Legal Technology News - E-Discovery and Compliance Blog

March 12, 2013

EDI-Oracle Study Update

It has been a few weeks since our last update. We have extended the time to respond for the participants. While some thought the extension was unfair to those that have submitted on or before the due date, Pallab, the professors, and I all want as many data points as possible in the evaluation. That said, we are taking note of those teams that submitted early.

Again, we should remind all participants that time is one of the factors in the subsequent evaluation by Oracle. Therefore, a quicker turnaround is preferable and no participant should withhold submitting results unless the additional time is required to complete the review. While there is no penalty for submitting after the first deadline, Oracle will look favorably upon those that finish quickly.

Also, if there were tasks required by the protocol that your firm would not have normally undertaken in a real-life review (categorizing privilege for NR docs), please identify that task as a break-out on your model invoices with an explanation. You may submit your model invoices at you leisure, but no later than May 1.



March 04, 2013

Search Software: 25 Things to Consider

4-levels-pyramid Selection of advanced TAR or CAR-based type search and review software is not an easy decision.

I had a chance recently to study the private manuscript of Professor Doug Oard on search design, Information Retrieval for E-Discovery. He is one of, if not the top independent expert on search in the world today. His manuscript written with William Webber is a survey that will be used to teach the next generation of information retrieval engineers, the ones who will help design the legal search software of the future.

Doug was also kind enough to try to explain key portions of this manuscript to me. The end result is a rather complex and lengthy blog entitled The Many Types of Legal Search Software in the CAR Market Today. Here is my takeaway list of twenty-five plus factors you should consider to evaluate the strength of search software. They should help you to evaluate the overall quality, effectiveness, and efficiency of the software on the market today.

  1. Search of content.
  2. Search of contextual metadata.
  3. Search of descriptive metadata.
  4. Search of behavioral metadata.
  5. Classifier design.
  6. Active query formulation features (building blocks).
  7. Annotated example training features (pearl growing).
  8. Random training abilities.
  9. Human judgment training features.
  10. Software uncertainty selected training.
  11. Balance in your classifier system between complexity and intuitiveness.
  12. Deduplication, near deduplication, and similarity searches.
  13. Concept searches, what exactly are they doing and how.
  14. Clustering features.
  15. Email thread and families.
  16. Quality control features.
  17. Quality assurance features.
  18. Confidentiality protection features, including privilege logging and redacting.
  19. Recommended method(s) of use (level four).
  20. Ease of operation.
  21. Clarity and efficiency of user interface.
  22. Customizability for particular licensees, projects, users.
  23. Response time (each entry and length of search processing).
  24. Reporting capacities and usefulness.
  25. Expense.

There are many other criteria, I know, such as information security, more specific user interface issues, reviewer and production issues, reviewer monitoring and interface, online access, etc. Software selection should also carefully consider the software support and training issues. Project management support is also critical, some say just as important as the software itself, especially for novice users of the search software.

February 01, 2013

ASU-Arkfeld EDD & Digital Evidence Conference

The second annual Arizona State University-Arkfeld eDiscovery and Digital Evidence Conference takes place on March 13-15 at the Sandra Day O'Connor College of Law at ASU in Tempe, Ariz. (near Phoenix).  Attendees can receive up to 15 CLE credits. The first 80 registrants receive an e-discovery Best Practices Guide as part of the conference fee.

Facciola2It is an exciting time for us as we continue preparing for the conference with prominent speakers and content. Joining us will be federal Magistrate Judge John Facciola, (left) of the District of Columbia, who is providing the keynote address and assistance on several panels. Maura Grossman will discuss "technology-assisted review," and we'll have a host of other experts discussing e-discovery and digital evidence trends and issues.

There's no better time to visit the beautiful Grand Canyon State than in the spring, when you can catch a spring training baseball game, play golf and tennis at world-class venues, or simply bask in the sun around the pool. All that in addition to brushing up on the critical field of electronic information.

Click here to register

Click here to download the brochure

January 24, 2013

Conference on E-Discovery for Small to Medium Cases

The University of Florida Levin College of Law and EDRM are offering a new e-discovery conference, "Electronic Discovery for the Small and Medium Case," to be held on April 4-5, 2013. The conference will take place at the UF Law campus in Gainesville, Fla., and will also be available as a live, online stream. For more information, go to

January 18, 2013

Law Firm Technologists Debate Best EDD Whereabouts

Question_news400There's a debate flaring up on the Law Technology News homepage today — should your law firm insource its e-discovery, so you can control everything, or outsource it, so the administration is someone else's hassle?

In our top story, "6 Reasons to Insource Litigation Support," two Reed Smith technology leaders argue for insourcing. "For some firms, outsourcing these services is absolutely the correct answer. However, for many firms (like Reed Smith), keeping select litigation support services in-house, aka insourcing, can provide substantial benefits and cost savings to corporate clients," wrote Bryon Bratcher, senior manager of litigation support, and Tom Baldwin, chief knowledge officer.

"While the creation of a team of highly trained staff and the investment in technology may not be for some firms, the evidence clearly shows that many firms are not only continuing to in-source, but are ramping up their investments in technology and people," they concluded.

But in our second story, "LegalTech Rookies Focus on Court Technology and Legal Research," Jackson Walker's Duane Lites shared a different perspective. Lites, director of litigation support, said his goal at LegalTech this month is to narrow his shopping list for hosted e-discovery services.

Continue reading "Law Firm Technologists Debate Best EDD Whereabouts" »

January 15, 2013

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.

January 14, 2013

1.6 Million Documents Released: EDI-Oracle Study Updates

File_cabinet_tower400As many of you know, EDI has been working on its second computer-assisted review (CAR) study, comparing the results of an actual document review in a real litigation to CAR providers.

After almost two years of planning, last week the EDI Oracle Study team released the entire dataset of over 1.6 million docs to the first wave of participants. Top performers stand to gain Oracle’s e-discovery business. A link to the press release about the data is attached to this post.

Download EDI Oracle Study Press Release Jan 8

On Friday, January 11, 2013, the team had its first training call with outside counsel. Over 60 representatives from the participants dialed in. The goal of the training was to familiarize participants with the legal issues surrounding the matter. The original complaint was filed under seal — but we are working on what we can discuss in public.

Prior to and during the call participants submitted dozens of questions about the matter — mostly focused on the data load and technical issues. The EDI and Oracle team are working diligently on what we thought the technical team would be able to answer by today, but it is looking like we will respond to technical questions on Wednesday 1/16/2013.

I will post weekly with updates on the status of the study here on EDD Update. I will Tweet from @patrickoot and post on LinkedIn when I make the updates.

Image by Redjar

January 07, 2013

Remanded 'Rambus' Returns to Dismissal Sanction

Shred_me400The hangover from Rambus "shredding party" in the the late 1990s continues for the manufacturer and patentee of dynamic random access memory (DRAM) chips in the U.S. District Court for the District of Delaware.

As reported by Jan Wolfe in Law Technology News' sibling publication The Am Law Litigation Daily, Judge Sue Robinson "tossed a patent case Rambus brought against Micron Technologies Inc. more than a decade ago, concluding that the company deliberately destroyed evidence ahead of its litigation campaign." Mark this as a flashback for Rambus: as Wolfe notes, Robinson four years earlier made the same ruling, reversed by the Federal Circuit in 2011 finding further explanation was warranted due to the severity of the sanction.

Rambus sued Micron for patent infringement of its technology to speed computer memory as a counterclaim to a suit filed by Micron August 28, 2000, seeking decalaratory judgment for non-infringement on the grounds that Rambus' patents were unenforceable and invalid. According to the opinion, Micron's suit was filed in reaction to an email from Rambus CEO Geoff Tate to Micron chief Steve Appleton threatening litigation.

Continue reading "Remanded 'Rambus' Returns to Dismissal Sanction" »

December 13, 2012

EDRM Publishes CARRM Framework

EDRM published Wednesday its Computer Assisted Review Reference Model (CARRM) framework diagram, which can be downloaded here.

EDRM's CARRM represents the joint efforts of computer-assisted review providers — Automony, an HP Company; Daegis; Exterro; Falcon Discovery; FTI Consulting; kCura; KPMG; Kroll Ontrack; NightOwl Discovery; and Recommind — as well as leaders from Bowman & Brooke; DLA Piper (U.S.); Littler Mendelson; and Quarles & Brady. Click here for a complete list of EDRM Search participants.

Follow us at EDRM's CARRM section as we add an explanation of the model, descriptions of each stage in the model, and more.

December 07, 2012

Kroll Study Finds Signs of E-Discovery Savvy

Laptop_briefcase400Are in-house and outside counsel in corporate cases getting better at e-discovery?

In a recent article in Corporate Counsel, Sue Reisinger finds good news for corporate attorneys in Kroll Ontrack's yearly analysis of e-discovery opinions, particularly in its numbers on sanctions: they’re down this year, from last. Kroll's numbers are drawn from a selection of 70 state and federal e-discovery cases between January and December 2012, which are summarized, categorized and added to a database of e-discovery case law on Kroll's website.

The numbers on sanctions do look promising, with 32 percent of cases analyzed addressing sanctions for preservation and spoliation issues, noncompliance with court orders, and disputes over production — a 10 percent drop from last year's survey.

As the case breakdown continues in a release from Kroll:
• 29 percent of cases address procedural issues, such as search protocols, cooperation, production and privilege;
• 16 percent address discoverability and admissibility;
• 14 percent of cases discuss cost-shifting or taxing e-discovery costs; and
• 9 percent discuss predictive coding.

Continue reading "Kroll Study Finds Signs of E-Discovery Savvy" »

December 05, 2012

Autonomy Founder Lynch Fights Back

Lynch_mike400Mike Lynch, the founder of Autonomy Corp., this week created his own site to refute financial scandal allegations against him from Hewlett-Packard.

On the site, Lynch posted an open letter to the HP board of directors. Lynch sent that letter on Nov. 27, but now, "I am placing this letter in the public domain in the interests of complete transparency."

"It was shocking that HP put non-specific but highly damaging allegations into the public domain without prior notification or contact with me, as former CEO of Autonomy. I utterly reject all allegations of impropriety," Lynch stated. He then posed several questions about how HP has operated Autonomy since the 2011 acquisition.

We'll continue covering any significant HP/Autonomy saga updates over at Law Technology News. If you're an Autonomy customer, then what's your perspective? Feel free to comment below or email me at ekoblentz [at]

Image courtesy of HP

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" »

October 29, 2012

Del. Chancery Court Judge Orders Predictive Coding

Welcome_to_delaware400There is a new predictive coding case in Delaware Court of Chancery that could have a big impact on the attitude of corporate America to technology-assisted review. EORHB, Inc., et al v. HOA Holdings, LLC, C.A. No. 7409-VCL (Del. Ch. Oct. 15, 2012). This case involves a complex multimillion-dollar commercial indemnity dispute involving the sale of Hooters, a well-known restaurant, famous for its chicken wings, beer, and other things.

The judge hearing the dispute, Vice Chancellor J. Travis Laster, is also well-known, but for something completely different, namely surprise rulings. This case adds to that reputation. He completely surprised the lawyers in this case with a surprise bench ruling that they all use predictive coding and share a common vendor. Here are his exact words:

Continue reading "Del. Chancery Court Judge Orders Predictive Coding" »

FTI Consulting, Huron Legal Offer Predictive Coding

October is proving to be a busy month for predictive coding in the e-discovery industry. On the heels of Daegis and Exterro announcing PC offerings, two more e-discovery vendors have entered the fray.

Fti_consultinglogoInternational business and legal advisory firm FTI Consulting, Inc., announced the launch of a new Predictive Discovery service by its technology practice group, reports Sean Doherty. The new service promises to reduce review time and cost as well as unite people and processes with predictive coding software — familiar language to anyone watching technology-assisted review products. Doherty spoke with Joe Looby, senior managing director in FTI's technology practice, to see what sets FTI's Predictive Discovery apart from other offerings.

Continue reading "FTI Consulting, Huron Legal Offer Predictive Coding" »

New Judicial E-Discovery Resource From Sedona

Sedona_arizona_400The Phoenix, Ariz.-based Sedona Conference has updated its reference manual to assist judges with electronic data discovery in litigation and promote cooperation between opposing parties, reports Monica Bay. 

The new version of The Sedona Cooperation Proclamation: Resources for the Judiciary has as senior editors Ron Hedges, retired magistrate judge for the U.S. District Court for the District of New Jersey, and attorney Ken Withers, Sedona's director of judicial education. Among other additions, the latest version details 20 "stages of litigation from a judge's perspective," from preservation to post-judgment costs.

The nonprofit law and policy think tank will also be offering a password-protected collaboration area exclusively for judges on its website.

Read the full story on LTN online.

Image by Ken Thomas

October 17, 2012

Daegis, Exterro Add Predictive Coding

Two more e-discovery vendors hopped on the predictive coding bandwagon this week, which may have some speculating at what point the technology will be omnipresent in the industry.

Daegis400Roseville, Calif.-based Daegis Inc., a company that hosts its software for law firms and corporate legal, announced Acumen, its machine learning technology that will be available as a standard feature for subscribing clients and also for customers on a per-gigabyte model, reports Evan Koblentz. Acumen takes what Doug Stewart, vice president of technology at Daegis, describes as a "process-driven" approach.

Continue reading "Daegis, Exterro Add Predictive Coding" »

October 12, 2012

How to Walk Upright With Digital Evidence

1012ltnp21From time to time, LTN columnist, trial attorney, and E-Discovery Special Master Craig Ball likes to rail at his fellow travelers who have passed the Bar that their legal education is far from over.

In this month's "Ball in Your Court column," Ball traces what he sees as the necessary evolution from barrister as bare, forked creature who trafficked in paper and banker's boxes, Homo Erectus, to legal starchild of the digital age, "Homo Electronicus" (cue tympanies) — who not only totes a tablet but knows exactly where the data entered into it resides (and what to do with it). Once again, it's time for attorneys to get schooled in technology.

Continue reading "How to Walk Upright With Digital Evidence" »

October 02, 2012

Big Data Technology

Data_stream400Incident to the cover story for the October 1 issue of Law Technology News, "Defending Big Data," we sent a request for information to vendors who attended LegalTech New York 2012 and asked them if their products or services addressed the tension that exists in mining, exploiting, and monetizing customer data versus the security and privacy of that data.

I summarized some of the responses in the story "Big Data Technology." For the most part, the responses showed that legal technology was focused on Big Data to extract evidence used in litigation and government investigation and not to address the privacy and security interests in the large data sets owned by enterprises. The software manufacturers that predominantly handle enterprise Big Data, e.g., IBM, Oracle, and SAP, do not apply the same wares to e-discovery and litigation support -- yet.

Continue reading "Big Data Technology" »

September 26, 2012

Trends in Information Governance From ARMA 2012

Arma400ARMA International's 57th Annual Conference and Expo was held from September 23 to 25 at McCormick Place in Chicago with LTN Technology Editor Sean Doherty on hand to gather information.

One session titled "The 7 Habits of Highly Effective Information Governance Leaders," drew upon the experience of a panel of information professionals — all certified records managers at IBM — to discuss best practices for ILG. Panelists worked together to define a strategy to meet the risks posed by stored information and mitigate the burdens that lawsuits bring to organizations.

In another session, "Content Assessment: Kick-Starting Your IG Program With Content Analytics," Kristi Perdue, ERMS (AIIM Electronic Records Management Specialist) and director of marketing at Viewpointe, delivered a presentation about applying advanced technologies such as predictive coding to records management to locate content with value to businesses. As Doherty reports, use of content analytics extends beyond e-discovery, just as the number of vendors offering analytics extends well beyond the floors of LegalTech New York.

Image courtesy of ARMA

September 24, 2012

Predictive Coding Vendors Duel for 'Dummies'

E-book_on_shelf400Legal professionals seeking a predictive coding primer have two free competing guides to choose from, both with the same title, "Predictive Coding for Dummies." The dueling "for Dummies" are being distributed by e-discovery vendors Symantec (Clearwell) and Recommind.

So which one's authentic? The answer, it appears, is ... both.

Continue reading "Predictive Coding Vendors Duel for 'Dummies'" »

September 21, 2012

E-Discovery Product News Update

Lawyer_type_blog_400New products and upgrades in the e-discovery industry include a software to authenticate digital photographic evidence, improvements for legal holds, and an updated vendor directory from the folks who brought us the EDRM.

Fourandsix announced FourMatch, an extension for Adobe Photoshop CS5 and above that authenticates "signatures" on JPEGS from cameras and mobile devices. According to the company, when a JPEG is stored on hardware or software it results in a unique product signature. When an image is edited and saved on software, the file signature changes to match the software rather than the original device that captured it. Fourandsix can detect whether a JPEG's signature has changed — and whether the image has likely been altered.

Continue reading "E-Discovery Product News Update" »

September 20, 2012

LEDES Adds Activity, Expense to E-Discovery Billing Codes

Ledes_logo400The Legal Electronic Data Exchange Standards organization is following up last year's work on e-discovery billing codes with codes for e-discovery activity and expense, reports Evan Koblentz.

The codes are intended to provide greater insight into the e-discovery billing process by providing a uniform standard for law firms, corporate legal departments, vendors, and clients to itemize and evaluate e-discovery work. They align with the Electronic Discovery Reference Model and the EDRM Metrics Cube, the organization's model to represent how metrics codes fit into the e-discovery process. The new codes include the A100 series for activities and X300 for expenses; last year's billing codes are known as the L600 series.

Although industry experts welcome the effort to provide greater transparency into e-discovery costs, the LEDES codes have only seen modest adoption by e-discovery vendors.

Read the full article on LTN online.

Image by LEDES

September 19, 2012

Legal Tech Day Today in SF!

TeachNeed to rack up some continuing legal education credits, especially those hard-to-find ethics hours? Concerned about the changes to the American Bar Association's Model Rules of Professional Conduct that now mandate that lawyers must be cognizant about legal technology? Want to learn more about how to effectively use trial technology?

Well, if you'll be in the San Francisco Bay Area today (Wednesday, September 19), have we got a program for you! Our sister publication, The Recorder, is sponsoring Legal Tech Day 2012 in San Francisco at the Commonwealth Club, located on the second floor of 595 Market Street. (BART/Muni: Montgomery Street station). Walk-ins are welcome!

Continue reading "Legal Tech Day Today in SF! " »

September 14, 2012

Mark Michels Joins Deloitte Financial Advisory Services

Michels_mark2400Attorney Mark Michels, a frequent contributor to LTN as well as the EDD Update blog, has joined Deloitte Financial Advisory Services, as a director, specializing in e-discovery. Michels, former litigation manager and discovery counsel at Cisco Systems, will be based in San Jose, Calif, reports Monica Bay

"I am excited to join the Deloitte Discovery team because of the breadth and depth of its resources, focus on innovation, and commitment to clients," Michels told Law Technology News.

Read the full article on LTN online.

Image courtesy of Deloitte

September 11, 2012

N.Y. E-Discovery Pilot Program Puts Order in the Court

800px-NYC_-_New_York_County_Supreme_CourthouseNew York state courts are following in the e-discovery footsteps of federal court pilot programs such as the state's Southern District, according to a post by Paul E. Asfendis on Gibbons E-Discovery Law Alert, putting state court litigators on notice in at least one courtroom.

Under the aegis of New York's Electronic Discovery Working Group, Justice Jeffrey J. Oing's Part 48 of the State Supreme Court's Commercial Division in New York County will pilot the use of a new electronic discovery order (EDO) form. Participation in the program and completion of the order is mandatory for all cases filed in Part 48 after June 15, 2011.

Continue reading "N.Y. E-Discovery Pilot Program Puts Order in the Court" »

September 07, 2012

AlixPartners Taps Two E-Discovery Veterans

White_bateman_duo400AlixPartners has added more e-discovery heft to its information management services group with the addition of David White, former commercial litigation partner at Seyfarth Shaw, and Cynthia Bateman, director of evidence and discovery management and forensic technology services at KPMG.

According to Bateman, AlixPartners is showing tremendous growth helping companies develop repeatable processes for mitigating the risks associated with the identification, preservation, and collection for potentially relevant data for legal matters. She brings her own background to bear on this, having worked as a consultant at KPMG and in-house for Georgia-Pacific focused on the business processes of corporate legal and IT departments.

Continue reading "AlixPartners Taps Two E-Discovery Veterans" »

August 31, 2012

Resistance Is Not Futile

IMG_3150I'm home with a broken ankle today and so was able to watch the stock market reaction to the release of Federal Reserve Chairman Ben Bernanke's speech on fiscal policy. Tens of thousands of brokers and investors were eagerly awaiting this speech to try to forecast the direction of the stock market. Many were ready to immediately execute trades based on the content of this writing.

I watched CNBC and the market reaction to the speech. The market almost immediately dropped 100 points, just minutes after the speech was released to the public and before he had even begun reading his speech. No human could possibly have read his speech that fast. At best they could have skimmed a few paragraphs. Yet millions, perhaps billions of dollars changed hands as the market plummeted. Then, as if by magic, in the next hour the market climbs back up that 100 points lost, and goes even higher. What the hell happened? Bernanke did not depart from his published speech.

A CNBC reporter on the floor of the New York Stock Exchange (I think it was Bob Pasini) provided a very interesting explanation, one which I predict will not be again repeated and may even be hushed up. I will not forget it because it made perfect sense to me and has implications for legal search in e-discovery.

Read the full commentary on LTN online.

Image: courtesy of Ralph Losey

August 29, 2012

EDI, Oracle Team to Put TAR to the Test

Oot_patrick2_400The Electronic Discovery Institute is ready to undertake an academic study of technology-assisted review and has chosen the study's chief scientists, Stanford University's Peter Glynn and Gerd Infanger, writes Monica Bay.

In an announcement Tuesday night, Patrick Oot, special counsel for e-discovery at the SEC and co-founder of EDI, said the study would build on research by The National Institute of Standards and Technology (NIST)'s Text Retrieval Conference (TREC) Legal Track and EDI's original study on document review. Oracle's litigation team will partner in the study, which will run tests on actual data from a closed matter.

Will the technological tools fare better than human reviewers? Turn to LTN online for the full scoop.

Image by Monica Bay

August 28, 2012

Cowen at ILTA Sees Big Data Feeding Managed Services

Cowen_david_ilta400Managed services is about to change how law firms handle e-discovery and compliance in a very big way, reports Monica Bay from the International Legal Technology Association's annual conference at the Gaylord National in National Harbor, Md.

David Cowen, managing partner of the Cowen Group, delivered this prediction to the audience at an invitation-only breakfast held by the company. Electronically stored information will grow dramatically in the next year, according to Cowen. In response law firms will be turning to managed services -- outsourcing ESI services to the vendors.

This means job opportunities, with movement from legal shops to once stigmatized vendors -- with salaries topping out at $275,000 a year, plus bonuses. "Managed services is going to drive into the industry like a bulldozer," said Cowen.

Read the full report on LTN online.

Image by Monica Bay

August 27, 2012

E-Discovery Product Preview for ILTA

ILTA_ac2dc_400"New software for e-discovery, document management, and practice management will dominate news from the International Legal Technology Association show near Washington, D.C.," reports Evan Koblentz.

Releases of note include a yearly subscription model for Axcelerate's On-Demand e-discovery software and AccessData's debut of Summation 4.1 review software and AD eDiscovery 4.0.

Get the full report on LTN online.

Image courtesy of ILTA

August 22, 2012

'Kleen' Comes Clean From Predictive Coding

Code_road_400Plaintiffs in Kleen Products v. Packaging Corp. had sought to force defendants to employ predictive coding technology to ensure the accuracy of document production. Now, in the filing of a stipulation of the parties and an order signed by Judge Nan Nolan, plaintiffs have agreed that keywords can be used to search for documents relevant in electronically stored information collected before October 1, 2013, writes Sean Doherty.

Read the full story on the pages of LTN online.

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August 17, 2012

Predictive Coding Watch: 'In Re: Actos'

Past_present_future400Predictive coding is being put to the test in court again — this time in the Western District of Louisiana. According to a post by Greg Buckles on the eDiscovery Journal, a case management order by Judge Rebecca Doherty frames a "Search Methodology Proof of Concept" to examine the viability of Equivio's predictive coding tool Relevance for review and production in the matter — the defendant's e-discovery provider Epiq Systems uses Equivio Relevance.

The case is In Re: Actos (Pioglitazone) Products Liability Litigation, a multidistrict litigation consolidating 11 civil actions for pretrial proceedings. The plaintiffs allege that Actos, a prescription drug for the treatment of diabetes type 2, increases users' risk of developing bladder cancer — a risk the plaintiffs allege defendants concealed and failed to adequately warn consumers about.

Continue reading "Predictive Coding Watch: 'In Re: Actos'" »

August 14, 2012

LexisNexis E-Discovery in the Cloud

Cloud_at_400In a move in a strategy to bring all of LexisNexis e-discovery applications online, the company has brought forth a hosted version of its litigation document management software, Concordance Evolution, reports Evan Koblentz. Although, as Koblentz notes, hosted e-discovery software is less than groundbreaking, this is a significant move for Lexis.

Matt Gillis, vice president and managing director of the company's litigation tools and professional services group, says LexisNexis is focusing on more tightly integrating its e-discovery software products within hosted or installed environments. "We see an explosion of big data driving people increasingly to the cloud," he said, noting that the company expects  an increased rate of adoption and appetite for software as a service.

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August 08, 2012

ABA Adds Lawyers' Use of Technology to Model Rules

Aba_black_logo128The 560-member ABA House of Delegates voted to adopt recommendations by the the Commission on Ethics 20/20 into the organization's Model Rules of Professional Conduct, reports LTN technology editor Sean Doherty.

Doherty looks specifically at the House's Recommendation 105A on a lawyers' use of technology and confidentiality, and 105B, technology and client development as particularly relevant to lawyers interested in how technology might impact their practice.

Image by ABA

August 07, 2012

Social Media's Place in the ABA's Digital Ethics

0812ltnp27Now that the American Bar Association's House of Delegates has approved the Commission on Ethics 20/20 resolutions to update the Model Rules of Professional Conduct, Robert Ambrogi's 10 tips to ensure your social media practices won't run afoul of the ABA are especially relevant.

For example, remember that "the best way to stay out of trouble with any medium is to understand how it works." This could equally apply to social media in matters of preservation and discovery. Read the full article from LTN, "10 Tips to Keep Social Networking in Line With ABA Ethics."

Editor's note: This post has been updated to reflect the House of Delegates vote.

Image by Scotty Reifsnyder

Conference on Preservation Excellence in Portland

Arkfeld300Recently, I have been invited to speak at the 2012 Conference on Preservation Excellence, sponsored by Zapproved.

To register and find additional information about the Conference on Preservation Excellence, please visit

Image: Law Technology News

August 06, 2012

Will the ABA Ethics Rules Get a Technological Upgrade?

0812ltnp45With the American Bar Association's House of Delegates meeting today and tomorrow at the Hyatt Regency Chicago, six resolutions from the ABA Commission on Ethics 20/20 proposing changes to the Model Rules of Professional Conduct are expected to be put to vote: "Technology & Confidentiality," "Technology & Client Development," "Outsourcing," "Practice Pending Admission," "Admission by Motion," Model Rule 1.6 (Detection of Conflicts of Interest)."

Michael Arkfeld and Stephanie Loquvam in "Are Proposed Changes to ABA Ethics Rules Too Little, Too Late?" turn their attention to the resolutions, and specifically to suggested changes in the comments to the model rules that bring a lawyer's technological competence to bear upon his or her competent representation of a client.

In Comment 6 to Model Rule 1.1, the commission proposes adding the phrase "including the benefits and risks associated with technology" to a lawyer's responisiblity to keep current with changes in the law and its practice. This is a "game changer," according to Arkfeld and Loquvam, requiring that lawyers firmly understand how electronically stored information is created, stored, and retrieved.

For a better grasp on how these changes might affect the practice of law -- and what benefits and risks technology brings to the legal industry -- read the article on LTN online.

Image by Daniel Hertzberg

August 03, 2012

LiveOffice CEO, With Symantec in Mirror, Joins VC Life

Last week we wrote about Symantec firing CEO Enrique Salem, not long after the departure of Clearwell subsidiary CEO Aaref Hilaly for Sequoia Capital. Today, thanks to an announcement from Accel Partners, we're learning that the leader of another major Symantec acquisition, LiveOffice, has also left the building for VC life.

NIck Mehta quietly left Symantec in May. Now, "Nick will work with the team to identify breakthrough companies in enterprise applications and infrastructure," an Accel press release states.

There's no reason to believe any mass exodus is happening at Symantec, and by all accounts, the Salem move was unrelated to e-discovery. LiveOffice, too, is only on the left edge of the EDRM. But in the news business we have a saying: "One's a fluke, twice is a coincidence, and three is a trend" -- so this is something to keep watching.

Clearwell and LiveOffice aren't leaderless, though. They both are run by Symantec's Brian Dye, vice president, information intelligence group. Dye has been with Symantec since 2004 when it acquired his previous employer, storage management giant Veritas Software, for a massive $13.5 billion.

Wave Upgrades Its File Viewer for LexisNexis Concordance

Wave_software400Wave Software has upgraded its file viewer software, Trident Preview 2.0 for Concordance, Evan Koblentz reports. The latest iteration includes suport for TIFF images, the ability to launch Trident Preview within Concordance, and links to metadata files. For more on Trident and other upcoming upgrades to Wave applications, visit LTN online.

Image courtesy of Wave Software

August 02, 2012

Can Courts Get a Grasp on Ephemeral Data?

Hand_sandHow should courts handle requests for data "that require extraordinary measures to preserve and collect?" Brian Esser and Judy Selby of Baker Hostetler examine two recent cases in Tennessee and New York involving the recovery of Internet browser histories, one of which required the services of an expert to create forensic images of a hard drive -- a pretty costly procedure.

Read the article on LTN online and ask yourself what you might do when your duty to preserve extends to temporary Internet files or the recovery of files from a hard drive's slack or unallocated space.

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Waiting for Godot to Deliver a Load File Standard

Derby_briefcaseWaiting for a standard for load files instead of having to rely on a different file format when you're exporting data into different case management and review platforms such as Summation, Concordance, Relativity, Ringtail, etc.? According to ABA e-discovery chairman Steven Teppler, you might have to wait a little longer.

Teppler labels standards such as EDRM-XML, proposed by the Electronic Discovery Reference Model organization, as "premature" for an area in which "best practices are still emerging." Read the full report from Evan Koblentz on LTN online.

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