Contrasting “that whole truth and justice approach that us Yanks have” with the rest of the world. Really?

Those who skim articles rather than read them might conclude that this post is anti-US in tone. It is not – half my audience comes from the US and I am interested in balanced views not competing claims for purity. We all stand up for our own Discovery regimes; what we do in our own backyards is up to us. What matters in the context of cross-border discovery is that we will get nowhere if we treat the rest of the world as backward colonies who can be brought to the true path of eDiscovery by shouting our own merits at them.

Should I bother to reply to Ralph Losey’s recent article e-Disco News, Knowledge and Humor: What’s Happening Today and Likely to Happen Tomorrow? We are used to the idea that US lawyers think that their approach is the only route to “the whole pesky notion of truth and justice” as Ralph puts it, and that the “whole truth and justice approach that us Yanks have” is to be distinguished from the allegedly lax approach everywhere else. We are accustomed to the US idea that Yurrup is just one big place which has yet to learn the merits of the American way. We can give as good as we get, if we choose to, on the respective merits of our different systems and can attempt to understand what is different – not just in law but in culture – which explains our varying approaches to eDiscovery. If we are suitably objective about it, we can learn from others where that is appropriate. Or we can just write long blog posts rubbishing everybody else’s approach.

The reason it matters is that, at about the same time as Ralph Losey was pressing the “Publish” button in Orlando, I was at the Sedona WG6 Cross-Border and Data Protection Programme in Hong Kong arguing that we will make no progress in easing the path of trans-jurisdictional discovery if we simply shout our own terms of art at foreigners. As I put it in Hong Kong, never mind learning to speak Chinese – first you must stop speaking American and expecting everyone to jump to attention. It really matters very much to challenge the views with which Ralph Losey spatters his article. Continue reading

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Part 2 of iCONECT white paper: 4 reasons why they say you shouldn’t use predictive review

iCONECTI wrote here about a webinar produced by iCONECT, makers of the iCONECT-XERA review platform, in which iCONECT addresses some of the reasons – excuses may be a better word – which lawyers give for not using predictive review.

That webinar was accompanied by Part 1 of a white paper called 4 reasons why they say you shouldn’t use predictive review.  Now iCONECT has published Part 2 of that paper which you can find here. It addresses the subjects Confusion, Burden and Fear, and describes ways to overcome them. You can get a copy of the paper here.


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See what you’ve been missing on FTI Technology’s new website

A little way down the home page on its new website, FTI Technology has an unrecognisable blotch of pixels with the tagline “See what you’ve been missing…”. As you scroll past it, the pixels resolve into the face of a tiger lurking in the undergrowth. FTI also has a similar one, which caught my eye at LegalTech, in which something in the water – a log perhaps – resolves into a shark when you see it properly.

Ringtail shark

It is a good metaphor for eDiscovery, where the ability to focus quickly on the things which matter saves money and identifies both risk and value promptly. The tiger and the shark clearly represent risk and you would rather spot that sooner than later; the same applies to value – if you have in your possession the document which may win your case than it is better to find it quickly. Continue reading

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An interview with US Magistrate Judge Andrew Peck

US Magistrate Judge Andrew Peck is a tireless promoter of eDiscovery best practices. Although best known for his Da Silva Moore and Rio Tinto Opinions on the use of technology-assisted review, he is authoritative also on subjects as diverse as cross-border eDiscovery and (a particular favourite) the proper use of Federal Rule of Evidence 502d.

I had the opportunity to interview him recently and the result appears below. Among other subjects, Judge Peck covers the growing use of technology-assisted review – more than previously but not as much as it should be, he says; the role of the court in managing the eDiscovery process; the importance of reading and understanding the procedural rules; and the fact that TAR is not just a technology black box but a process requiring lawyer intelligence in training and using the system. Continue reading

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Bob Tennant of Recommind on a Bloomberg panel: What does the future of work look like?

RecommindBob Tennant, CEO of Recommind, was one of the panel members at a discussion at the recent Bloomberg Technology Conference.

Whether one likes it or not, technology is increasingly performing functions with the potential to replace humans, and the subject tends to generate fear on that account. It has the potential also, however, to enhance the work of people with appropriate skills, removing drudgery and allowing more considered use of results in the time freed up by release from that drudgery.

The message is an important one for lawyers and for those engaged in compliance and regulatory activities. For many people it offers career opportunities rather than threats.

Bob Tennant gives an example of an FTC document request which involved reviewing 5.6 million documents in a very short time. That task, he says, would have taken 100 people three months to do; using Recommind’s technology the job was completed by 7 people in 30 days. Years ago ago, he says, the FTC would have simply made a more limited request reflecting a reality which now changed. Continue reading

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APT Search is looking for an eDiscovery solutions sales executive in London

APT SearchSpecialist eDiscovery / eDisclosure recruiter APT Search is seeking to recruit a sales executive based in London on behalf of a company offering eDiscovery solutions to leading law firms.

The requirements include a “vast working knowledge of the disclosure” and the ability to develop new business from the outset.

There is more information about this post here.


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Nigel Murray cycles again for Help for Heroes

For several years now, eDiscovery and data privacy consultant Nigel Murray has been taking part in the Big Battlefield Bike Ride which raises money for Help for Heroes, a charity supporting those severely injured while serving in the armed forces. I usually write about it well in advance but have this year left it so late that Nigel is already in the saddle.

The Help for Heroes website is here and there are updates and videos here. As one who gets an ache in the legs on the 10 minute cycle into Oxford, I have always been full of admiration for Nigel for doing this year after year.  He won’t mind my saying that his frame and lifestyle are not obviously suited to this level of physical activity, making it the more impressive that he does it.

As I write, he is on Day 4, 45 miles from Caen to Bayeux along the coast which includes Arromanches and other scenes of heavy fighting on D-Day. Continue reading

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Alex Dunstan-Lee of Navigant explains the importance of the “people side” of doing an eDisclosure exercise

It is not just the technology and not just the price which matters when lawyers are choosing a provider of eDisclosure services. Lawyers have moved beyond seeing eDisclosure as just things on screens, and appreciate the people who are doing the work for them.

Prospective clients should ask more questions about them, says Navigant’s Alex Dunstan-Lee in this video, adding that he would want a recommendation about a human being, not just about a product or company. He gives an example of a question he would ask: give an example of a case where something went wrong, and tell us what you did to resolve the issue.


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Crossing borders back from Hong Kong

In case you wonder why this blog has fallen silent, it is because I am in Hong Kong for the 7th Sedona Conference Working Group 6 Cross-Border and Data Protection Programme.

That is a fairly intensive programme – a packed agenda, lots of people to talk to and some fine dinners, all wrapped around with a 24-hour journey at each end. It is quite hard to find time to tweet, let alone write anything of substance. I leave shortly for the long haul home.

It has been very good, as this event always is; there is much more to do, and at both ends of the problem – for those who want data and for those who are faced with the task of collecting it.  I will write about the issues (abiding by Sedona’s strict rules on non-attribution) when I get back.

Meanwhile, here is a picture of Hong Kong Harbour at night, taken on my last visit here in March.

Hong Kong HarbourHome


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

iCONECT: dashboards, predictive power, robots and nominations

iCONECTA recent webinar by iCONECT was called, provocatively, Are you ready to trust your next review to robots? I missed it because it coincided with a big event in London, but it is available as a recorded download, with other iCONECT webinars, here.

Its theme is the development of the right predictive review strategy, and learning (by experience and testing) the predictive review technology which, properly used, can reduce costs, improve quality, achieve deadlines and perhaps even win the case.

iCONECT is also the subject of an interview with Ari Kaplan with the title Glanceable Dashboards, predictive power, and the future of document review. Ari Kaplan interviews Ian Campbell, CEO of iCONECT and Iram Arras, VP of Product Strategy. You can access the interview here.

While on the subject of iCONECT, its XERA platform has recently been named by LegalTech News as a finalist for Best New Discovery Review Platform; there is a press release and a link to the shortlist here. Continue reading

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ZyLAB webinar today: selecting the right eDiscovery solution for your company

ZyLABeDiscovery software and consulting company ZyLAB is producing a webinar today, 4 June, at 1:00pm ET, with the title Selecting the right eDiscovery solution for your company.

The word “solution” in this context implies both the software selected for the task and the distribution of functions as between an organisation, its lawyers, and external eDiscovery providers. Companies face different implications depending on the number and size of litigation cases, the anticipated regulatory activity, and the number of internal investigations which must be conducted in a year.

The speakers of this webinar are Johannes Scholtes, Chief Strategy Officer at ZyLAB, and George Socha, co-founder of EDRM and Apersee. ZyLAB’s Enterprise Technology Counsel Mary Mack will moderate.

There is more information and a registration form here.


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APT Search and Big Red white paper: the skills and knowledge needed for information governance

APT SearchWhen I first got involved in eDiscovery / eDisclosure in the late 1980s, the components of the problem were relatively straightforward: lawyers needed to find evidence; they were required to comply with some civil procedure rules; they needed to make a profit from a largely mechanical task seen by clients as being of low value; new technology began to appear which purported to help lawyers perform their obligations.

These were interesting times because there was no inherited knowledge to draw on, nor was there anyone with skills, let alone qualifications, for managing the transition from paper-based discovery to electronic discovery. People stepped up to manage new problems, moved sideways from other skills, and developed new ways of working. Part of this was narrowly technical – the ability to use a new type of software, for example; part of it involved developing processes and best practices; part of it involved taking skills like project management from unrelated industries and disciplines and repurposing them. Continue reading

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Drinker Biddle names Bennett Borden as Chief Data Scientist to lead the firm’s data analytics strategy

There was a time when the roles of corporate professional advisers were sharply defined. Accountants did the sums, audited accounts and gave financial advice while lawyers dealt, largely reactively, with a well-compartmentalised class of problems which involved meeting legal obligations, securing proprietary rights and bringing or defending litigation claims; IP specialists and a range of others with specific skills or qualifications were hired as needed.

That compartmentalisation broke down when the larger accounting firms extended their roles, either by taking work away from lawyers or by offering services which met clients’ needs (whether they knew of those needs or not) and furthered their objectives. I refer in this context, as I have done before, to an article written in 2011 by Tom Kilroy, now Chief Administrative Officer and Chief of Staff at Misys, called Big 4 a reason. The article describes how the big consulting firms moved on from the provision of “esoteric areas staffed by technical propeller-heads” to a wider understanding of clients needs, to developing internal skills necessary to serve those needs, and to shepherding the clients down new routes by their understanding both of the problems and of the potential solutions. Continue reading

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eDiscovery and eDisclosure in the EU – a helpful primer from ILTA

ILTAILTA is the International Legal Technology Association. It has recently been furthering the commitment implied by the word “International” in its name.

This takes several forms, most notably the annual events in London and Hong Kong (I go to both and get great value from them). It has also put its weight behind publications relevant not merely within individual jurisdictions but across international boundaries. No subject has greater potential for misunderstanding than eDiscovery / eDisclosure in the EU, particularly when looked at from a US perspective. I’d love a pound (or a Euro or a Dollar) for every time I’ve been asked to “explain EU eDiscovery” as if it were a unified concept.

To address this, Jonathan Maas of Huron Legal in London and Vince Neicho of Allen & Overy have written a short article called eDiscovery / eDisclosure in the EU which ILTA has published here. Continue reading

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Bret Baccus of Huron Legal talks about the Huron IMPACT Benchmarking Survey

Huron LegalIn January 2015, Huron Legal released its IMPACT Benchmarking Survey on Law Department legal spend. In this video, Bret Baccus, senior director at Huron Legal, talks about some of the main points which arose from the survey.

No one factor, Bret Baccus says, helps with cost savings. What is needed is a comprehensive programme of legal spend management covering fee agreements, e-billing, matter management, budgets and other things.

Big companies now have better information derived from previous years’ experiences and 50% of them are using big data for rate negotiation. A combination of software tools for budgeting and project management, improved processes, and the appointment of managers dedicated to spend management is leading to significant reductions in legal costs for many big companies.


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Nuix webinar on 2 June: The state of Information Governance today

NuixNuix is producing a webinar on 2 June with the title The state of Information Governance today. The speakers are Julie Colgan, Head of Information Governance Solutions at Nuix, James Arnold, Managing Director, US Forensic Technology Services at KPMG LLP and Barclay Blair,  Founder & Executive Director, Information Governance Initiative

I have done two IG panels with Julie Colgan so far this year, one in New York and one in London. She is good at drawing out opinions which challenge accepted perceptions. One of commonly-held ideas is that information governance is just a concept in the minds of a small band of enthusiastiasts; the panel will show that companies of all sizes are doing or planning IG initiatives.

You can expect this webinar to be both practical and provocative as its members talk about “market trends…the projects that are getting funded, the technologies that are enabling action and the governance structures that are getting the most attention” as the webinar’s summary puts it.

That summary is here and includes a link to the webinar’s registration page.


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Epiq Systems boosts its audio discovery practice with Intelligent Voice

eDiscovery lawyers are constantly being told to watch out for new sources of discoverable data as platforms and data types multiply. Those who think only of email and word files are probably missing great deal of potential evidence.

Audio discovery is no longer “new”. In the financial sector, it has long been a compulsory source – compulsory for eDiscovery lawyers because it is compulsory for the clients to keep records of telephone conversations for regulatory and compliance purposes. Increasingly, it is not just financial businesses which keep audio records.

EpiqSystemsEpiq Systems has long provided resources for audio discovery. It has now moved that up a notch by becoming a Platinum Partner to Intelligent Voice. Continue reading

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Reminder: applications by Friday for Browning Marean scholarship to ILTA

I wrote recently about two scholarships being offered by ILTA in honour of the late Browning Marean, one for people living and working in the US and one for international applicants.

My article Attend ILTA Conference 2015 in Las Vegas on a Browning Marean scholarship is here and the details of the application are here.

This is a reminder that application letters must be submitted by this Friday, 5 June.


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Lawyer competence tops the bill at the 10th eDiscovery and IG Summit in London

This gallery contains 21 photos.

As I reached home after the second day of IQPC’s 10th eDiscovery and Information Governance Summit, cold, soaked through, and knackered after two days in which I had sat down only to eat or moderate panels, an email arrived…. I … Continue reading

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ZyLAB webinar today: dealing with the complexity of multinational litigation

ZyLABZyLAB is presenting a webinar today, 27 May, at 1:00pm ET with the title Dealing with the complexity of multinational litigation.

These speakers are Gregory Bufithis, managing director of eTERA Consulting Europe, and Mary Mack, Enterprise Technology Counsel at ZyLAB, both people worth listening to on this subject.

It is a topic which is simultaneously well-worn and constantly changing. The conflict between US eDiscovery demands, both under the Federal Rules of Civil Procedure and by regulators and other authorities, and the privacy and data protection regimes of other jurisdictions, is a long running one. The more recent layers provided by Snowden and the NSA, by the Dublin Warrant case, and by increasing EU pressure, notably on Safe Harbor, makes it constantly topical.

You will find more information and a registration form here.


Posted in Cross-border eDiscovery, Data privacy, Data Protection, Discovery, eDiscovery, EU Safe Harbor, ZyLAB | Leave a comment

Jonathan Marshall of Navigant talks about Navigant’s new presence in Hong Kong

Navigant_logo2Navigant has global clients for a wide range of business functions including those which require electronic discovery and related services.

In this video, Jonathan Marshall, a London-based director in Navigant’s Legal Technology Department, talks about Navigant’s new presence in Hong Kong. It is, he says, driven by client demand for eDiscovery, forensics and data analytics services for internal and regulatory investigations and for matters relating to tax, bribery, fraud, crime and other matters.

In addition, a Hong Kong presence allows Navigant to bring its cross-border eDiscovery expertise to the region and to work on matters for local courts and for arbitration. The aim is to take the services, expertise and technology to where the data is.


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Revival of LiST – the Litigation Support Technology Group

LiST GroupLiST – The Litigation Support Technology Group – is a London-based think tank with international reach. It was originally formed in 2003 by a group of litigation support specialists with the aim of encouraging and developing a uniformity of approach to the use of technology in litigation and in other forms of dispute resolution.

It is intended that the Group’s work will be endorsed by lawyers and judges and evolve into customarily accepted standards and processes, thereby minimising unnecessary disruption and delay, encouraging a collaborative approach to the use of technology in all forms of dispute resolution and achieving significant cost savings for clients.

Now, in 2015, the Group is being revived by a small number of original members and some much-needed new blood. It is expected that LiST will continue leading the profession in its adoption and understanding of relevant current and future technology whilst, at the same time, uniting other local and international groups with similar agendas.

The Group’s new threefold charter is based on its original aims and its current ambitions:

Thought leadership

Together, these form our new mantra: LiSTen! For obvious reasons we intend to limit participation in the thought leadership arena to LiST members who satisfy certain key requirements. However, an important part of the “new” LiST is to throw open membership of the wider Group to all, irrespective of their experience, place of work, location or commitment. Continue reading

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Guidance Software releases the results of its 2015 Annual eDiscovery Survey

Guidance SoftwareIn advance of CEIC in Las Vegas, Guidance Software has released the results of its 2015 Second Annual eDiscovery Survey.

As before, questions were put to in-house legal departments and eDiscovery service providers, nearly 100 of whom replied.

The main conclusions from the survey are consistent with the trends identified last year – in-house legal departments are facing more eDiscovery work and are taking more control of it themselves, increasingly by acquiring their own software tools.

The key findings include the following:

  • 53.5 percent indicated that caseloads are growing
  • 55 percent of those surveyed review more than 50 percent of their cases internally
  • 72 percent have an e-discovery software solution, with 46.7 percent having more than one
  • 50 percent reported having a bring-your-own-device (BYOD) program in place with an average of 50 percent participation by employees
  • 44.4 percent want the ability to collect ESI from the cloud in a defensible manner

I have written a short paper in conjunction with Guidance Software which looks at some of the more important results. You can find more information and a link to the paper here.


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Xerox Litigation Services blog: Five Scenarios to Test the Ethics of Technology-Assisted Review

XeroxUS lawyers are much more expressly focused on the ethics of litigation than we are in the UK. A cynical US lawyer once told me that that is because there is a paper on Ethics in law exams. My own view is that this is consistent with the general preference in the US for bright lines – clear statements which permit one to say with confidence when you are about to cross the line.

The rules and codes governing the conduct of UK lawyers are no less onerous in practice – there is nothing unethical about us because we don’t bang on about ethics to the same extent. The Law Society and Bar Council are certainly focused on ethical matters and universities – UCL for example – offer courses on legal ethics. US lawyers just talk about it more.

Disclosure has always been a source of potential risk for lawyers. In all common law jurisdictions they have a duty to give full discovery whether the result is in their client’s interests or not, and they can be punished for breach of that duty. The arguments lie at the boundary between concealment and neglect or oversight. They are perhaps accentuated as lawyers rely increasingly on technology to help them with their searches. Continue reading

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APT Search expands to meet information governance demand

APT SearchAPT Search is a specialist recruiter whose focus is on eDiscovery / eDisclosure. Its founder is Amit Pandit and, so far as I can see, nearly everybody in the UK eDisclosure business values Amit’s advice whether they are an employer or a would-be recruit.

APT Search has stuck firmly to the niche area in which it began. As eDiscovery is seen increasingly as a key component of a broader information governance strategy, however, APT Search has expanded its reach into information governance.

To do that, Amit Pandit has recruited two new members of staff. Ian Bannister has over 16 years recruitment industry experience in the IT, legal and manufacturing sectors, and brings that experience and knowledge to lead the information governance practice at APT Search. The aim is to make APT Search the dominant recruiting specialist in IG as it has become in eDiscovery.

Chloe Smith has also joined APT Search with responsibility for advertising, for identifying suitable individuals for opportunities, and to assist in the discovery and IT recruitment.

The function of APT Search is to know where the opportunities are to be found and, perhaps even more importantly, how to find and attract people into it. These additions to the staff should add considerably to its reach.



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Neota Logic expands into the UK with appointment of Greg Wildisen as International Managing Director

Neota LogicIf I were a technology investor, I would have put money into Neota Logic when I first heard about it. That would partly have reflected my faith in John Lord, the man who founded nMatrix, sold it to Epiq Systems and (as I recounted in this article about Epiq) established Epiq as a major force first in London and then in Hong Kong. John Lord paired with Michael Mills, the former Director of Professional Services and Systems at Davis Polk, made a combination at Neota Logic which was bound to succeed.

The second reason is that the expert system software which Neota Logic was then beginning to develop was the way the world was bound to go. Much of the decision-making and risk-assessment made by lawyers is based on rules and reasoning which are common to all matters of a like kind. Automating that aspect of decision-making is the only way in which lawyers and others with similar rules can deliver the core elements of the decision-making consistently, accurately and at an acceptable cost per matter, allowing them to add the value of senior lawyers, strategists and tacticians. Continue reading

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Major Baisden of Iris Data Services talks about Iris’s expanding presence in AsiaPac

When in Hong Kong recently, I had the opportunity to talk to Major Baisden, President of Iris Data Services, about Iris’s growing presence in the Asia-Pacific region.

Iris’s global clients are growing their businesses in AsiaPac, Major Baisden says, and the major cities of the region are not just financial centres but centres for global legal services. That makes AsiaPac a focus for future growth for Iris.

The Iris fixed price and managed services offerings enables lawyers to come across as technically aware and to decide for themselves how to add value for their clients.
A consistent theme across all regions is the need for proportionality – that the money spent on eDiscovery is reasonable relative to the volumes, the objective and the degree of risk involved. Managed services, Major Baisden says, enable lawyers to bring proportionality to their eDiscovery exercises.

Since this interview, Iris has been acquired by Epiq SystemsI wrote about that here. That can only increase the rate at which Iris will expand, in Asia Pac and elsewhere.

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, Iris Data Services, Video | Leave a comment

FTI webinar on 2 June: Using Ringtail Visual Analytics on Small to Midsized Matters

FTI TechnologyIt is inevitable that most of the attention is paid to very big eDiscovery matters and to the tools and processes needed to manage them. Most disputes, however, do not have documents measured in millions. Legal teams must analyse collections of 100,000 documents, 50,000 documents perhaps 5,000 documents, and must do so accurately and at a cost which reflects the value of the claim and the budget.

FTI Technology is one of the leaders in the development and use of analytical software, and has been ever since it acquired Attenex many years ago. The latest iteration of Ringtail includes further developments to its analytical tools which, although designed to handle the biggest matters, bring significant value also to smaller ones. One of the critical factors here, and something FTI does very well, is a user interface which is easily used by the lawyers conducting the review, not just to those with technical qualifications.

Small to mid-size matters are the subject of this webinar which is presented by JR Jenkins, Senior Director of FTI Consulting and Caitlin Murphy, Senior Director of Marketing at FTI Consulting. It is moderated by George Socha and Tom Gelbmann of EDRM. Together this makes a team of which I can say (I have known all of them for a long time) that they will be entertaining as well as informative.

There are more details and a registration form here.


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Recommind presentations: Investigations at Warp Speed: Strategies for Hyper-Efficient Review

RecommindRecommind is running a series of presentations at major US cities at the beginning of June with the title Investigations at Warp Speed: Strategies for Hyper-Efficient Review.

The agenda includes a presentation from Bennett Borden of Drinker Biddle & Reath and of the Information Governance Initiative. There will be an example of how to respond to Second Requests (and therefore to anything else) with speed and accuracy, and an update on Recommind’s Axcelerate 5.3.

The events are to be held in Washington DC, Philadelphia, New York and Boston. There are further details and a registration form here.


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Sir Bernard Eder appointed an international judge at the Singapore International Commercial Court

The idea behind the newly-created Singapore International Commercial Court is to expand the legal services sector and to make Singapore a centre for international dispute resolution.

Sir Vivian Ramsey, well-known to anyone concerned with recent developments in civil procedural law in England and Wales, has already has already been appointed one of the international judges along with Sir Bernard Rix and Simon Thorley QC (see article here from the Law Society Gazette about judicial recruits to the SICC). Now Sir Bernard Eder has joined them, having retired surprisingly early from the England and Wales bench (article about this in the Straits Times today) .

Singapore’s ambitions in this direction have been signalled for many years – I once sat at dinner next to Singapore Appeal Court judge who urged me to spread the word that Singapore was a place with “English law uncorrupted by EU law”. He also emphasised Singapore’s ambitions in legal education. The Singapore International Commercial Court is not the only initiative running in Singapore to capture disputes resolution work; it also has the Singapore International Mediation Centre and the Singapore International Arbitration Centre. Continue reading

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Attend ILTA Conference 2015 in Las Vegas on a Browning Marean scholarship

ILTAILTA is the International Legal Technology Association. It works throughout the year, and in an increasing number of jurisdictions, to help lawyers make the best use of technology in their practices. Its main event of the year is a big conference in the US, this year in Las Vegas from 31 August 3 September – my photographs of last years’s event can be found here..

Browning MareanBrowning Marean was a partner at DLA Piper US until his death last year. He worked tirelessly and with the greatest good humour to widen the use of technology in legal practice, specifically in eDiscovery. He encouraged many of us to get involved on the same mission. He was a friend to me (I wrote about his death in an article called Goodbye old friend), a friend to more people than you would think possible, and a friend to ILTA.

ILTA has established two scholarships in Browning Marean’s memory to enable two people to attend ILTA 2015. One is for individuals who live and work in the US; one is for those outside the US, in honour of Browning’s work in bringing the eDiscovery message to non-US jurisdictions – I can attest to that, having done panels (and broken much bread) with him in London, Munich, Sydney, Hong Kong and Singapore, as well as in the US. Continue reading

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Not just eDiscovery: iCONECT in Outer Space

iCONECTThe eDiscovery bubble – the lawyers and the discovery providers who manage eDiscovery all the time – tend to think of the world only in eDiscovery terms, that is, collecting, analysing, reviewing and producing documents and data for the purpose of complying with eDiscovery rules or the demands of regulators.

Some very sophisticated software tools have been developed to meet those demands, and it is good to be reminded that all that power and sophistication can usefully be applied to other things – anything where it is necessary to identify valuable data from the mass, to conduct analysis on it, and to share both the inputting and the results with others.

An extreme example appears in a video interview called iCONECT in Outer Space. Monica Bay, (Fellow, The Stanford Center for Legal Informatics (CodeX)) asks Ian Campbell, iCONECT’s President and CEO, what is the most interesting case in which iCONECT has been involved. Ian Campbell’s answer involves the 2003 Columbia Shuttle disaster: NASA had a vast quantity of data and needed to set a large team from around the world on the task of analysing it and reviewing it. Continue reading

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Something for everyone at CEIC in Las Vegas

Guidance SoftwareCEIC is the Computer Enterprise Investigations Conference, run every May by Guidance Software, and this year once again at Caesars Palace in Las Vegas. It takes place from 18-21 May and I will be there, as I have been for many years. Here are some of the photographs which we took last year.

CEIC began as a forensics event, just as Guidance Software itself began as a forensics company. Over the years CEIC has extended its remit in line with Guidance Software’s expansion into eDiscovery and cybersecurity. Delegates can advance their EnCase certifications, see software demonstrations, hear about trends in eDiscovery and security matters, and mix with others with the same interests and problems from all over the world. The latter point is is emphasised by the fact that the event includes training sessions for Spanish speakers given by Spanish speakers.


The event is hosted also to Guidance Software’s CISO/CLO Summit on 18 May. On past form, it will be host also to many dinners, parties and other social events. Continue reading

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Information Governance and eDiscovery Summit in London on 12-14 May

This year sees the 10th anniversary of the Information Governance and eDiscovery Summit, to be held at the Waldorf Hilton in London between 12 and 14 May.

Chris Dale IQPC 2014This event is, by a wide margin, the biggest event in the UK eDiscovery calendar. I have been going since 2007, first as a delegate and then as a participant – I seem to be involved as moderator of five different panels this year, which may make me seem not entirely objective in suggesting that this is the event to go to. I think you should, not just for the (extremely good) content but for the opportunity to meet others with the same problems as you and those offering solutions.

Some of my photographs for the 2014 Summit can be found here together with short notes about some of the sessions.

There been two major shifts in this event over the time I have been going to it. There used to be a sharp division between what was then called Records Management and eDiscovery, with a separate day for each. Whilst these remain separate disciplines, the conference agenda reflects the fact that organisations are increasingly (and rightly) seeing the problems and the potential of data as related aspects of the same topic. Information governance is a broad label for a set of functions defined by the Information Governance Initiative as:

“The activities and technologies organizations employ to maximize the value of their information while minimizing associated risks and costs”

We are increasingly seeing overlaps between the technology, the processes and, not least, the people applied to all the subjects which fit under the IG umbrella, and that is reflected in many of the sessions. Continue reading

Posted in Consilio, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Huron Legal, Iris Data Services, Navigant, NightOwl Discovery, Recommind, Relativity, Relativity, UBIC | Leave a comment

Cicayda helps law students build apps for access to justice and this may benefit all of us

What connects a law school course run by a Nashville-based eDiscovery software company and a legal expert systems company with a UK report on access to justice? And what has any of these to do with the recruitment of young people into law and eDiscovery?

Those of you who has been with me for the long-term, both on this blog and on Twitter, will have noticed some diversification in what I write about, particularly over the last year or so.

The conventional eDiscovery / eDisclosure topics of rules, increased volumes, new types of data sources, and ever more sophisticated technology remain constant themes; information governance and cybersecurity have become an inevitable component of any discussion about the management of data; the Asia-Pacific region becomes increasingly significant. Alongside these things, however, you will have seen a growing interest in access to justice and in the recruitment of new entrants into the discovery and information governance markets.

The UK has seen an unprecedented assault by government on the delivery of justice, and not only for those for whom it has always been too expensive. It is not just a matter of economics – a nasty, ignorant and dishonest Justice Minister, Chris Grayling, aided by the supine and incompetent paper-shufflers at the Ministry of Justice, has deliberately undermined the provision of justice in both the civil and criminal courts, with a series of measures which have increased fees and reduced facilities to the detriment of individuals, companies and the courts themselves. It is not just social conscience which compels lawyers, eDiscovery providers and others to think how they can help deliver access to justice whilst making a living for themselves, but that has been an important element. Continue reading

Posted in eDisclosure, Discovery, eDiscovery, Electronic disclosure, Civil justice, Access to Justice, Cicayda | Leave a comment

A new release from Nuix and some events for its users

nuix-logo-taglineThe thing about Nuix, from a commentator’s point of view, is that it has always got something new to say, across multiple fronts and in many jurisdictions at once. If, as I just have, you have a run of events which keep you from your desk and then a week’s holiday, you come back to a big list of things which Nuix has done or plans to do. It makes sense to roll some of them into one article.

The big news is the release of Nuix 6 .2 – you will find a page about it here which links to a Fact Sheet. It also has a video in which CTO Stephen Stewart describes succinctly the new functions and benefits. You get more facts per minute from Stephen Stewart than from anybody else in eDiscovery, and the video is the fastest way of finding out what Nuix 6.2 offers.

If you prefer written words to video, a description of Nuix 6.2 can be found here. eDiscovery customers get email threading, and a search and tag tab and new analytics; those concerned with information governance get new tools which allow IG to be managed as a continuing housekeeping exercise rather than a set of individual projects; investigators get yet more powerful analytics and further integration between desktop and web applications to make digital evidence more accessible to those without specialist technical skills; all of these interest groups gain from improvements in Nuix Director and Nuix Web Review and Analytics. Continue reading

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kCura launches Relativity 9.2 at its Spring Roadshow in London

I was one of around 350 guests at kCura’s Relativity Spring Launch in London last week. Before saying anything about the event or the product, I should note that an assembly of this size with a sole focus on eDiscovery / eDisclosure (never mind that it was about a single product) would have been inconceivable even three years ago.

kCura avoided glitz and over-the-top frills, perfectly pitching the production values for a UK audience: the London-themed backdrop signified restrained quality; when it was time to start, kCura’s Steve Couling ambled onto the stage without fanfare and welcomed us with some brief facts about kCura’s EMEA region which is his responsibility.

Steve Couling of kCura

Then came CEO Andrew Sieja, who has the knack of conveying that while this is now a big company with a worldwide footprint, the audience is still part of a family, and that success is a shared ambition. Software engineers and people from support and training all matter, and the large (and growing) body of resellers, consultants and users are all participants.

Andrew Sieja kCura Continue reading

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Huron Legal expands its litigation management services with Allegory Law alliance

Huron LegalLitigation is a project in which the prime lawyer input of strategy, tactics and advocacy is only a part of the set of factors which must be marshalled and controlled to bring a case to a successful conclusion on time and within budget.

In addition to its pure eDiscovery services, Huron Legal offers a range of software tools and services to help litigation departments manage all aspects of their cases and, in particular, to organise, connect and retrieve all the key activities and evidence of a litigation matter.

To supplement its many home-grown resources, Huron Legal has been careful to acquire businesses (I wrote about its acquisition of Sky Analytics here) and to enter into alliances with companies with tools which add to Huron’s ability to help law firms and legal departments. Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Huron Consulting Group, Huron Legal | Leave a comment

APT Search is looking for an eDiscovery Product Specialist for London

APT SearchAPT Search, which specialises in recruitment for eDiscovery / eDisclosure, is looking on behalf of a client for a product specialist to work as part of “client support services”.

The person they are seeking will be used to working directly with clients to create and present workflow and similar documents and will have experience at providing product training.

There is more information about this post here.


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EDRM webinar on 23 April: using FTI Ringtail to modernise keyword search

FTI TechnologyFTI Technology is sponsoring an EDRM webinar on 23 April (that’s today) called Using FTI Ringtail to Modernise Keyword Search for Efficiency and Better Discovery Outcomes. The presenters are JR Jenkins, senior director of FTI Consulting and Jason Ray, Managing Director of Technology Consulting at FTI. The moderators are George Socha and Tom Gelbmann of EDRM.

The use of simple keywords, or of keywords in combination with other keywords, is a deceptively simple way of searching for documents for eDiscovery / eDisclosure purposes. Lawyers like them, not merely because they seem it easy to define, but because it is a relatively straightforward matter to propose and to try and agree them with opponents

The subject comes up in any conversation about more sophisticated technology – it did so for me a couple of days ago, for example, in a discussion at  law firm about the use of technology-assisted review.

The idea has grown up that keywords are somehow an inadequate alternative to the sophistication of predictive coding and other forms of technology assisted review. One can easily point to the defects of pure keyword searching, which takes no account of misspellings, aliases and synonyms, and which can both miss vital documents and return others which have nothing to do with the desired subject matter. Continue reading

Posted in eDisclosure, FTI Technology, Discovery, eDiscovery, EDRM, Electronic disclosure, RingTail | Tagged , , , | Leave a comment

Cut off in the country

I was away last week, which is why there were no posts, no updates to my Rebelmouse news pages, and few tweets.

We were at the far end of Worcestershire, in a large house which had been taken by a friend celebrating her 60th birthday. You get some idea of the scale of it when I say that it had its own steam railway in the grounds – on your sixth birthday, you may get to ride behind a steam engine; on your 60th, you get to drive it.

Model Steam Engine

I have no particular issue with working on holiday; the problem was a practical one to do with access to the outside world. The broadband was intermittent, and neither of my mobile phone providers think it important to connect their paying clients once they move out of urban areas (indeed, O2 is unavailable in parts of North Oxford). Like those other shysters, the train operating companies, they are happy to take your money up front but have no ambition to provide a service, nor shame at their failure to do so. Between them, the incompetent and greedy comms and railway companies provide an effective brake on the development of business outside the major cities. Continue reading

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Epiq Systems grows its eDiscovery managed services by acquiring Iris Data Services

epiq_110Although I cannot claim to have predicted that Epiq Systems would buy Iris Data Services, it is one of those acquisitions whose logic seems entirely obvious as soon as it is reported.

Epiq has long shown inventiveness and consistency in its acquisitions, broadening the range of software and services which it offers by buying successful players, as well as by organic growth. It has also spread its eDiscovery net wider in geographic terms, not least in Canada, China and Japan.

iris_orb_flatNo eDiscovery company has been more visibly successful recently than Iris Data Systems. Its managed services provide price certainty across multi-year contracts which combine the best third-party technology and Iris’s proprietary workflow, storage, security and evidence management software. The Iris Arc solution is the most recent winner of Relativity’s Best Service Provider Solution in its Innovation Awards – I wrote about them here

The growing demands for these services (and Iris itself) were specifically referred to in my recent article Electronic Discovery: the In Housers Take Charge in which I mentioned Iris as the obvious example of a provider to whom corporations would delegate eDiscovery functions.

Epiq’s announcement of the acquisition is here, with more information on the strategic and investment value of the Iris acquisition, is here.



Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, Iris Data Services, KCura, Relativity | Leave a comment

Electronic Discovery: The In-housers take charge

The Spring edition of Ethical Boardroom carries an article by me called Electronic Discovery: The in-housers take charge. You will find it at page 135 here

I do not usually write for other publications. I have to produce quite enough words for my own blog, and I resent the sub-editing which usually goes with writing for third parties – they have sub-editors who have to keep themselves amused, which they usually do by frigging around with my punctuation and offering alternative wording for sentences which I have spent ages crafting. I have to say that, in addition to its other virtues (have a look at the rest of the Spring edition to see what I mean), Ethical Boardroom was good on this front.

The bait offered to me in this case was two-fold: first it was an opportunity to reach board level people who are not necessarily aware of developments in electronic discovery; and second, Jason Baron had written for a recent edition (his article Information Governance to Take Centre Stage was published in January). The implication was that if the magazine was good enough for Jason Baron, it was good enough for me; quite right.

There was a third attraction: I could write about anything I liked. You can deduce from the title that I covered the shift in responsibility for eDiscovery as organisations increasingly take control of it. That control may involve a company taking on software and staff to manage at least the early stages of eDiscovery with their own resources; it may involve the assumption of a greater degree of direction and control than hitherto; it may take the form of managed services agreements with, say, Iris Data Services, and a requirement that the external lawyers use them. Continue reading

Posted in Guidance Software, Huron Consulting Group, Huron Legal, Iris Data Services | Leave a comment

Relativity Innovation Awards at Relativity Fest

Relativity_72ppikCura’s Relativity Fest takes place this year between 11 and 14 October in Chicago.

kCura has announced the 2015 competition for the Relativity Innovation Awards, open to customers who are building outstanding applications and integrations on top of the Relativity platform.

They are looking for a Best Law Firm or Corporate Solution and a Best Service Provider Solution. The finalists’ and winners’ solutions will be displayed at Relativity Fest. The competition opens on 30 April.

The winner of the 2014 Best Service Provider Solution was Iris Arc from Iris Data Services. The Best Law Firm Solution was SynQ by Troutman Sanders.

The Relativity Fest site is here. There is a special introductory rate of $625 for delegates until 15 May.

On the subject of kCura, the Relativity Spring Launch Roadshow will take place not only in London, but also in New York, Washington D.C. and San Francisco. There is more information about that here.

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Iris Data Services, KCura, Relativity | Leave a comment

Technology Law Conference 2015 in Singapore: the Future of Money and Data

Singapore ConferenceThe Singapore Academy of Law is organising a conference to take place in Singapore on 29 and 30 June. It is called Technology Law Conference 2015: the Future of Money and Data.

Its theme is that technology offers both utopian and dystopian positions in relation to data and money, with the benefits of greater access balanced by fears of “digital catastrophe and virtual nightmare” thanks to privacy breaches, identity theft and other symptoms of financial vulnerability.

I took part in the last big international event organised by the Singapore Academy of Law in 2011. It was one of the most interesting events I have attended and one which made it clear that Singapore was ambitious to attract international dispute resolution business. Much has happened since then, not least the development of the Singapore International Commercial Court (SICC), the Singapore International Arbitration Centre (SIAC) and the Singapore International Mediation Centre (SIMC). Continue reading

Posted in Cross-border eDiscovery, Data privacy, Data Protection, Data Security, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Singapore | Leave a comment

ILTA in Nashville in August 2014

ILTA’s big show took place at the Gaylord Opryland Resort & Convention Center in Nashville in August 2014. Somewhat belatedly, here are some of the pictures which I took then, partly as encouragement to those who might want to go in 2015 (it is in Las Vegas from 31 August to 3 September) and partly as an element in my record of 2014. Continue reading

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Catching up with Epiq Systems in Hong Kong

epiq_110I like to look in on Epiq Systems  when I am in Hong Kong to catch up with what is going on, and I had a meeting on my recent trip with Celeste Kemper, Director of Document Review Services, Asia, Nathan Hughes, Business Development Director, Asia and Stuart Baxter, Operations Director, Asia.

I remember the first time I heard about Epiq Systems’ plans to set up in Hong Kong. It was at an Epiq Christmas party some years ago, and John Lord, who had founded nMatrix before its acquisition by Epiq, and then established Epiq’s London presence, said that he planned to repeat that successful exercise in Hong Kong.

I knew nothing about Hong Kong then, but I did know that if John Lord had set his sights on something it was likely to happen, and shortly afterwards it did. It has been a remarkably successful endeavour. Over the years, I have taken part in educational lunchtime sessions with law firms in Epiq’s company, participated in an eDiscovery Roundtable, taken part in an Epiq panel about the then pending eDiscovery practice direction and, at a conference last year, made a set of videos with Celeste Kemper, Nick Rich and (a first for me) one in Mandarin with Jennifer Qian. (you can find them, with other videos from that event, here). I have more than once heard rivals in the region accept grudgingly that Epiq is doing well there, perhaps the best sort of reference you can get. Continue reading

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CEIC in Las Vegas in May 2014

CEIC, the Computer Enterprise Investigations Conference is run by Guidance Software. This year’s CEIC takes place from 18-21 May and is again at Caesars Palace in Las Vegas. I will be there.

Here are some of the photographs which I took there last year. Continue reading

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The judgment and some newspaper comment on the Irish TAR case

If you read my article TAR-red with the same brush in the US and Ireland, you will have concluded that I had a copy of the judgment in Irish Bank Resolution Corporation Ltd v Sean Quinn and ors about the use of predictive coding / technology-assisted review, and you may have wondered why I did not link to it.

The answer is that it had not been published. It now has been published and is here, and I am obliged to barrister Tim O’Connor @timoconnorbl for pointing us to it.

Even if you have already read my summary, you may find the detail in the judgment worth reading. In Ireland, as in England and Wales, Judges make decisions about matters of this kind using their discretion after hearing argument from both parties. The decision is peculiar to its facts and to the balance of expense against the risk in that case that documents will be missed. As I suggested in my earlier article, (and as was argued by the defendants in this case) the Irish rules may be taken to mean that the party certifying the completeness of discovery is 100% sure that all relevant documents have been found. The judge easily dismissed that proposition, but anyone else going over the same ground will have to undertake the same painstaking exercise as did Karyn Harty of McCann FitzGerald in this case, explaining carefully what the costs implications are of one route versus another and showing why the risk of omission was a small one. Continue reading

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

Consolidation on a single blog

My recent post, Taking a breather from eDiscovery events, did not intend to give the impression, as it did to at least one person, that I am knocking off for a bit. That’s a nice thought, but the only thing which diminishes for a while is the getting on trains or planes all the time so that I can actually spend some time at my desk.

That article said that I am consolidating my blogs, and that takes place from now. This blog,, has been running since 2007. We have recently given it a facelift, with a new and cleaner theme and a better way of displaying photographs and videos.

I have long had a second blog which has been through three different iterations, most recently at (one of them was on Google+ which shows that we can all make mistakes in social media). That blog, in its various homes, has been the repository of industry updates which do not require the weigh-every-word thoughtfulness of the commentary so that adding posts should be quick and easy to do. Continue reading

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Taking a breather from eDiscovery events

Apart from a couple of webinars and the occasional lunchtime event in London, I am gratefully back at my desk for most of the time between now and mid-May. That is deliberate, and I need it, not just to keep abreast of new developments as they occur, but to round up past events and to spend some time thinking about the best ways of reaching new audiences.

The big events so far this year have been Legaltech in New York and Legaltech Hong Kong, both of which warrant a belated summary. We (my son William and I) took a lot of photographs and recorded several videos at both these events. You may have noticed some recent posts on this site which consist largely of photographs of last year’s events with a brief explanation of who was involved and what was covered. 2014 was a stupid year for travel which is why it has taken a while to get the photographs out.

The videos take even longer to do. We don’t just stick an iPhone in a supplier’s face and get them to bang on about their products, but try to capture some thoughtfulness from a range of people and present it properly. We are evolving different ways of presenting these. Continue reading

Posted in Bill Belt, Cicayda, CKS, Discovery, eDisclosure, eDiscovery, Electronic disclosure, News, Nuix, Recommind | Leave a comment

eDiscovery conference agenda focuses on non-conventional data sources

In offering you the agenda of the Third Annual Electronic Discovery Conference at Levin College of Law at the University of Florida, I am not seeking to encourage you to attend – you will have to run, since it takes place today.

The reason it is interesting – and in any jurisdiction – is that its focus is on the non-traditional data sources which one might easily overlook when giving eDiscovery / eDisclosure or seeking it from others.

There is a session about collecting data from Google, iCloud and MS Office 365, one about mobile devices including GPS data, one about Big Data and the Internet of Things and three about social media.

There remains a rather odd assumption that these things only turn up in matrimonial and personal injury disputes. If you look around any organisation, of whatever size (and including law firms), you will quickly observe that a very high proportion of the data created, kept and received comes from or through one of the sources referred to in the agenda. They may not look like “documents”, but they are no less potentially discoverable – I stress “potentially” because I am not urging anyone to rush off and collect data from all these sources or to demand it of opponents. One ought, however, to apply one’s mind to the possibility that the data of this kind may be both discoverable (in the formal sense of the rules) and contain evidence which many affect your view of the case. Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, iCONECT, KCura, Nuix, Relativity | Tagged | Leave a comment

ZyLAB webinar on 2 April – Bridging the gap between Legal and IT to increase efficiency and reduce risk

zylablogoZyLAB is sponsoring a webinar on 2 April with the title Bridging the gap between legal and IT to increase efficiency and reduce risk. I am one of the participants; the other is Mary Mack, Enterprise Technology Counsel at ZyLAB.

Legal and IT departments are not necessarily the only interest groups within an organisation who are affected by demands for documents and data – HR, privacy and compliance people and a range of other specialists may have to get involved when eDiscovery demands arise.

Legal and IT do not necessarily have parallel interests here – the job of IT is to enable the creation and safekeeping of data; Legal needs to be able to find the information they need, often quickly. That can be expensive; it also imposes stress on departments who are already busy with routine work.

Information governance is a wide topic with many facets. It includes, among other things, the processes and ground rules needed to classify information both by subject and by including, where possible, a flag to indicate that documents have no value and can be deleted. In this webinar, we will look at the risks and costs, and also at the value, which can be managed more efficiently by a programme of defensible information governance.

There is more information and access to a registration form here.

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UBIC takes part in research on AI-based system to mitigate patients at risk of falling

UBICOne of the challenges in trying to encourage lawyers to rely more on technology is that they find it hard to believe that a machine can supplant their hard-won knowledge and skill. In fact, of course, the technology used in electronic discovery is not a replacement for that skill but an adjunct to it. It achieves this in two broad ways – by performing repeatable tasks quickly and consistently and by drawing provisional conclusions which the lawyers can then check.

This is a kind of artificial intelligence, or AI, and similar applications are in use, and have been for some time, in a wide range of industries and activities which are of no less significance than compliance with eDiscovery obligations. One of these is healthcare.

UBIC made its name as a provider of litigation support software and big data analysis services and it has been working to apply its skills to a variety of requirements. The most recent of these is in the field of healthcare. UBIC has been conducting joint research with the NTT medical centre in Tokyo on a project whose purpose is to assess the risk that patients will fall over. Each patient’s risk is calculated using an assessment tool which takes account of symptoms and other factors. Like eDiscovery, it requires a mixture of objective fact, computing tools and human input, the latter in the form of the skills of experienced staff.

This has obvious benefits for patients. It has benefits also for the hospital because the patient who falls over spends more time in hospital as a result.

This is interesting stuff. There is a press release about it here.

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Sensitive Data Finder from Nuix

NuixNewLogo2Nuix has launched Sensitive Data Finder, a new tool designed to aid compliance with privacy laws and data protection regulations amongst other things.

Its secret is the ability to identify high-risk and high-value information very quickly. If you have identified this before a data security breach, the company knows what it has got, where it is, and who has access to it.

Nuix Sensitive Data Finder makes use of all the Nuix searching power across all the endpoints, allowing advanced searches to be made without storing a permanent index.

There is more information about Nuix Sensitive Data Finder here.

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Relativity blog: 3 Takeaways from Judge Peck’s Rio Tinto opinion

relativityInevitably, there has been a great deal of comment on the recent Opinion delivered by US Magistrate Judge Andrew Peck in the Rio Tinto case. I wrote about it, in tandem with a summary of an Irish judgment of the same week, in an article called TAR-red with the same brush in the US and Ireland.

One of the most succinct summaries comes from Constantine Pappas at kCura, in an article called More Da Silva: 3 Takeaways from Judge Peck’s Rio Tinto Opinion. I mention it partly because it lives up to its title, with three short points of value, and partly because Constantine Pappas and I have shared views on this subject ever since I did a panel with him at Relativity Fest a couple of years ago.

The three takeaways which Constantine identifies are:

1. Producing parties don’t need to worry about approval for computer-assisted review

2 Transparency and cooperation are essential, but sharing seed documents may not be…

3 … because no one protocol can dictate every computer-assisted review project.

Whilst I am aware that this took no particular gift of prophecy on our part, these are the same points that Constantine Pappas and I isolated in a chat about predictive coding technology assisted review just before Christmas. The pure technology is, of course, important. What is very much more important is to fit it into the framework required by the rules and into an approach which attaches as much weight to common sense and proportionality as it does to statistics and algorithms.

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Iris Data Services launches pro bono website

Iris Data Services, the ever-growing provider of eDiscovery managed services, has launched a new online service called Lawyer | Nonprofit Connect, whose purpose is to help lawyers and non-profit organisations find each other.It works very much like a dating site – the nonprofit fills in a profile form which helps people understand what it does, and lawyers can set out the areas they are interested in. The site will then match them up.

There is a press release about this here.

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Equivio launches Equivio Zoom v4.0 and Zoom Tab in Relativity v3.0

The biggest item of news in the eDiscovery world so far this year has been Microsoft’s acquisition of Equivio, the text analytics company which made its name with a set of tools designed to minimise the number of documents for review and to reduce the task of categorising them.

In its first press release since the acquisition, Equivio has launched a major product release with Equivio Zoom v4.0 and Zoom Tab for Relativity V3.0. Zoom is Equivio’s eDiscovery platform, combining predictive coding and analytics including thematic analysis, near-duping, email threading, batching and language detection.

The new release is aimed at simplifying the user experience and enhancing productivity with a conversion to HTML 5, simplified review, automatic calculation of relevance scores known as “score the rest”, estimation of training completion to allow better planning of the review process, and various auto tagging functions.

All of these features and enhancements are also available in Zoom Tab in Relativity v3.0.

There is a press release about this release here.

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APT Search is looking for a Business Development Consultant in London

APT Search specialises in recruitment for companies and firms involved in eDiscovery / eDisclosure and related subjects.

It is seeking a Business Development Consultant for an international legal services company in its London office. Experience in sales is an obvious prerequisite, including international sales in Europe and Asia.

There is more information about this position here.

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Xerox Litigation Services on China’s new data and cybersecurity regulations

Xerox Litigation Services‘ increasing interest in the Asia-Pacific region appeared in an interesting article on the Xerox E-Discovery Talk blog last year by Rachel Teisch about the new Hong Kong eDiscovery practice direction. It was called A Game-Changer for E-Discovery in Hong Kong which was widely distributed by others with an interest in the region.

Rachel Teisch has now turned her attention to new restrictions on the use of personal data in China and to new cybersecurity regulations in her article headed  Are China’s New Data and Cybersecurity Regulations a Wolf in Sheep’s Clothing?

One of the reasons why Xerox Litigation Services is interested in these subjects is that it is engaged in cross-border eDiscovery projects in China which inevitably run into the laws which are designed primarily to protect Chinese state secrets. The new privacy law, the snappily named Measures for the Punishment of Conduct Infringing the Rights and Interests of Consumers is, as its name implies, designed for the protection of individuals rather than companies or the state. It comes into effect on 15 March.

The range of information protected by the new law includes specific reference to “status of income and assets, health status, and consumption habits” in addition to the already wide range of personal data types covered by EU and other data protection laws.

Rachel Teisch’s article refers also to new rules which, although primarily intended as anti-terror legislation, would have much wider implications, some of which, Rachel Teisch says, would have the effect of jeopardising the security of the data. Since her article was published, the proposed laws have been postponed, not least because of strong representations from the US, and at a Presidential level. It seems that the third reading of the bill has been suspended for the moment

As you would perhaps expect from a company of this size, Xerox Litigation Services is increasingly writing across a wide range of subjects of importance to international corporations, covering many different aspects of information data protection and collection. You can sign up for email notifications from the article.

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Recommind webinar on 25 March: Total Visibility for eDisclosure Review

The latest release of Recommind’s Axcelerate 5 introduces interactive, customisable dashboards with visualise analytics about eDiscovery productivity and review.

The purpose is to bring what Recommind calls Business Intelligence to the eDisclosure process so that lawyers and their clients can easily keep up-to-date with what is happening across individual matters and overall caseloads.

This is the subject of a webinar to the presented by Neil Etheridge and David Nicholls of Recommind on 25th March at 5:00pm GMT. There is more information and a registration form here.

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FTI Technology paper: eDiscovery in Asia

FTI Technology has published a helpful paper called eDiscovery in Asia as a guide to the practical, legal and cultural issues which arise when eDiscovery demands (mainly but not always from the US) are made in Asia.

It can be tempting to assume that other regions are much the same as your own and that business practices in one place are broadly similar to those back home. There is nothing particularly anti-American in saying that people from the US seem taken aback to discover that what is important to them is ignored elsewhere and, conversely, that people from other countries look askance at US practices. This is particularly true of electronic discovery.

American lawyers are constantly surprised to discover that other people do not make a religion out of preservation and legal hold rules, that they are content with reasonable discovery rather than everything and more, and that we do not share the cultural assumption that our opponent is always trying to cheat. Non-US businesses on the receiving end of US discovery demands stand amazed at the extravagance and lack of compromise in US demands.

If the gulf seems big as between the US and Europe, it is very much bigger in the wide and culturally-diverse region collectively thought of as Asia. I come across this particularly in the context of cross-border eDiscovery, but it is relevant in a wider context.

FTI Technology has been working in AsiaPac for along time and has seen (and helped develop) best practices for handling the legal, regulatory and technical challenges which arise. FTI has now joined forces with Asian Legal Business Magazine to interview lawyers in Asia on the changes to eDiscovery practices in the region. The result is of interest and importance to multi-national corporations and law firms and to anyone else interested in comparative approaches to a common problem.

The result has been incorporated into a paper called eDiscovery in Asia: What are the emerging best practices for handling the legal, regulatory and technical challenges? which you can download from here.

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Nuix eDiscovery specialist training in London on 25-26 March

Nuix is offering eDiscovery specialist training courses in London on 25 and 26 March consisting of two days of specialised workflow training. Those who attend will work through a complete eDiscovery project, from ingestion ingestion of unstructured data through to delivery of the final data.

There is a discount offer open to those attending this course. Further details and registration form can be found here.

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Epiq Systems expands its data breach solutions

Although I come across Epiq Systems mainly in relation to its worldwide eDiscovery services, it offers a much wider range of integrated technology solutions for the legal profession, including a group specialising in data breach solutions.

Epiq has now appointed Brookes Taney as VP to lead the data breach solutions group with a mission to expand the breach response business which has already remediating hundreds of data breach cases in a range of industries.

There is a press release about this here.

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Asia Technology Summit in Hong Kong in March 2014

As part of my record of the year 2014, I am publishing belatedly the photograph sets from some of the events which I attended in 2014. Among them was the Asia Technology Summit in Hong Kong in March 2014. We have had the 2015 Legaltech Hong Kong already and my photographs of that will appear soon.

The photographs below show introductions from Henry Dicker of ALM and Barry Wong of the event sponsor Consilio. There are also photographs of an excellent panel on the use of technology in disputes which was moderated by Beth Patterson, Chief Legal Technology Services Officer at Allens in Sydney, and drew on the talents of Akiko Miyake of FTI Consulting and Jonathan Wong of Freshfields.

I did two sessions there,. The one which is illustrated was about the then pending eDiscovery practice direction for Hong Kong in which I was joined by the excellent Menachem Hasofer of Mayer Brown JSM. The other was about the cultural implications of introducing new technology to law firms in Asia.

The last group of photographs is of a session involving Marilyn Bier, CEO of ARMA, and Shane Jansz of Nuix. Continue reading

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IQPC Information Governance and eDiscovery Summit – pictures from 2014

As we get ready for the 10th Annual Information Governance and eDiscovery Summit, the biggest event in the London calendar, here are a few photographs from last year’s event, starting with a couple of Sanjay Bhandari of EY who was, as always, an effective and persuasive Chairman

If many of the pictures appear to have been shot in a dimly-lit nightclub, that is because this otherwise excellent venue had almost no lighting on the stage, a common complaint (of mine, anyway) at such venues. The reason why many of them are in black-and-white is that this was the only way of minimising the muddy effect of dim stage lighting.

Black-and-white actually proves rather effective for the shots near the top of the selection below of Allison Stanton, eDiscovery Counsel at the DoJ. If you wanted to convey the message that you do not mess with regulators, shooting her and her fellow panellists in black and white does it. Continue reading

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Video shows CYFOR at new heights

The long-standing UK eDiscovery and digital forensics provider formerly known as CY4OR has recently rebranded itself as CYFOR, with a new website which emphasises that it has long since moved beyond its roots as a digital forensics company and added eDisclosure and cybersecurity skills and technology, among other things, to its services.

CYFOR’s new corporate video draws attention to the journey that digital evidence takes, whether for criminal investigations or civil litigation, from identifying, preserving and collective it through to processing and review.

CYFOR is able to bring Nuix, Relativity and Clearwell to its engagements, allowing it to make use of whatever tools are best suited for the circumstances. Its video includes compliments from both Nuix and Relativity.

It also includes a helicopter, something I do not (yet) aspire to match in my own videos.

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LawTech NZ next week in Auckland with Nuix and FTI

LawTech NZ, the 3rd annual New Zealand Law and Technology Conference, is taking place in Auckland on 18 March.

LawTech NZ is run by Andrew King of eDiscovery Consulting and is the only event of note in the New Zealand eDiscovery calendar. Speakers include His Honour Judge David Harvey, Scott Gillard of FTI Consulting, Jo Sherman of EDT and strategic eDiscovery and data privacy consultant Nigel Murray.

Judge Harvey is also booked to speak at the IQPC Information Governance and eDiscovery Summit in London in May where he is participating in a panel which I am moderating. He and I will also coincide at a cross-border eDiscovery panel in Singapore in June, on which I will write shortly.

New Zealand is one of the few common law jurisdictions requiring eDiscovery which I have not visited. I very much hope to put that right one year.

The New Zealand event sponsors include Nuix and FTI Consulting. There is more information about the event here.

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Guidance Software webinar on 18 March: enhancing digital investigations with Belkasoft

Guidance Software is organising a webinar on Wednesday 18 March at 11:00am PST in conjunction with its EnCase App Central partner Belkasoft.

The webinar is called Enhancing Digital Investigations with Belkasoft, and covers evidence found in social media which can help make a case for digital investigators.

The presenters are Yuri Gubanov and Oleg Afonin of Belkasoft and Robert Bond of Guidance Software, and the webinar will cover how to find social media artefacts, identify those which matter for the investigation and find and analyse mobile app data.

There is more information and a registration form here.

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APT Search seeks a project manager in London

It is hard to keep up with the flow of interesting looking eDiscovery / eDisclosure posts which specialist recruiter APT Search is advertising. Amongst others, they have a post for a project manager based in London as part of the practice support group litigation department of a client.

The role include liaison, consulting and the provision of technical services to the company’s lawyers to help with identification, collection and production of documents for litigation or investigations.

There is more information about this role here.

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TAR-red with the same brush in the US and Ireland

The last few days have brought us significant court rulings in the US and in Dublin about the use of technology which is variously called predictive coding, technology-assisted review, computer-assisted review, and other names indicative of the joint application of human skill and technology to giving eDiscovery / eDisclosure which is simultaneously adequate and proportionate.

JudgePeckOne is US Magistrate Judge Andrew Peck’s Opinion in Rio Tinto PLC v Vale SA et al in the Southern District of New York, and the other is the judgment of Mr Justice Fullam in the High Court in Dublin in Irish Bank Resolution Corporation Ltd v Sean Quinn & Ors. I have read a vast amount of comment on the Rio Tinto decision, but none except newspaper reports on the Irish judgment. That may be because the judgment itself is not yet publicly available; it may be that no-one cares very much – two parties argue about how to give discovery, judge listens, applies some law and makes a ruling; so what?

Both judgments resulted in court approval of the use of the technology proposed by one party, subject to protocols which included descriptions of the tools and the processes to be used and the methods for validating the results.

What is the shortest way of getting this off my desk and (which is my real objective) of getting you to inform yourselves, by a demonstration or otherwise, of the capabilities of technology whose use has met with approval in court as diverse as New York and Dublin?

I should perhaps say two things at this point. One is that this article was originally headed “Technology-asisted review in as few words as possible”; that aspiration is not supported by the result, which runs to over 3,100 words; I regret none of them. Continue reading

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kCura London launch May 2014

kCura_100kCura held its Spring Launch party in London in May 2014. CEO Andrew Sieja took us through the new features of Relativity 8.2, demo stations allowed visual explanations, and there was a good party.

I wrote about it here. Below you will find some pictures of the event, including some of the view up-river as I crossed the Thames on my way home afterwards.

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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

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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.

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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

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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

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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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