouse is already an established user of the Nuix tools. The new arrangement extends the collaboration between the two companies to enhance cooperation between users, to give fast access to key information and analytics, and to reduce the volume of data and thus the cost of review.

There is more information about this here.

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iCONECT offers transcript management with Opus 2 Magnum

iCONECT has announced an integration between its iCONECT-XERA document review platform and Opus 2 Magnum which makes Magnum transcripts available from within iCONECT-XERA via a common client interface.

There is more information about this here.

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Global bank selects Resolution1 for cyber incident response

Resolution1 is the cybersecurity specialist company recently spun out of AccessData.

It has recently published a paper about the use of its cyber incident response by a UK-based global bank.

All cyber attacks have an adverse effect on the organisation and, often, on individuals and other businesses whose personal or commercial information is compromised by the attack. Cyber attacks on banks have a wider effect. The introduction to the Resolution1 paper quotes the British Banking Association as saying:

“If publicized, network security breaches can affect share prices, cause irreparable reputational damage and impact on the stability of the wider financial market.”

The paper shows how the bank uses automation and remote endpoint remediation to reduce incident response times from 10 days to 5 hours. It sets out the requirements in the RFI and explains how Resolution1 Security met the requirements, working with the bank’s security staff to develop further processes. Protection was obviously an end in itself, but the installation achieved the important secondary effect of saving money.

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Consilio is looking for a marketing manager based in Washington

Consilio, which has a global presence as a provider of eDiscovery services, is looking for a marketing manager based in Washington DC.

There is a very full job description here with a list of primary duties and responsibilities, together with contact details.

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AccessData at LegalTech: FTK+Summation – the convergence of digital investigations, big data, mobile data, and eDiscovery

AccessData is leading a discussion at LegalTech on 3 February at 1:00pm about the conjoined abilities of its forensic analysis and collection tools in FTK and its review and related tools in Summation.

In addition to these technical matters, the discussion will cover case law and trends relating to the use of computer forensics and civil litigation.

The speakers are Scott Lefton, senior sales engineer, and Keith Schrodt, Director of Product Marketing and Strategy at AccessData.

There is more information and access to registration form here.

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The run-up to LegalTech 2015 in New York

Apart from the big story of last week, Microsoft’s acquisition of Equivio, most of my output in the last few days has been about events planned for LegalTech 2015 which takes place in New York from 3 to 5 February. By coincidence or otherwise, the number of other announcements steps up at the beginning of the year and there are posts about webinars, acquisitions and product releases.

You can find all these from the links below, together with two others which has nothing directly to do with eDiscovery / eDisclosure but which are interesting anyway. The content changes during a typical day.

What appears below is the eDiscovery tab on my News aggregator site and are either to articles by me or to other information about eDiscovery. If you go to the site itself, you will find other tabs, including one called Justice which is mainly about the damaging follies of Justice Minister Chris Grayling, and one headed CPR which links mainly to articles on Gordon Exall’s Civil Litigation Brief.

Not all the tabs are work-related – there is one with some of my photographs on it, one about Oxford, and one which is a kind of scrapbook for anything I come across which interests me. The Home page pulls all these things together.

[The link to the eDiscovery News page originally appearing below has been moved to a later post]


Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, Equivio, FTI Technology, Guidance Software, Huron Legal, iCONECT, LegalTech, Navigant, Nuix, Recommind, Relativity, RingTail, ZyLAB | Leave a comment

Chad McManamy appointed Vice President of eDiscovery at Guidance Software

Here is an appointment I am pleased to see. Chad McManamy, Assistant General Counsel at Guidance Software, has been appointed Vice President of eDiscovery at the company.

According to the press release, Chad McManamy will the “voice of the customer” in influencing product development internally, as well as continuing his outward-facing role bringing the lawyers, judges and other end users of the discovery process together with those who make the tools which enable this.

I have known Chad for many years in my role as a speaker on behalf of Guidance Software on panels and in webinars, and as a long-serving member of Guidance Software’s Strategic Advisory Board

The press release sets out the ambitions of which Chad McManamy and Guidance Software have for his role. I very much look forward to working with him, not least at CEIC 2015 in Las Vegas in May.

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APT Search seeking junior project manager for a London post

An eDiscovery consultancy company with international reach is looking for a junior project manager in London.

APT Search, which specialises in eDiscovery / eDisclosure jobs, is looking for someone with ambitions to move into project management.

The qualifications include existing knowledge of document review and eDiscovery / eDisclosure processes together with a knowledge of various industry tools.

There is more information here.

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Recommind Roundup: LegalTech panels and a webinar

The run-up to LegalTech 2015 in New York generates a flood of eDiscovery-related events and notices, making it necessary for me to aggregate a few of them.

Recommind has published a list of the sessions in which it is involved at LegalTech on Wednesday 4 February. The focus is very much on the user – user-centric mobile, social, and cloud world is the first one, followed by user-defined predictive coding for fact finding a prioritised review. The last one, user-centric protocols for advanced review, moderated by Phil Favro, includes US Magistrate Judge James Francis among its panellists.

Recommind is also participating in a webinar taking place on 28 January at 1:00pm EST. Its title is the 2014 eDiscovery cases you need to know: lessons and best practices from a pivotal year.

Topics to be covered include preservation and production of data stored in the cloud and on mobile devices, how to develop a predictive coding process, and the effect of privacy rights, lawyer client privilege and the work product doctrine.

Phil Favro
moderates, and the panel includes US Magistrate Judge Xavier Rodriguez. You can find more information and registration details here.

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Panels at LegalTech in FTI Technology’s Actionable eDiscovery Learning series

FTI Technology is running a series of panels at LegalTech under the heading Actionable eDiscovery Learning.

Sessions include one on case studies of what is working in eDiscovery today, one on the forces shaping the legal landscape and a third on optimising information governance for easier eDiscovery.

Speakers include Ari Kaplan, US Magistrate Judge John Facciola and David Horrigan of 451 Research.

There is more information here.

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Information Governance Initiative Boot Camp, in New York on 2 February

The Information Governance Initiative is running an IGI Boot Camp at the Cardozo Law School on Monday 2 February from 9.00am to 4.00pm. It is run in parallel with the Cardozo Data Law Initiative event of which I have already written

You can read the agendas for both of them here.

It is expecting to gather a diverse group from law firms, corporations and vendors for a day of interactive sessions on how to get started with information governance.

The matters to be discussed include identifying which parts of an organisation should be involved in IG, what projects they deal with, how to form an IG steering committee and the development of an IT project.

You can find further details, including registration information, here.

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Nigel Murray to host 9th Commonwealth Brunch before LegalTech

Independent eDiscovery and privacy consultant Nigel Murray has organised the 9th Commonwealth Brunch in New York on the Sunday before LegalTech.

The catchment is wider than is implied by the word “Commonwealth”. The event is for anyone who is in New York for LegalTech and who is not a US citizen working in the US. They can come from corporations, law firms, providers, consultants and competitors.

The Brunch is to be held, as it always used to be, at the Tavern on the Green in Central Park. That has been closed for refurbishment for a while but has now reopened. They do a fixed price menu at $45 per person. The meeting time is 10.30am at the Tavern on the Green. Everyone pays their own way.

If you want to come, contact Nigel Murray at

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Microsoft acquires Equivio for its machine learning eDiscovery, IG and compliance technology

We learned yesterday that Microsoft has acquired Equivio, confirming a rumour which started circulating during last year. An article on the Microsoft blog says:

“We are making this acquisition to help our customers tackle the legal and compliance challenges inherent in managing large quantities of email and documents”.

Microsoft has contributed more than any other company to the world’s ability to create user content. It is fitting that it should want to own some of the best technology that exists for managing that content, not just for eDiscovery and compliance purposes, but for extracting value from it. The reference in the Microsoft blog post to Office 365 is as significant a pointer as you could want as to Microsoft’s intentions.

You can judge the importance of Equivio by the impact when rumours first started circulating about this acquisition, with long articles devoted to the implications. I kept my trap shut, preferring to avoid speculation on a subject where I had no more hard information than anyone else.

The subject kept recurring in private conversations, however – it came up in a discussion with an eDiscovery provider as recently as last week in which it was an unspoken given that the Microsoft deal would happen at some point. I sometimes write predictions on scraps of paper, date them and stick them in a drawer; I did not do that on this occasion but, if I had, I would have anticipated an announcement before LegalTech. That would have been a Holmesian “dog that didn’t bark” conclusion: Equivio always announces something new at LegalTech – it was Themes last year, and Zoom the year before that; I have had no hint of any such product release, so something else must be coming, and it wasn’t hard to guess what.

As you will have seen, I have been trying to write up all the eDiscovery news to clear my decks before LegalTech. I was a bit stuck with Equivio, because there was nothing new to say, and I got no further than writing a heading about their extremely good series of predictive coding webinars from last year. One concludes from Microsoft’s announcement and from Equivio’s references in their own announcement to “our user community” and to the continuing support for customers and partners, that these webinars remain relevant – you will find them here.

I recall a discussion with someone at the dreadful LegalTech of 2009 – “dreadful” because eDiscovery companies were failing (one closed down the day before it was due to give a LegalTech presentation), and the main activity at the show seemed to be the hawking around of CVs. My companion expressed concern about Equivio, then only five years old and very much smaller than many others in the industry. Equivio will be fine, I said, with its lean development and sales teams, strong work ethic, and already a range of inventive solutions which were solving real problems. There were many other software companies, those with me-too and catch-up solutions and with big teams to support, which would suffer before Equivio, I said. That analysis proved correct.

There was a nice tweet yesterday from iCONECT, one of Equivio’s technology partners. “Good things happen to good people”, it read. I agree, and I look forward to hearing more about the proposed role of Equivio under its new and very broad umbrella.

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Cardozo mini-conference on Big Data and its legal impacts in New York on 2 February

Patrick Burke, eDiscovery counsel at Reed Smith, is also Executive Director of the Cardozo Data Law Initiative and a member of Cardozo’s adjunct faculty.

The CDLI is running a mini-conference on Monday 2 February at the Cardozo Law School with the title “Big Data and its legal impacts” as part of what now seems to be known as “LegalTech Week” (LegalTech itself runs from Tuesday to Thursday).

The Cardozo event runs from 11.00am to 3.00pm on Monday. The panel subjects and speakers are listed on the registration form here.

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Brush up iCONECT XERA skills with free training at LegalTech

iCONECT is organising live power user training on iCONECT-XERA on 4 February in New York, convenient for those who are attending LegalTech.

Whether you’re an iCONECT-XERA expert, or a novice just getting your feet wet, find out what’s new with XERA, network with iCONECT experts and share best practices.

There is more information, including registration details, here.

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ZyLAB session at LegalTech: top privacy concerns for 2015

Mary Mack, Enterprise Technology Counsel at ZyLAB, will moderate a panel at LegalTech 2015 called Top Privacy Concerns for 2015.

The list of topics to be covered includes wearables, cloud, mobile, online behaviour advertising, the right to be forgotten, expungement, service provider and law firm obligations, cross border data transfers, the EU Privacy Directive, and state and international regulation and enforcement – as comprehensive list as one could hope for in a single session.

Mary Mack will be joined by Lisa Sotto, Partner at Hunton and Williams, Amanda Kosowsky, VP Assistant General Counsel and Discovery Management of JPMorgan Chase and others.

Here is a link to the meeting request form for this session. Put “Privacy Panel” in the box at the bottom of the form.

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Nuix sessions at LegalTech: Information Governance today, tomorrow and beyond

Nuix is participating in three sessions relating to information governance at LegalTech New York. I am a panel member for one of them.

The track theme is Information Governance today, tomorrow and beyond. The track and its three sessions are summarised here. They are Information governance in the nowThe convergence of information security and IG and Information governance 2020 and beyond.

Ours is, I think, the last panel of the whole three-day event. Its agenda heading allows us to speculate about the future of a discipline – a wide-ranging set of disciplines, in fact – which together represent the only way we can hope to bring information under control over the next five years.

Smarter analytics develop apace, but the volumes of data, and the risk, costs and value in that data continues to outstrip technology development. It is not, of course, merely a matter of turning machines loose on the problem; we need processes and workflows, and for that we need people. Many of those will the dome-headed scientists; most, however, will be practical people, perhaps from other disciplines, capable of identifying achievable objectives and moving towards them aided by yet further technological developments.

My fellow panellists at this session are Leigh Isaacs, Director of Records and Information Governance at Orrick, Herrington and Sutcliffe LLP, Barclay Blair, of The Information Governance Initiative and ViaLumina LLC, and Alison North of AN Information Ltd. The moderator is Julie Colgan, Head of Information Governance Solutions at Nuix.

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UBIC’s Lit i View Email Auditor helps major Japanese manufacturers anticipate trouble

I have written before about UBIC’s Lit i View Email Auditor whose function is to help corporations identify suspicious or inappropriate email traffic before it can give rise to damaging investigations.

Email Auditor subjects messages to anticipatory routine auditing. It includes an automated learning process which uses UBIC’s AI-based Virtual Data Scientist software to improve selection accuracy as time goes by.

One of the risks faced by Japanese companies, as elsewhere, is investigations by regulators into apparent cartels and similar compliance issues. Email Auditor helps with this as well as with corporate fraud and theft of intellectual property.

There is a press release about this here. A further press release relates to the new Japanese patent which UBIC has been granted in relation to its Email Auditing system.

Whilst on the subject of UBIC, it has been applying its Virtual Data Scientist technology to the valuation of intellectual property in a joint project with Toyota Technical Development. The aim is to learn from decisions made by those involved in the development and management of intellectual property, reducing the time spent on evaluation and increasing efficiency.

There is a press release about this here.

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Information governance and compliance services from FTI Technology

FTI Technology has launched a new service which combines its technology with its skills to help organisations manage ever-growing volumes of data.

There is a press release about this here and the relevant page on the FTI Technology website is here.

I spoke to Jake Frazier, Senior Managing Director at FTI Consulting (there is a press release about him here), to find out more about this. There are, he said, many companies offering technology solutions for the management of deletion, migration and categorisation of information, but very few have the skill and experience to do it in a way which supports defensibility of the activities. It is one thing to find and delete classes of documents, to move them from one place to another or to re-categorise them, but it is quite another to be willing to give affidavits or to defend the processes before a court or a regulator. The new service from FTI brings both of these strands together.

Information governance is a broad topic covering many activities and requiring a wide range of skills. There is, Jake Frazier says, “a lot of hype” in the market about something where it is hard to make concrete predictions or to get tangible results. Companies name a Chief Information Officer and only then start to ask what the tasks are. They often hire a big consulting firm which produces a large document saying not much more than that the company should comply with its document retention policy. Many of them offer “too much strategy and not enough execution”. FTI’s new service aims to solve that problem.

As well as lacking precise aims, many IT projects have long timelines; budget priorities change and people move from the company or acquire different responsibilities and it becomes hard to protect the budget.

FTI’s goal is to pick things which it knows works and which will quickly generate tangible benefit. If a company is quickly able to say that a particular type of search, which once took seventeen days now takes four, or that it got rid of a specified quantity of backup tapes, then this is a tangible result with an identifiable saving.

Jake Frazier said that a many IG tasks are “always important but never urgent”. Getting rid of backup tapes and migration from an old email archive are good examples of activities which can quickly show results.

Legal departments are stuck with big collections of tapes, often created on machines which no longer exist or have email archives on systems which are going out of support, have reached end of life, or have inadequate search facilities. They would, perhaps, like to move the whole lot to the cloud, but get a high quotation with long timescales and the planned project dies.

The FTI approach is to look at retention policies, to do some sampling and to make selective extracts in consultation with legal and other relevant departments. They document the exercise in a way which enables them to help courts or regulators understand what has been done – and to do any eDiscovery matters which come up on the processes in hand.

Increasingly, this work comes up because companies are concerned about violations of data protection or privacy laws, something that was first driven from Europe but is now spreading to the US. It may be, for example, that the company is holding a great deal of data which should have been disposed of as a matter of data protection / privacy law or which is sitting in the wrong jurisdiction.

The main driver in the US is the increasing number of data breaches. A common element across many multinational organisations is that they have no one to bridge the gap internally and have differences of philosophy as well as of law and jurisdiction. FTI has teams in data centres in many jurisdictions, making them well-equipped to resolve this issues of this kind.

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eDialogue with Judges panel on 2 February in NYC as part of CKS New York Forum

LegalTech New York 2015 starts on Tuesday 3 February. I am involved in one of the last panels of the event, part of the Nuix Information Governance Track which I will write about shortly. I am also taking part in a panel before LegalTech even begins.

That is with Corporate Knowledge Strategies – CKS – which is running its 2015 NYC Forum from 8.00am to 6:30pm in the Deloitte NYC Conference Center at 30 Rockefeller Plaza.

There is information, including registration information, here, and the Agenda is here

The day includes, at 3.00pm, an eDialogue with Judges, involving members’ questions and hypothetical scenarios. The judges on this panel are Hon. Judge Douglas Arpert, Hon. Judge Frank Maas, Hon. Judge James Francis, Hon. Judge Ron Hedges and Hon. Judge Holly Fitzsimmons.

The facilitators are Anne Kershaw of Knowledge Strategy Solutions, Bill Belt of Deloitte, and me.

Before that is another topic which should be interesting. Hon. Judge James Francis will be talking about the Dublin Warrant case at 2.15pm, a subject of importance to anyone involved in discovery across borders. It was, of course, Judge Francis who made the original order requiring Microsoft to hand over emails. Bill Belt will facilitate that discussion.

CKS has done a series of videos in which its members explain what value they get out of CKS which you can find here.

I very much look forward to participating in this event.

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Eddie Sheehy of Nuix introduces the new eDiscovery features in Nuix 6

In this short video, Eddie Sheehy, CEO of Nuix, describes the new eDiscovery features to be found in Nuix 6.

Apart from an understandable emphasis on the raw speed of the Nuix engine, Eddie Sheehy focuses on the integration between Nuix Director and Nuix Web Review and Analytics. Between them, they offer users, not least managed service providers, an overview of the matters in their care.

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AccessData MPE+ nFIELD: Fast mobile data acquisitions

A very high percentage of the potentially discoverable data created by organisations now lies in mobile devices, a fact which seems to have escaped the attention of many lawyers. It becomes increasingly important to understand how to recover data from phones, tablets and other devices, and to do so quickly and proportionately.

This is a field in which AccessData has both the tools and the relevant expertise. An article on the AccessData website explains how this is done using AccessData’s Mobile Phone Examiner plus (MPE+) nFIELD.

The starting point, of course, is to think through whether your discovery obligations include the examination of such devices.

The article is backed by a video which you see below.

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