Audio Recording of EDI-Oracle Study Training Session

Just a quick update to answer questions about Friday's training session. EDI will release the audio recording some time later this evening. Please remember, that the recording is subject to commitments outlined in the NDA, Agreement, and Confidentiality Agreement with Oracle and its outside counsel.

FJC Pocket Judge Update

The Federal Judicial Center -- the research and education agency of the federal judicial system -- has published the second edition of its influential booklet, Managing Discovery of Electronic Information: A Pocket Guide for Judges, by Barbara Rothstein, Ronald Hedges, and Elizabeth Wiggins. The 48-page publication updates the previous 2007 edition, and can be downloaded free from the center's website. It covers a range of topics, from explaining the difference between conventional paper discovery and electronically stored information, to providing tips on a judge's role. The booklet also includes a five-page glossary, mostly derived (with permission) from The Sedona Conference Glossary: E-Discovery & Digital Information Management (3d ed. 2010).

While reaction has been largely positive, there are some rumblings of discontent about the new publication. Read the full story here.

What do you think about the update?

Image: Federal Judicial Center.

The Elephant In The Room

The Rand Corp. has conducted an in-depth study and produced a report on the high costs of e-discovery review — concluding that it takes 73 cents out of each e-discovery dollar. One of the more provocative comments in the report concerned how certain law firms have a financial interest in the status quo of over-review of electronically stored information.

I call that the elephant in the room, which I happened to have a chance to be photographed with this weekend! For more on the interesting Rand report, check out my blog post, “Where The Money Goes” -- a Report by the Rand Corporation.

Image: Courtesy of Rollins College.

FTI Surveys In-House Counsel on Streamlining EDD

FTI has released a new study — "Advice From Counsel: an Inside Look at Streamlining E-Discovery Programs." The majority of respondents worked for Fortune 1000 companies with e-discovery responsibilities. Some survey highlights:

1. the major challenge for companies is gaining control of the e-discovery process and budget predictability;

2. improving the e-discovery process and having a single point of contact is important to companies. To that end, companies are narrowing the field of outsourcing providers;

Managing in the Clouds

I recently published a white paper, “Law Firm Management in the Cloud: Leveling the Playing Field for Law Firms,” that is now is available (for free) on Rippe & Kingston’s website.

I started this project a few months ago with Rippe & Kingston while I was still with the Legal Technology Institute (I recently accepted the CIO position with Steptoe & Johnson). I polled many knowledgeable resources to write this paper in order to provide an independent and objective overview of cloud-based computing — including a sizeable list of cloud-based computing developers for the legal profession.

I know that many law firms are looking at the benefits of cloud computing, including my own. My goal was to dispel common myths as well as provide a straightforward explanation about using the cloud in a law firm, as I did in the June issue of LTN, in "Misconceptions 2.0" (requires LexisNexis account).

Image: Clipart.com

EDRM Model Code of Conduct: Public Comment Request

The EDRM Model Code of Conduct (MCoC) is now available for public comment at http://www.edrm.net/004

Published on July 9, 2011 and available at both http://www.edrm.net/projects/model-code-of-conduct and http://www.edrm.net/004, the MCoC addresses five key principles:

1. Professionalism,
2. Engagement,
3. Conflicts of Interest,
4. Sound Process, and
5. Security and Confidentiality.

Each principle focuses on the duties of service providers and is accompanied by a corollary focusing on corresponding expectations for their clients.

This initial draft of the MCoC is open to all for public comment through September 30, 2011.

You may post comments at http://www.edrm.net/004

All feedback will be reviewed by the EDRM MCoC team at the EDRM Mid-Year meeting, held in Saint Paul on October 19-20, 2011. The first version of the MCoC will be published in January 2012, prior to the LegalTech NY conference.

- Regards, on behalf of the EDRM Model Code of Conduct team.

Image: Clipart.com

Tom Allman Update

Fios is offering an "state update" from Thomas Allman, which can be downloaded here. It addresses the impact of the 2006 FRCP amendments; identifies key EDD issues; and offers an appendix detailing rulemaking activities in the states and D.C.

Also: Check out our video with Allman (former chair of the Sedona Conference's Working Group 1) where he discusses the Duke Law School conference on civil litigation in federal courts, organized by the Judicial Conference Advisory Committee on Civil Rules.