Barrister Gordon Exall is once again my source for a judgment about disclosure in the High Court of England and Wales. The case is Ayannuga & Ors v One Shot Products Ltd and the judgment was delivered on 1 November … Continue reading →

I wrote last week about an ACEDS webinar on 15 November called Navigating the turbulence caused by the Disclosure Pilot. I can now supplement that with a link to the amendments themselves: the 136th Update – Practice Direction Amendments are &#82…

If you have not caught Tom O’Connor and Rachi Messing’s ongoing interviews with old school eDiscovery personalities, you should. Their interviews include Duane Lites of Jackson Walker, Ian Campbell of iCONECT, Gene Eames of Pfizer, Chris Dale of the eDisclosure Information Project and many more talented peers. Because there was no ‘eDiscovery career’ when many […]

The Obscenity list was one of the first automatic classification lists my team built into our Summation databases back in the bad old Enron days. We were one of the first defendants forced to search and review native raw email from the Exchange journal. Energy traders had filthy mouths and it was an easy way […]

Microsoft and Google are busy re-inventing how knowledge workers collaborate. Many of us have stumbled onto complex sets of interdependent Excel workbooks being shared by accounting, sales and other teams. With good chain-of-custody procedures, I have reconfigured environments so that counsel or experts could manually review these ‘semi-structured’ file sets to extract potentially relevant snapshots. […]

Charles Chaffin’s Numb: How the Information Age Dulls Our Senses and How We Can Get them Back on conformation bias got me thinking about our new generation A.I. review systems. Legal practitioners have long known about the dangers of conformation bias blinding them to key facts adverse to their client’s positions. I am not an […]

The recent raft of spoliation sanctions like Iacovacci v. Brevet Holdings, LLC seem to share fundamental misunderstandings around where key decision communications resided and how to preserve them. Broadly worded legal hold notices do indeed usually cover text and chat messages. Rarely do they convey practical instructions on preservation. In my opinion, these informal communication […]