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November 2012

November 30, 2012

2012 LTN Innovation Awards - Last Chance 2 Enter

LTNawards12logoIt's free, it's painless, and it's a chance to shine a well-deserved spotlight on some of the unsung heroes of the legal industry.  Nominate the best and the brightest in these categories:

1. IT Champion of the Year

2. CIO/IT Director of the Year



Most innovative use of tech in:

3. Large firm >100

4. Small firm <100

5. Law Dept or Govt'l agency

6. Pro Bono project

Info and form here:

Email entries to by 11:59 Monday Dec. 3

Questions: or 212 457 9530


November 29, 2012

DTI Acquires Fios for Relativity Services

Relativity shop DTI, known to be acquisitive in the past few years, is expanding its reach. Yesterday the company finalized a deal to acquire former e-discovery high-flyer Fios Inc., officials said. Check out our full story over at Law Technology News.

Calif. Court Adopts New E-Discovery Guidelines

Take note, California federal court practitioners: The Northern District of California really wants you to play nice when it comes to e-discovery. The district on Tuesday unveiled new guidelines effective November 27 for handling electronic discovery, joining a growing list of jurisdictions taking measures to tackle the discovery of electronically stored information.

November 27, 2012

Second Annual ASU-Arkfeld eDiscovery and Digital Evidence Conference

Michael Arkfeld and Arizona State University's Center for Law, Science & Innovation is very pleased to announce that the Second Annual ASU-Arkfeld eDiscovery and Digital Evidence Conference will be held on March 13-15, 2013, in Tempe, Ariz., at ASU's Sandra Day O'Connor College of Law.

The conference is dedicated to providing practical, structured, and cutting edge CLE instruction on electronic discovery issues. It will focus on advancing legal professionals' understanding of essential legal and technological principles surrounding electronic discovery.

Our keynote speakers this year will be the Honorable Paul Grimm, Chief U.S. Magistrate Judge from the District of Maryland, and, returning from last year by popular request, the Honorable John Facciola, U.S. Magistrate Judge from the District of Columbia.

Some of the distinguished speakers include: Michael Arkfeld, Robert Singleton, Cecil Lynn, Ken Withers, Scott Kane, Sean Gallagher, Maura Grossman, Ron Sotak, Wendy Zerr Jackson, Browning Marean, Paul Armbruster, Mark Sidoti and many other corporate and law firm speakers.

For early bird discount and for further information visit

November 20, 2012

HP Cries $8.8 Billion Foul During Q4 Report

HP_Palo_Alto_Lobby_400In news that eclipses a $6.9 billion loss in Hewlett-Packard Corp.'s fourth quarter, big e-discovery player and HP acquisition Autonomy has found itself embroiled in a financial scandal that has customers and industry experts pondering what the fallout will be.

As Evan Koblentz reports: "Hewlett-Packard Co. said Tuesday it will take an $8.8 billion write down related to its purchase of Autonomy PLC and alleged that Autonomy executives committed accounting fraud to inflate the company's value during the sale."

HP said in a statement: "the majority of this impairment charge, more than $5 billion, is linked to serious accounting improprieties, misrepresentation and disclosure failures discovered by an internal investigation by HP and forensic review into Autonomy's accounting practices." Autonomy was acquired by HP for $10.3 billion in 2011.

Dechert CIO Michael Shannon said the news caught him wondering about what direction Autonomy and more specifically iManage "was going to go."

For more details about the scandal and reaction from the legal technology community, read the article on LTN online.

Image by Hewlett-Packard

Can CyberInsurance Shore Up Data Insecurity?

Insurance_sign400Baker Hostetler partner Judy Selby asks, "What do Sony Corp.'s PlayStation Network,, Hannaford Brother Co.'s grocery stores, and South Carolina's Department of Revenue all have in common?"

If you answered serious data breaches involving the personal and financial information of over 100 million users, 24 million customers, and 3.6 million unencrypted Social Security numbers respectively, you get the gold star.

But now that data breaches are rampant — with a Ponemon Institute survey reporting 50 organizations experiencing 72 cyberattacks per week — not to mention the compliance issues these attacks raise with federal laws such as the Health Insurance Portability and Accountability Act and Gramm-Leach-Bliley, what are corporate entities expected to do about it?

Selby suggests some of the issues raised by cyberattacks can be met by the aptly named "cyberinsurance." While some may see hype and scareware in this growing line of coverage, Selby lists some of the benefits of cyberinsurance policies, which can range from covering violations of privacy laws that includes paying fines to "cyber-extortion," or meeting the expenses of a threat to disrupt a company's (or law firm's or government agency's) computer systems. Coverage is also available for threats to or attacks on a policyholder's reputation.

Another area covered under the cyberinsurance umbrella is cloud computing, since, as Selby writes, "Cloud customers may not be able to contractually transfer the risk of data breaches to the provider." Some might argue that if a cloud provider doesn't have its own policy in place for cyberattacks, don't sign the contract and seek out a safer cloud. Others might counter you should find coverage where you can.

Read the full article on LTN online.

Image by Dan Hilowitz

November 09, 2012

Judge Peck's Decision Not to Recuse Himself Upheld


U.S. District Judge Andrew Carter of the Southern District of New York upheld Magistrate Judge Peck's decision not to recuse himself from the Da Silva Moore, et al. v. Publicis Groupe SA and MSLGroup litigation, Evan Koblentz reports. Plaintiffs had asserted Peck had conflicting interests in the use of predictive coding software due to public statements and appearances favoring the review method.

Read the article on LTN online.

Image by Monica Bay

November 07, 2012

USPTO Grants H5 Patent for Its TAR Process

H5_logo_400We interrupt your construction of a standard query designed to retrieve relevant documents, with high recall and precision, from a corpus of documents based on your expertise as an attorney and content expert in a case and your iterative work at refining a search query with reflexive search terms after your review of search results based on previous, iterative searching. Attention.

H5, a provider of e-discovery, technology-assisted review and case preparation support, has patented a process for "high recall and high precision relevancy searching." The U.S. Patent and Trademark Office granted to H5 on October 23 U.S. Patent No. 8,296,309, which covers aspects of H5's "deterministic" technology-assisted review, according to the company — and the USPTO. We checked.

Continue reading "USPTO Grants H5 Patent for Its TAR Process" »

November 06, 2012

kCura Relativity Makes (Small) Moves Into Processing

Relativity400After floating rumors since January at LegalTech New York, kCura Corp.'s Relativity is getting a processing engine in its latest release set for Nov. 30, Evan Koblentz reports. The new addition is targeted at law firms whose e-discovery processing needs are around the one-gigabyte range.

"We brought this point-and-shoot simplicity into processing. It's fully integrated into Relativity," said company CEO Andrew Sieja. The software will sell separately from Relativity review.

The new version of Relativity, 7.5, will also boast a simpler interface with expanded help files and reordered menus, as well as upgrades to its predictive coding tool, Relativity Assisted Review, including automated reports and set creation, email notifications, a management console and a faster setup.

Read the full story on LTN online.

Image courtesy of kCura

November 01, 2012

Throwing a Wrench in the Document Review Machine

Binary_suit_400Computers against humans — is this the debate being waged around predictive coding to determine the future of document review? if this is the debate, is it what legal practitioners should really be focusing on in e-discovery?

In a recent New York Law Journal article, Steve Green and Mark Yacano of Hudson Legal question two sources widely cited to support the use of technology-assisted review. One source is Laura Grossman and Gordon Cormack's "Technology-Assisted Review Can (and Does) Yield More Accurate Results Than Exhaustive Manual Review, With Much Lower Effort" from the Richmond Journal of Law & Technology; the other is the 2009 Text Retrieval Conference (TREC) Legal Track Interactive Task study.

Continue reading "Throwing a Wrench in the Document Review Machine" »

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