e-book on e-discovery

Found an e-book style presentation on e-discovery.

Just the same old content i.e. the US stuff on the FRCP, e-mails, retention policy, technological tools for search and guides etc.

Flip through the nice charts and the articles and go straight to pages 20-21. Spot anything interesting? BTW you can also download a pdf version, how cool… Also the reader is reminded on IBM on every page.

The acronym, CYA caught my attention…

Seems that CYA is recognised as ‘simple human nature’ and when it comes down to saving their e-mails, employee can use ‘CYA’  argument against their employer.

Gosh, I guess one has to find new ways of dealing with e-discovery. So besides the charts and the step by step good practice guides, one can also use ‘CYA’ to save yourself and your e-mails. Would be interesting to see if there will be ‘CYA’ related e-discovery cases.

A Conference for ‘up & coming’ arbitration practitioners – Establishing Your Case in International Arbitration

No E-Documentation or edisclosure mentioned on this ICC UK / CIArb joint conference.
Perhaps the ICC UK and CIArb do not wish to remind those wishing to refresh their knowledge of evidence and legal submissions on the ‘growing issue as a result of the electronic exchanges of documents between parties’. Surely the ‘growing issue…’ as highlighted by the Juris Conference organisers on Electronic Evidence and Disclosure in International Arbitration are issues and challenges that young practitioners will no doubt encounter.
The ICC UK/CIArb states: A conference designed especially for ‘up & coming’ arbitration practitioners and those wishing to refresh their knowledge of evidence and legal submissions
Topics to be covered include:

  • Issues and Challenges Facing Young Practitioners
  • Establishing Your Case: Key Issues to Consider
  • Documentary Evidence
  • Document production, IBA Rules, common law and civil law approaches, and best practice
  • Expert Evidence: Tribunal or party appointed, number and qualities, witness conferencing, guidance and systems
  • Legal Submissions: Oral, written, simultaneous or sequential?
  • Fact Evidence: Witness selection, preparation, hearings, cross-examination

Juris Conferences : Second Annual Electronic Evidence and Disclosure in International Arbitration

I attended the First Electronic Evidence and Disclosure in International Arbitration held in New York at the end of January. My comments are posted under New York

The Second Annual Electronic Evidence and Disclosure in International Arbitration will be held in London on 2nd October. For the details checkout the Juris Conferences site

I noticed several familiar names (mostly from the US) on the Faculty list. Interesting long list of issues for the one day event.I also noticed that the format of the London event is the same as the one held in New York. The issues and items for consideration and discussion are also the same.

For posterity sake, the agenda is pasted here.

8:30 – 9:00 Registration
Coffee and tea upon arrival

9:00 – 10:30 Working Session 1

E-Disclosure in International Arbitration: the issues

Items for consideration and discussion to include:

  • E-documentation the “new reality”: the nature of the challenge
  • Litigation “discovery”obligation v. arbitration “disclosure”
  • Scope of disclosure in international arbitration
  • Reasonableness and proportionality
  • Common law v civil law practice
  • IBA Rules on Taking Evidence: the new gold standard?
  • Suitability of Sedona principles
  • Steps in e-disclosure
  • AAA/ICDR, CPR working groups on e-disclosure

10:30 – 11:00 Coffee/Tea Break

11:00 – 12:30 Working Session 2

Experience of In-house counsel

Items for consideration and discussion to include:

  • Requirements for storage and recovery of e-documents
  • Litigation/regualtory/arbitration demands
  • Needs as claimant/respondent
  • Privilege
  • Employee privacy
  • Preservation of documents/metadata
  • IT organisation and resources
  • Future developments?

12:30 – 14:00 Networking Luncheon
Luncheon Event Sponsor- Fulbright & Jaworski L.L.P

14:00 – 15:30 Working Session 3


IT Tools and Resources for E-disclosure

Items for consideration and discussion to include:

  • Nature and location of e-documents
  • Recovery and collection from multiple sources
  • De-duplication
  • Search tools and techniques (key word, conceptual)
  • Recovery of storage/back-up tapes and deleted e-documents
  • Integrity of e-documents and metadata
  • Storage and presentation of e-documents in arbitration proceedings
  • Controlling time and costs
  • Protocols/practices for e-disclosure
  • Future developments in e-disclosure?

15:30 – 16:00 Coffee/Tea Break

16:00 – 17:30 Working Session 4

Whither E-disclosure in international arbitration?

Items for consideration and discussion to include:

  • E-disclosure awareness of international arbitrators
  • Need for early consultation
  • Arbitration institutions: the value of e-disclosure protocols
  • Scope of disclosure (relevant and material/IBA Rules on Evidence)
  • What is “reasonable” and “proportionate” e-disclosure?
  • Expectations of parties and their counsel in international arbitration
  • Agreement between parties on scope/methods of e-disclosure
  • Costs
  • Issues of privilege
  • The future?

17:30-18:30 Cocktail Reception

Meltdown, Woes and Airport Spotting

The news of yesterday caught my attention. The ‘connectivity’ failure or ‘meltdown’ of the London Stock Exchange due to the weekend technical changes.  Mmm the meltdown did not concern me (not nowadays..) but it sure brought back memories of my programming days when I had to do coding and testing for trading platforms..Yeah sure was fun and damn challenging. Mmm although it doesn’t concern me, I sure would be interested to know the stories and woes from the people involved with the technical changes. Stuff behind the technical changes i.e. stuff behind the scenes and see if there are lessons to be learnt. Well, if the developers-testers-engineers ever get to hearing/airing their own stories. Ah! No doubt there will be further news circling on reputation risks etc.

Well…I’m reporting yesterday’s news as I’m still suffering from jet lag or rather the time zone (& sunshine) differences from being up and down from East-West (Hawaii in the zone between East-West). One lesson which I just can’t fathom or learn is that my body–mind-spirit (wholeness?) just can’t recognise or register or adjust to the different time zone as required by where I am now. This doesn’t stop me from travelling to far flung places. Mmm do we need a meltdown to learn from our experiences? Good job my memories are still ‘fresh’ :-)

I spotted one large advertisement board (marketing board) as I was walking towards the international airport concourse in Toronto Pearson airport. (I flew from Vancouver to Toronto – this is just one lag). Guess what a saw! A marketing board (from one Ediscovery Company) with a one liner ‘e-mails are now legal’. I wondered how many people really understand the one liner. Does it concern me? Still…I had a phone call from a friend (yesterday) about his e-mails access and problems with Internet Service Providers. Memories still fresh; I said to him ‘e-mails are now legal’! Arghhh.

Lots of legal and non legal e-mails to ponder through.

Aloha,Mahalo & Eee – multilanguage & Big Blue

Aloha from Waikiki !

This blog is written and posted from my new Eee (pink cover) Linux based laptop ( more of a palm than a lap to be more precise). Beautiful, cool and great machine to carry and use. No fiddling with ‘windows’ and the Eee runs like a breeze…Will I opt for the iPhone next? Not sure since I’m very much a typing rather than a tapping person.

Within less than 3 months I bought 2 computers, the other is a Sony Vaio laptop which replaced my ‘old-worn out’ Vaio of over 6 years old. That’s pretty much the age of a travelling laptop.

As can be seen in my blog calendar, I’ve not posted much except I’ve added Web 2.0 features like feedburner and also google adsense. I’ve also started playing with various other applications and systems and started a new WordPress site to experiment blogging with mandarin-english.

Mmm seems that multi-language ediscovery challenges have also appeared on the agenda of the likes of Kroll Ontrack. I also noticed today that Big Blue (IBM) has entered the ediscovery space. More to come…

Mahalo

Go East

June gone, still July and August soon and the Beijing Olympics

I wish I can go to the Beijing Olympics…oh well…

Today, I heard over the radio (most likely BBC 3) advising visitors to the Beijing Olympic on what not to do?!

One ‘not to do’ is ‘not to ask what they do’ (i.e. avoid asking the Chinese what they do for living or their work).

Gosh! I have lived in Shanghai and Kunming (& have travelled to Beijing and other parts of China) and my advice to anyone going to the Olympics is not to avoid anything especially asking questions?! I guess it’s just radio commentary and not to be taken too seriously.

How about this ‘East meets West style of psychological integration’?

Professor Mok from the National University of Singapore gave a speech, titled “Ancient Chinese thoughts and modern leadership” at the Fudan University . Professor Mok’s suggestions are interesting. If his suggestions are adopted by the Chinese scholars in Fudan, soon all MBA students around the world (for the integration to be meaningful) will also have to study the ancient Chinese thoughts, i.e. Confucianism, Mohism, Taoism, Legalism, Military Arts .Whether future leaders will be able to grasp these ancient Chinese thoughts and think like Confucius etc. will be something I won’t be interested in.

What I am interested is how and why Professor Mok makes the connection between corporate decision-making with Taoism. This is indeed worth checking out. Would Taoism thinking helps with ediscovery/disclosure decision-making?

Maybe I ought to find a way to return or to Go East :-)

Alert! The International Journal of Arbitration, Mediation and Dispute Management

I am rather pleased to announce that the Chartered Institute of Arbitrators (CIArb) will publish my condensed dissertation, titled : Electronic Discovery/Disclosure: From Litigation to International Commercial Arbitration  in The International Journal of Arbitration, Mediation and Dispute Management, Sweet & Maxwell, Volume 74 Number 4 November 2008.

When I started on my research back in October 2007, ediscovery/edisclosure was not a term recognised in the IT corporate environment in London. I know this for a fact as my colleague and friends said ‘what is that?’ when I told them my subject matter for my dissertation.

I came across ediscovery only because I was looking for a topic for my dissertation. As I was involved in a Document Management implementation project (with many challenges!) last year, I decided to explore various IT and legal issues related to document management. So, I too have no clue what is ediscovery until I started my research. The research subsequently led me to start this blog and also opened up a vast area of ‘unknown or ‘mysteries’ to explore further. So far, I have met several interesting folks from various fields.

Right now, I am looking for ways to pursue a PhD and will welcome any suggestions as to where to get funding and/or sponsors. I am told three years full time will costs a ‘lot’ of £££££. It will be worth more than £££££ as I know what I want to research will be stuff worth writing about.

For my IT friends and those in the IT corporate world and also the IT community in general, ediscovery/edisclosure may still be a mystery or simply another ‘e-something-fad’ and if you think you can avoid or rebel, think again and share your views here. Even the storage people (or IT storage stewards) have shared their views, read what was reported in Users rebel against e-Discovery liabilities by Beth Pariseau, June 19th, 2008

Viacom v. YouTube – ESI re-definition ?

A mix bag of copyrights, privacy, databases, ediscovery and the judge being accused of “lack of tech cluefulness,”

read on…Viacom v youTube

‘How to’ collaborate with diverse stakeholders – an exploration

Given that most organisations have many policies and procedures covering various legal and compliance requirements and that there is already an industry process model, Electronic Discovery Reference Model, why do I still feel the need for a collaboration framework?

Furthermore, there are technology vendors/suppliers providing various forensics and investigations related tools and software for ediscovery/disclosure. Also, this year there are several organisations providing trainings/seminars on ediscovery/disclosure. Not surprisingly, lots of trainings/seminars have been conducted focusing on the ‘what’ and ‘why’ of ediscovery/disclosure. When the ‘how to do…’ is encapsulated or prescribed in process models or in cookbook approaches like ‘tips and traps’, the application or rather the act of performing the ediscovery/disclosure activities will still need to be carry out by people and team of people. Process models and ‘tips and trap’ will add to the heap of processes and procedures for organisations. Also, people generally trump or ignore procedures especially if there are too many to chew.

From my own real-world lessons, having worked with several major organisations in large projects/programmes involving software development/implementation, ediscovery/disclosure activities will require not only tools, process models and procedures. Like software development projects, ediscovery activities involve many stakeholders with competing needs and interests, many dependencies all requiring resources to be used effectively. Why not utilise a project management approach to manage the resources?

As far as I am aware, most or practically all commercial strength project management approaches and methodologies do not provide any framework for dealing with the people aspects in managing projects.

For example, PRINCE2 has detailed description of managing product deliverables and also steps for managing risks. I recalled in a PRINCE2 Practitioner training course, the instructor said something along the lines: ‘For effective project management, the people skills are crucial and are not covered under PRINCE2 trainings or in the manuals’.

Moreover, even if ‘best practice’ guidelines such as the IT Infractructure Library (ITIL) is adopted by organisation, the challenges of co-ordinating and working with diverse teams of people as when in an ediscovery scenario will be even more pressing. People cannot be certified against guidelines or even standards e.g. BS 15000, the IT Service Management Standard.

Individuals and team dynamics are what make an organisation ‘tick’. It is also common to hear other phrases such as ‘people matters’ or ‘we value people’. However, when it comes to tapping into (or the buzzword –empowering) individual to deliver the required value, the ‘tick’ becomes more like a loud bang. Loud bangs are generally not welcomed (unlike in Chinese celebration where the loud bang from fire crackers are said to drive away demons/back luck etc) as noises are deemed as unpleasant causing discomfort and unanticipated consequences. Is this why people avoid or simply fail to cope with the dynamics of people interaction?

Perhaps I have lost touch with my own abilities to do what comes naturally. How to get back in touch with my own abilities? How to get in touch and stay in touch with my own abilities especially when I am faced with chaos or in chaos situation whereby I have to interact with others.

Looking back to the heydays of the 80s, where there were less processes or tools and less rules and regulations, I was better equipped (by being less equipped with choices) to get any job (mainly building great systems and running a family) done with lots of ticks and banging. Nowadays there are way too many processes/tools and every actions I take there are rules/regulations to catch me out or trap me. So much so, I dread the thought of walking into an office, especially in an organisation where people, process and technology (what else is there in a 21st office?) actually restrict and hinder my abilities to feel, think and act. So far, I have been mostly fortunate to work for/with companies whereby the people makes it worthwhile going into office to work.

Do I have an alternative to escape the 21st organisational trap? Well, I have been busy re-training and re-visiting my long held interests and most importantly reflecting on my life and how I want to live my life. I am taking small steps each day and learning to cope with needing less and reaching out into my inner strengths.

One realisation is that when I am in chaos, I will find a frame of reference to make me feel good again. This frame of reference can be anything or nothing. When I find my frame of reference I get the ‘tick’ and this makes me feel good. Feeling good enable me to make sense of what I need to do. Doing then becomes second nature, effortless work or task.

When in Chao, find a frame of reference!

In collaboration with others why not find a frame of reference too?!


Hot off the e-mail Press!

I received an invite today to register for the 2nd annual electronic evidence and e-discovery forum.

I attended the 1st Forum last year and the focus then was mostly related to forensic stuff and presentations from top notch e-discovery vendors offering solutions/services based on the edrm.

Judging by the agenda, a mixed bag of themes and topics are planned for Oct 2008.

Heh! Incidents, investigations, readiness all sounds like fun to me. However I doubt if any of the technical and legal presentations will be fun.

Maybe the organiser will prove me wrong and comes up with 2 days packed with fun learning.

Anyhow, the listed agenda:

  • Provide a wealth of practical information and examples of best practice on building proactive capabilities for disclosure and discovery requests
  • Explain how best to contain costs while ensuring a high degree of forensic and litigation readiness
  • Investigate how to strike the perfect balance when deploying in-house capabilities and using the services of external service suppliers 
  • Detail what the perfect e-discovery crisis response team should look like, which departments should be involved internally, and explain how to ensure your organisation can react quickly and cost-efficiently 
  • Highlight pitfalls to watch out for, and give pointers on how to overcome unexpected problems and hurdles that organisations can encounter during events and incidents
  • Offer an opportunity to ensure that your policies are up-to-date with those of your competitors and peers
  • Ensure you are aware of the issues you may encounter if you face a forensic or litigation engagement and are not prepared

Key themes and scenarios for 2008 include:

  • Internally generated events
    > Fraud and theft
    > Investigations into employee activity
    > Employee disputes
    > Whistle blowing
  • Compliance issues
    > Investigation by the government or regulatory body
    > Data privacy when discovering data in different jurisdictions
  • Information leakage
    > Insiders divulging information (e.g. about mergers and acquisitions)
    > Espionage