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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.



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.

October 29, 2012

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

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

July 05, 2012

John Barkett: ABA Proposed Amendments to Model Rules

Aba_black_logo128 John Barkett,  a partner at Shook, Hardy & Bacon, was recently selected by U.S. Supreme Court Chief Justice John Roberts to the U.S. Judicial Conference Advisory Committee on Civil Rules. He recently provided an overview of upcoming proposals for modifications to the American Bar Association's model rules.

Here's his intro ... you can read the full story here.  (And watch for the August issue of Law Technology News magazine's August issue, which will have more analysis from Michael Arkfeld, Robert Ambrogi, and Stephanie Loquvam.)

Since 1908, the American Bar Association has published ethical rules to govern the conduct of lawyers. The Canons of Ethics became the Model Code of Professional Responsibility in 1969. The Model Rules of Professional Conduct replaced the Model Code in 1983. The model rules are not binding on lawyers in a jurisdiction until that state's supreme court adopts them. With variations in some of the rules, 49 states and the District of Columbia have done so. The one exception is California, which has its own ethics rules.

The ABA periodically reviews the model rules and their explanatory comments in relation to trends in the practice of law, and when necessary makes amendments to the rules or comments. States typically follow suit with conforming amendments.

In 2009, the ABA Commission on Ethics 20/20 was formed to, among other goals, adapt the model rules to technology innovations in the practice of law. To achieve this aim, the 20/20 Commission has proposed amendments to several rules or comments that will be voted on by the ABA House of Delegates, which meets during the organization’s upcoming annual meeting, August 2-7, in Chicago. The amendments appear modest but their import is significant.

Image: ABA

June 27, 2012

FJC Pocket Judge Update

Fjc_logo128The 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.

April 25, 2012

FCPA & Dodd-Frank Conference

ILDD Globe
The International Law Discovery & Disclosure Group (ILDD) will be hosting its annual FCPA & Dodd-Frank conference in London on June 7-8, 2012.

Join London's leading publicly traded organizations, regulatory authorities, and law firms for a day and a half of thought leadership and workshop sessions around the U.S. Foreign Corrupt Practices Act and Dodd-Frank Act related to internal and competitor whistleblowing.

Attendees include business finance, legal, and compliance employees, regulatory officials, and outside lawyers that service individuals and organizations worldwide. Space is limited and registration is required.

Contributors to this event include: Skadden Arps, DLA Piper, Latham & Watkins, Hasbro, FMC Technologies, HSNO, FD Azar, and many others.

Contributing media partners: Association of Certified Fraud Examiners (ACFE), Association of Certified Anti-Money Laundering Specialists (ACAMS), Carmel Valley E-Discovery Retreat.

Attendance is fully supported by ILDD sponsors and there's never a fee to attend an ILDD event.

Image courtesy of ILDD

April 04, 2012

New York Bar's EDD Best Practices Guidelines

MapHere is a link to the New York State Bar's E-Discovery Best Practices Guidelines, which were passed in Sept. 2011. Hat tip: B3 Legal


February 15, 2012

Unified Information Access: Viva Las Vegas

Slot machinesThe Data Warehousing Institute held its Business Intelligence Executive Summit this week in Las Vegas. This conference is all about developing an enterprise strategy on handling data and recommended for anyone wanting to see the future of predictive coding.

The buzz is UIA — unified information access — tools that integrate search, text analysis, and buiness intelligence. Bringing previously separate information ecosystems together helps reduce the chaos of multiple interfaces and adds power to analysis.

As we move toward UIA functionality, organizations can reduce the time and difficulty involved in working with different types of data. To that end, we are seeing predictive coding become part of the UIA platform.

Continue reading "Unified Information Access: Viva Las Vegas" »

January 25, 2012

EDRM Projects Advance Industry Standards

On January 24, 2012, those of us at EDRM provided formal updates from five of the EDRM projects — Data Set, IGRM, Metrics, Model Code of Conduct, and XML. EDRM provides a common, flexible, and extensible framework for the development, selection, evaluation, and use of e-discovery products and services. The advancements in each of the following projects are designed to further standardize the principles and practices utilized in e-discovery management as follows:

Data Set  The EDRM Enron Email Data Set version 2 is now a public data set on Amazon Web Services. AWS hosts these public data sets at no charge to the community in order to enable faster innovation by researchers across a variety of disciplines and industries. For more information about AWS public data sets, go to

Information Governance Reference Model (IGRM)  The IGRM project team and ARMA International recently published a jointly developed white paper, How the Information Governance Reference Model (IGRM) Complements ARMA International’s Generally Accepted Recordkeeping Principles (GARP).

Continue reading "EDRM Projects Advance Industry Standards" »

December 20, 2011

ARMA & EDRM Debut White Paper

EDRM-LogoARMA International and EDRM have jointly released a  white paper, to provide guidedance on information governance.This is the first product of the collaboration between ARMA and EDRM announced this fall.

The white paper demonstrates the mapping of the Information Governance Reference Model to ARMA International's Generally Accepted Recordkeeping Principles. Downloads of the white paper are available at

November 18, 2011

Georgetown EDD Conference Case Law Update

RosenthalLee-GT11The eighth annual Georgetown Law Advanced eDiscovery Institute opened Thursday morning with a fast-paced case law update presented by six of the most well-known jurists in the legal industry: John Facciola (U.S. District Court for the District of Columbia); Lee Rosenthal (U.S. District Court for the Southern PeckAndrew-GT11District of Texas) (right); Andrew Peck (left), Shira Scheindlin, and James Francis (left below) — (all three from the U.S. District Court for the Southern District of New York) — and David Waxse (U.S. District Court for the District of Kansas) (below, with moderator Ron Hedges). Baltimore's Paul Grimm was scheduled to participate, but had a conflict and was unable to attend.

FrancisJames-GT11The almost-two hour session at the Ritz-Carlton in Arlington, Va., covered cases that illustrated a wide range of issues that were in consideration during 2011.

WaxseandHodgesFrancis started with the long-litigated Rambus cases. (Micron Tech, Inc. v. Rambus Inc., 645 F. 3d 1336 (Fed .Cir. 2011), and Hynix Semiconductor, Inc. v. Rambus Inc., 645 F. 3d 1336 (Fed. Cir. 2011), which addressed the issue of when the duty to preserve kicks in, and what is reasonable anticipation of litigation. Francis described the "shredding parties" that Rambus held that were revealed during the litigation. "In some respects, [Rambus] was an easy case," he observed, because it was so dramatic.

Read more here.

Photos: Monica Bay

October 05, 2011

E-Discovery & Evidence Training Institute

Here's information about our upcoming conference:

Law Partner Publishing, the State Bar of Arizona Trial Practice section, and the Center for Law Science and Technology (which is part of the Sandra Day O'Connor ASU College of Law) will present its annual Electronic Discovery and Evidence Training Institute, Dec. 1-2, at Arizona State University, Mercado Center, in Phoenix.

The conference offers practical and structured technology and legal training from top experts, with 18 hours of on-demand instruction. Judges will provide their "views from the bench," clients will discuss their EDD concerns, and the event includes a mock 26(f) meet and confer session. Service providers will have an opportunity to respond to a mock EDD service proposal.

Among the faculty will be Vice Chief Justice Andrew Hurwitz, of the Arizona Supreme Court, and George Paul, of Lewis and Roca.

411: LawCLECenter ( .

October 04, 2011

Georgetown Gears Up

Earlybird Lawrence Center checks in to remind us that the early-bird rate for the upcoming Georgetown Law CLE Advanced eDiscovery Institute expires Oct. 17 ($100 discount).  The conference will be held November 17-18 at The Ritz-Carlton, Pentagon City-Arlington, Va.

Chief Magistrate Judge for the U.S. District Court, District of Maryland Paul Grimm will deliver the keynote. He's one of at least 15 judges who are scheduled to speak at the annual "judge-fest" — others include high-visibility U.S. District Court jurists Lee Rosenthal, Shira Scheindlin John Facciola, James Francis, Andrew Peck, Nan Nolan, David Waxse, Elizabeth Laporte.

Francis will moderate a session on "Statistics and Sampling for Lawyers: How to Apply a Well-Accepted Methodology in the World of eDiscovery; Scheindlin is a panel on "Pragmatic Practices for Resolving eDiscovery Cross-Border Conundrums." Other conference topics range from the opening session, "E-Discovery Case Law Update," to corporate approaches to electronic information management; "The Business of e-Discovery," state approaches, social media, cloud computing, project management, and so much more.

LTN board member and frequent contributor Patrick Oot will moderate a panel on "E-Discovery in Investigations and Litigation Before Federal Agencies," (he is general counsel with The Electronic Discovery Institute and special counsel for e-discovery with the U.S. Securities & Exchange Commission).

If last year was any predictor, this is a "must-attend" conference. I will be there, hope to see you!

Brochure; website. Phone: (800) 241-3333.


September 06, 2011

Preaching to the Choir?

Choir After attending major e-discovery events around the country for the last seven years, I have noticed a consistent trend --  most of the attendees are repeats and I am not seeing many new faces.

Are we simply preaching to the choir?  These events are great opportunities to meet thought leaders in e-discovery and learn about changing law and technology. Attendance at regional events for the most part have been flat for awhile and reviewing the various e-discovery surveys published this year reveals that we
have a long way to go in terms of education and adoption.


EDRM and ARMA Collaborate on Information Governance

The Electronic Discovery Reference Model and ARMA International have formed an alliance to assist organizations with information governance issues.

EDRM's Information Governance Reference Model (IGRM) and ARMA's GARP (Generally Accepted Records Management Principles) provide a roadmap to help organizations work through policy and procedures toward improved information governance. Details at:

August 18, 2011

EDRM Model Code of Conduct: Public Comment Request

Feedback The EDRM Model Code of Conduct (MCoC) is now available for public comment at

Published on July 9, 2011 and available at both and, 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

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.


August 01, 2011

Sham Exam?

C1pLTN070811_6x8[1] Our August issue of Law Technology News is now up and our cover story package is already causing quite some buzz.

"Sham Exam: Do your homework before you pay for e-discovery certification" is a package of four articles exploring the controversy about e-discovery certification courses and exams:

• Patrick Oot leads off, outlining critics' concerns that the courses/exams may be exploiting the most vulnerable members of our community — contract lawyers and paralegals — and may present ethics dilemmas for attorneys.

• Albert Barsocchini reviews the for-profit Association of Certified E-Discovery Specialists course and test, coming to the conclusion that it's a step in the right direction, if imperfect.

• Monica Bay (moi) profiles the non-profit Organization of Legal Professionals, led by Chere Estrin, and its certification courses and exam; and also outlines Ralph Losey's E-Discovery Team Training, which is not a certification program but is a four-level series of courses that includes testing.

All three of us talk about the controversy in the August edition of my Law Technology Now podcast! Check it out!

Where do you stand? Hit comment below and let us know!

8/5 Update: With thanks for thoughtful feedback from the community, we have restructured LTN's August issue web edition presentation of the four stories so that you can access each component directly from the main Table of Contents. We have also added a fifth component, Reader Response, where we will post letters — the first being a statement from ACEDS with further information about its program.


Cover image: Mick Wiggins

July 19, 2011

EDRM Model Code of Conduct Guidelines

Conduct The Electronic Discovery Reference Model Code of Conduct was published on July 9 and is posted here.  

Congratulations to the MCoC team for tireless dedication to work through many thorny issues. The MCoC addresses five key principles: professionalism, engagement, conflicts of interest, sound process, and security and confidentiality. Each principle focuses on service providers and is accompanied by a corollary focusing on the client perspective.

These guidelines are aspirational and intentionally carry no enforcement authority. They do, however, shine a light on important issues that should concern participants in the electronic discovery marketplace.

Publishing the MCoC starts the conversation. Please keep it going by letting us know your thoughts.

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

Legal Technology Leadership Summit - Amelia Island

Ritz-amelia-island More than 50 speakers will be joining the faculty at our upcoming  Electronic Discovery Institute's Legal Technology Leadership Summit, Sept. 6-8, at the Ritz Carlton Amelia Island. The program targets corporate counsel, records management, judges, IT and litigation support professionals.


We are offering scholarships for a limited number of qualified in-house corporate attendees that have budget shortfalls this year. Among the many corporate counsel speakers is Microsoft's Nishan DeSilva, who oversaw the winning project in the 2010 Law Technology News Award for Best Use of Technology in a Law Department. (See "Eat Your Own Dogfood," LTN April, 2010.)

Also, if you work in an a corporate legal, records management, or IT department, and have a compelling story to to tell on one of our panels, please contact for details.

Disclaimer: I am involved in the event!

Image: Ritz Carlton/Electronic Discovery Institute

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