Category Archives: my research

Materials for my dissertation on ediscovery

Is edisclosure on the ICCA published agenda?

Since completion of my dissertation, I have not been actively searching for legal articles or news. I do know that in the arbitration world, there is an event coming up in June in Dublin. The International Council for Commercial Arbitration (ICCA), founded in 1961, is the leading world-wide organization devoted to promoting international arbitration and [...]

US and UK/EU Legal & Compliance “Hot Topics”

It doesn’t look like ediscovery is under the “Hot Topics”. Maybe ‘ediscovery’ is too hot to handle. The topics listed under the programme, such as recording, securing and accessing client communications are mostly to do with Know Your Customer (KYC). It would be interesting to hear the recent lessons from the compliance officers and also [...]

Alternative Search Technologies – Too Good to be True

It seems that alternative search technologies (alternative to the familiar Keyword and Boolean searches) touted by Vendors are considered as ‘too good to be true’. Check it out yourself at In Search of Better E-Discovery Methods By H. Christopher Boehning and Daniel J. Toal, New York Law Journal April 23, 2008 The above legal article [...]

E-mail Archiving – Myths according to a Solution Provider and Making Sense in Plain English of the FRCP

For those using Exchange, Outlook and Active Directory, you may be interested to read the white paper, Email Archiving: Common Myths and Misconceptions by MessageOne, Inc. If you’re curious on how a Solution Provider ‘makes sense in plain English of the FRCP, scan the posted white paper. I cannot comment on the MessageOne solution as [...]

Concluding remarks from my research (winter 2007)

“Electronic discovery is a tool to help resolve a dispute and should not be viewed as a strategic weapon to coerce unjust, delayed, or expensive results.” – From the Sedona Conference Electronic discovery/disclosure is an evolving field and has already raised and heightens multiple legal, security, and personal privacy issues, many of which have yet [...]

Just for the record – 2nd article on the IBA Rules

The other article (which was referenced in my dissertation) was posted here under the title: WHERE NEITHER THE IBA RULES NOR U.S. LITIGATION PRINCIPLES ARE ENOUGH Just recently my friend, Martin (another ex-student of QM) pointed out another article in the International Journal of Arbitration, Mediation and Dispute Management, Vol 74, Number 1, February 2008 [...]

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 site: Summary: Due to the broad nature [...]