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November 19, 2009

LTN Awards: Deadline Extended, Fee Waived

Ltna The economy has hit hard on law firm budgets, and especially on discretionary spending for support professionals — sooooo, we have decided to WAIVE the entry fee (and extend the nominating deadline) for our 2009 LTN Law Firm/Law Department Awards. The new deadline is Friday, December 4.

This also makes it easier for those of you who want to nominate colleagues who might work for other organizations! And in these turbulent times, it's especially important that we recognize the innovations, hard work, and talent of legal technology leaders and visionaries!

Categories include:

• IT Director of the Year,

Continue reading "LTN Awards: Deadline Extended, Fee Waived " »

EDRM Data Set Project: EDRM Enron PST Files Now Available

The EDRM Enron PST files are now available on the EDRM website. They are posted as 32 zipped files, each less than 700 MB in size. Also posted is a spreadsheet listing the zipped files and the 168 .pst files contained in the zipped files.

There are several ways to reach the files. The simplest is:

Please let us know if you have any questions, problems or suggestions.

Thank you,

George Socha (george@sochaconsulting.com)

November 17, 2009

Corcoran Group Sanctioned

RT @leecomms: Corcoran Group sanctioned for ediscovery failure and deleting e-mails in spite of repeated warnings http://tinyurl.com/yzzt68s  (New York Law Journal article).

Catalyst Introduces Fast Track

Colorado-based Catalyst Repository Systems has introduced its Fast Track integrated processing software. With Fast Track, users can submit multi-language Exchange pst, Lotus Notes NSF, and other electronic files directly into Catalyst CR, the company’s web-based search and review software, says CEO John Tredennick. Full release here.

Kroll Ontrack Upgrades Advanceview and Inview to 6.1

Kroll Ontrack has introduced the latest versions of its early case assessment software, Ontrack Advanceview 6.1, and document review program, Ontrack Inview 6.1. The upgraded versions add statistical sampling functions, new analytic reports, and enhanced searching and sorting capabilities. Full release here.

 

CompuLaw Adds 288 Rules Updates

CompuLaw reports that, so far this year, it has added 288 rules updates to its calendar/docket management software. Full release here.

Cognition Technologies Releases Syntactic Parser Module

California-based Cognition Technologies says its new Syntactic Parser Module helps users conduct semantic searches. Full release here.

Nuix Upgrades to Nuix 2.20

Nuix, based in Washington, D.C., has upgraded its namesake technology that can be used for
e-discovery and electronic investigations. Nuix 2.20 helps users process Guidance Software’s EnCase Enterprise collections. Full release here.

Mimosa NearPoint Supports Microsoft Exchange Server 2010

Mimosa Systems reports that its Mimosa NearPoint supports Microsoft Exchange Server 2010. NearPoint archives e-mail, files, and SharePoint content, says the California company. Full release here.

 

Informative Graphics Launches News Brava! and Redact-It Versions

Arizona’s Informative Graphics has launched Brava! Enterprise and Redact-It Enterprise for Microsoft SharePoint 2007. The company also announced the released Redact-it for IBM FileNet Capture and Brava for IBM FileNetP8. Full releases here and here

Levit & James Releases Best Authority 2.6

Virginia’s Levit & James has released the latest upgrade of its Table of Authorites production software. Best Authority 2.6 adds several new features, including new options to classify citations based on text matching criteria. For example, users can automatically assign citations to a specific TOA group, such as “Supreme Court Cases. Full release here.

Wave Software Upgrades Trident Pro

Wave Software’s Trident Pro 6.2 adds interactive searching and filtering capabilities to help users view search results quickly, and make earlier decisions on search terms and criteria by providing a report on keyword lists. Full release here.

PSS Systems Unveils Atlas Compliance Automation 2

California-based PSS Systems says its Atlas Compliance Automation 2 development software helps PSS users integrate the Atlas Suite with their information repositories to improve electronic data discovery workflow. Full release here.

November 16, 2009

Huron Consulting Group Opens New Document Review Center

Huron Consulting Group has opened a new document review center in Washington, D.C. It also relocated its Rock Hill, S.C. facility to Charlotte, N.C. Full release here.

Reliable Partners with Digital Reef

Reliable is now using Digital Reef’s software to power its EDD processing services. Full release here.

Millberg Selects kCura's Relativity

Milberg, which pursues federal class actions and complex cases, has selected kCura's Relativity to help manage and review EDD. Full release here.

Oracle Chooses Exterro's Fusion Software

Oracle has chosen Exterro's Fusion electronic data discovery software to automate and manage its litigation processes. Full release here.

November 14, 2009

Do You Need To Issue A Formal Litigation Hold? Vermont District Court Says Yes.

I was asked by an inhouse lawyer for a Fortune 250 company "do we really need to issue a formal litigation hold notice to key employees when faced with a lawsuit or trigger event?"  Without revealing my short answer, a philosophical debate ensued over the status of case law in the United States, the Federal Rules of Civil Procedure and current trends.  As with all great problems of the law, she was able to change her hypothetical question to achieve the answer that I think she wanted.  "If an organization is responsible, takes steps to preserve relevant evidence after a trigger event, interviews key players, works with IT to preserve relevant records and discharges its duty to preserve in good faith, do I still need to issue a formal litigation hold notice?"  Since my response was somewhere in the neighborhood of "it can't hurt" the debate continued on.

Continue reading "Do You Need To Issue A Formal Litigation Hold? Vermont District Court Says Yes." »

November 13, 2009

LTN Awards: Last Chance

Ltna The clock's a' tickin' -- Don't lose your voice!

Monday (11/16) is the deadline to vote for your favorite vendors who are in the running to receive our 2009 LTN Vendor Awards! The online ballot is survey style, and will take just a few minutes to complete! (You will need your account number, from your mailing label — e-mail Kerry Kyle -- info@lawtechnews.com or call 800 888 8300 x9428 if you can’t find it.)

Click here to vote

And that's not all: TODAY (11/13) is the (postmark) deadline for nominations for our juried LTN Awards, which honor law firms, law departments, and consultants. Categories include: IT Director of the Year, IT Champion of the Year, Consultant of the Year, Lifetime Achievement Award, and Most Innovative Use of Technology in a Law Firm, a Law Department, a Trial, and Pro Bono Project.

Continue reading "LTN Awards: Last Chance " »

November 11, 2009

What do The Sedona Conference, Supreme Court Justice Stephen Breyer, and Bob Dylan have in common?

Breyer.justice Read my latest blog to find out. I'll give you a hint. Remember the song, Ballad of a Thin Man with this great line: 

Because something is happening here
But you don’t know what it is
Do you, Mister Jones?

Mister Jones has another name, Bill E. Boie. At least that is what my past blog guest writer, Bill Hamilton, head of Holland & Knight's e-Discovery team, called him in his great satire, the Non-Cooperation Proclamation.

Continue reading "What do The Sedona Conference, Supreme Court Justice Stephen Breyer, and Bob Dylan have in common?" »

November 10, 2009

Kraft Kennedy Provides Consulting/Integration for Equivio

Kraft Kennedy will provide technology consulting and integration services for Equivio’s products, under a new partnershpi  Full release here.

Clearwell Integrates Information Graphics' Brava!

Clearwell has integrated Informative Graphics’ Brava! electronic redaction technology into the Clearwell E-Discovery Platform 5. Full release here.


CaseCentral & StoredIQ Offer EDD Software

CaseCentral has partnered with StoredIQ to provide EDD software tto help users handle all aspects of the Electronic Discovery Reference Model. Full release here.

Huron Opens D.C. Review Center

Illinois’ Huron Consulting Group has opened a document review center in Washington, D.C.

It also announced the relocation of its Rock Hill, S.C. center to Charlotte, N.C. Full release here.

Ji2 Becomes Alliance Partner with Catalyst

California-based e-discovery and forensics company Ji2 has become a Catalyst Repository Systems Alliance Partner.  Full release here.


The ESIs of Texas

Craig Ball's November column:

Biyc11 My home state of Texas was the first to enact a discovery rule dealing with electronically stored information. Years before the federal rules amendments, and in four simple sentences, Rule 196.4 addressed a litigant's right to discover ESI, the scope of e-discovery, forms of production and cost shifting. The rule was either so completely successful or so utterly ignored that it wasn't cited in a published decision for nearly a decade.

So, when the Texas Supreme Court — the state's highest tribunal — issued its first e-discovery opinion, I listened to oral arguments. In re: Weekley Homes, 52 Tex. Sup. Ct. J. 1231 (2009), concerned a litigant's right to directly access an opponent's storage media. The plaintiff wanted to run 21 search terms against the hard drives of four of defendant's employees in an effort to find deleted e-mails from 2004. I eagerly anticipated insightful arguments by advocates who grasped the important technical and legal issues afoot, but what I heard would make a hearse horse snicker. Judge for yourself by listening to the arguments at http://tinyurl.com/weekleyhomes.

Continue reading here

November 06, 2009

An Impromptu Talk with the Hon. Carl J. West

This blogger is on the scene 24 hours a day, looking for the tidbits we rarely get.  Here's what happened when, by chance, I found myself in a buffet line this past Wednesday evening with Sedona Conference Advisory Board member, L.A. Superior Court judge, the Hon. Carl J. West.

That's true social networking!

November 03, 2009

Lawyers Can Ignore Red Flags, But What About Vendors?

U.S. District Court Judge Reggie Walton recently dealt what many in the legal profession hope is the death blow to the Federal Trade Commission’s most recent efforts to extend consumer-protection regulations to attorneys engaged in the practice of law.

In an Oct. 29 decision in which he promised to provide a more detailed memorandum opinion by the end of November, Judge Walton stated he did not accept the FTC’s argument that law firms were “creditors” within the meaning of the Fair and Accurate Credit Transactions Act of 2003. As a result, he ruled that law firms aren't required to comply with the FTC’s so-called Red Flags Rule.

The FTC may appeal.

Continue reading "Lawyers Can Ignore Red Flags, But What About Vendors?" »

More Noise About Qualcomm Case

See Lawyers in Discovery Scandal Say Qualcomm Lied (from The Recorder)

November 02, 2009

EDD & Po-e-try

It's another Monday, another new month and I'm in a lousy mood, but this little ditty made me smile.  If anyone knows the author, please let me know...

Say it with candy,

Say it flowers,

Say it with gloves or with mink.

Say it with diamonds,

Say it with pearls,

But never say it in ink.

Ajilon and Fios partner for full-service e-discovery

How long has it been since you pulled up to a full-service pump or stopped for gas in New Jersey or Oregon? You do remember the concept of full service, right? Service provided by an attendant that saw to all your vehicular needs when you pulled into the station. If you do, then compare the gas station attendant to the new partnership between Ajilon and Fios that have teamed up to provide a full, or "all-inclusive," e-discovery service.

The Ajilon-Fios partnership combines Fios’ e-discovery services with Ajilon’s legal staffing and litigation services. Together, they hope to provide clients with a one-stop shop for e-discovery services from processing through preview with Prevail, all at a predictable, per-gigabyte price model.

November 01, 2009

Join the Pizza After Party, Support eDiscovery Research!

The eDiscovery Institute is hosting its 5th Annual Gourmet  Pizza After Party* at the Newseum in Washington DC on Thursday, November 12th, 2009, after the Georgetown University Law Center Advanced eDiscovery Institute CLE  Program. It’s a great opportunity to interact and mingle with some of the leading e-discovery jurists, lawyers and providers. Last year’s party drew 150 participants, and it looks like this years party will have an even larger crowd.

This year’s sponsors include: Alix Partners, Aphelion Legal, BIA, Crowell Mooring, Encore Discovery, Epiq Systems, Guidance Software, Integreon Discovery Solutions, Jurinnov, Kroll OnTrack, Mayer Brown, Peak Discovery, Precision Discovery, Recommind, RenewData/Digital Mandate, Shook Hardy & Bacon, TCDI, UHY Advisors, and Winston & Strawn.

Continue reading "Join the Pizza After Party, Support eDiscovery Research!" »

October 30, 2009

Anacomp Executive Purge?

We are tracking down strong rumors that there has been a major purge of executives at Anacomp by its board of directors. Once we get confirmations and details we'll post more 411.

411: We tracked the rumor down. In fact, Howard Dratler, Anacomp CEO, got right back to us to set the record straight. There were never any plans to unseat him as CEO. But Dratler did hire Scott Winkler to be the general manager of Anacomp's CLX business. According to Dratler, "Winkler's initial focus will be on better alignment of our Development, Product Management and Marketing organizations with the goal  of building on/accelerating the strong progress we have made over the past several years and taking our eDiscovery and Litigation Support business to the next level."

Continue reading "Anacomp Executive Purge? " »

October 22, 2009

EDD on the Fringes: CA - SB 748

J0387691 I admit, this post is really skirting the edges of e-discovery, but if you see the issues I see, perhaps you'll agree it's relevant to us.  California has passed a bill into law, SB 748, which makes it a misdemeanor to post information about witnesses or their family members online with the intent to intimidate.

Where it intercepts our world is that there's an opt-out requirement that forces search providers to take down information within two days of receiving a request from a witness or face a $5,000 fine.

Never mind the logistics of policing such a requirement, I can see it now; subpoenas flying all over the place from the District Attorney's office compelling search providers to provide the identities of those who posted the information online and the search providers refusing to comply with the subpoenas.

Could this be construed as compelling a private entity to act as an arm of the government?

For more, click here.

Jolly Roger Justice

Jrj By Craig Ball

It's fitting that my friend (and author/blogger) Ralph Losey, hails from Orlando — the House of the Mouse — because reading his posts on EDD Update (www.eddupdate.com) is like a ride on one of the really good Disney attractions once called "E-ticket" rides.

Losey's animated prose takes wonderful twists and turns,punctuated by delightfully silly visuals — and all steeped in solid American values. I always glean something good from Ralph's scholarship, even if only a different, well-argued point of view.

Losey and I have a playful wager respecting the viability of Judge Nuffer's opinion in Phillip M. Adams & Associates, L.L.C., v. Dell, Inc., et al., 2009 WL 910801 (D. Utah March 30, 2009). I think the judge's opinion will stand (though pushing the outer bounds of preservation), but Ralph anticipates an appellate slap down.

Losey recently posted about KCH Services, Inc. v. Vanaire, Inc., 2009 WL 2216601 (W.D.Ky. July 22, 2009), and kindly noted that where he disagreed with me on similar issues in Adams, we were of one mind on Vanaire. Hearing that I'd stumbled onto an acorn of rectitude moved me to actually read the opinion. And, indeed, Losey is right to side with the judge. (In fact, one can make a pretty good living siding with judges.)

CONTINUE READING HERE



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