Category Archives: Focused

discovery of ‘e-mail diary’ disallowed even by a mock panel of international (real) arbitrators

I was at the ICC Arbitration Day event in Paris last week. Thanks to Ms. Mireze Philippe at the ICC for her company and lunch. The mock arbitration was well organised with two sittings comprising of well known arbitrators, lawyers and also a barrister. Only one of the parties was not a lawyer. The participants [...]

Recent March publication & activity from the Sedona Conference

I have just found the WG1 March 2008 publication at the Sedona Conference site. The title is Commentary on ESI Evidence & Admissibility. Have not read it yet. Maybe there will also be a publication from the Spring Conference (March event): THE SECOND ANNUAL PROGRAM ON GETTING AHEAD OF THE eDISCOVERY CURVE: STRATEGIES TO REDUCE [...]

US cases & CREDO

In looking for articles on the Qualcomm v. Broadcom, 2008 WL 66932 (S.D.Cal. Jan. 7, 2008) and the Columbia Pictures v. Bunnell, No. 2:06-cv-01093 (C.D. Cal. Dec. 13, 2007) cases, I came across CREDO – Case Review and Enforcement of Discovery Obligations programme. I do not know what CREDO programme entails and wondered if there [...]

Is Record and Information Management (RIM) the same as ESI Management?

Ah! if there is one prediction for 2008 (always fun to predict especially as spring, Easter and day light/shift in clock all happened before April Fool’s day); there will be all kinds of bundled IT and Legal events/conferences and also ediscovery/disclosure related trainings. If you can distinguish ESI from RIM (just one area where IT [...]

Ediscovery Capability Maturity Model for Organisation?

There is an assumption in current ediscovery/disclosure processing models and solutions (offered by vendors/providers) that ‘Form follows Function’. If you’re tired of reading articles, here’s a webcast on ‘The e-discovery tool landscape’ . If you’re too busy to listen to the webcast, here’s a summary from the bitpipe.com site: Summary: Due to the broad nature [...]

Discovery of ESI (DESI) – Research Initiatives

Back in summer 2007 the International Association for Artificial Intelligence and Law, ICAIL (in CA, USA) hosted a workshop on Supporting Search and Sensemaking for Electronically Stored Information in Discovery Proceedings (DESI Workshop). The second DESI Workshop will be hosted by UCL, London this June. According to the UCL website, the second DESI Workshop coordinates [...]

1st International Conference on Digital Evidence – June, London

In ploughing through my backlog of e-mails, I came across what I think may be an event worth attending. The website stated ‘The aim of the Conference is to alert judges, lawyers…’. No mention of private judges/arbitrators. Get a book if register by 1st May!

where disclosure of document is not a breach of confidentiality

My lawyer friend, John (thanks!) e-mailed me a piece of news posted at thelawyer.com site Not related to electronic disclosure (from the news report) but still worth noting. Confidentiality in arbitration not to be taken for granted. According to the Court of Appeal, ‘any future disputes on the disclosure of documents should be resolved by [...]

From ESI to Evidence & preservation of RAM

With kind permission from Mr. William F. Hamilton at Holland + Knight, I have posted here two articles which I received last week. The PowerPoint presentation on From ESI to Evidence and a pdf article on RAM preservation. Thanks Mr. Hamilton.

forensic classification of specialities – one approach

Last December, I attended a digital forensic course given by the London School of Informatics, City University. On my ToDo list (many ToDo!) after the course was to find out how the courts and the forensic practitioners classify the various technical or speciality areas (if any). Here’s one approach adopted by the Council for the [...]