I guess e-discovery related news and information are slowly but surely spreading across boundaries. The spread is further amplified with the recent security related news stemming from China and also news that there are now more internet users in China than in the US. Are you surprised? (Do your google search if you need convincing).

I recently downloaded the online chat application, ‘qq’ with the view to help me improve my mandarin writing and reading. However, I was informed by my Chinese friend that the security aspect of qq is not ‘secure’. She further added that I can buy some ‘security’ if I am willing to pay. Mmm..without going into the details, qq uses a business model unlike Skype or Messenger. I doubt the ‘security’ model (payment application driven) will bypass whatever the higher authority has in place or in mind.
To me, dealing with e-discovery without knowing or being aware of digital forensics and the various security models (and also the underpinning or overarching laws and rules) is like driving across the international borders without a guide (local or specialist person) and/or a Sat Nav device/system. Which is more important, a human guide or a Sat Nav device? I guess the answer is ‘it depends…’?!

It depends on a multitude of human and non-human factors/elements and as shown by the GEC Conference, digital forensics and privacy laws are picked to address some of the challenges underpinning e-discovery in cross-border litigation. A recent publication from Herbert Smith, ‘A Guide to Dispute Resolution in Asia 2009‘ provides some handy information with mention of electronic communications, e-mails, electronic document and electronic filing but no mention of e-discovery. Maybe the next Asian edition/publication will feature e-discovery.

In the litigation arena, I have found that there are many more blogs on various aspects of ediscovery coming from the US and still hardly any blogs from elsewhere. Worldwide searching/linking is still lopsided when it comes to online knowledge and information distribution. Perhaps the very concept of knowledge or data or information divides the technology ‘haves and haves not’. For a survey of the ‘haves’ check out what others have compiled at Guide to E-Discovery Resources on the Web.

In my conclusion I stated ‘Whether the benchmarks set by the Sedona Principles will further be incorporated into IBA Rules or modified by the various international organisations such as the ICC, LCIA, IBA, UNCITRAL and the American Arbitration Association, to meet the expectations of the international businesses will be an event worth earmarking.‘.

With the lopsided information world and even with search engines allowing me to specify whatever I want to seach, I have to say there is so far no such event worth earmarking. Instead, these organisations have gone their own separate ways and with others (e.g. CIArb) joining in the bandwagon to come up with protocols/standards/models etc. So…expect more to come.

It’s nearly a year since I wrote my conclusion and this year I have attended most of the momentous ediscovery/edisclosure events hosted in the UK. One notable observation in all the events I’ve attended is that the international arbitration arena is also lopsided in that the participants are invited by the organisers’ arrangement/selection of the topics/themes. Hence the participants are driven by the (commercially driven) organisers’ goals instead of a truly opening forum for a wider participation by the end users or people/businesses who are the primary ‘stick’ when it comes to ediscovery/edisclosure related matters. Personally, I find the ‘carrot & stick’ (this idiom or expression conveys the way I feel about these seminars/events) approach rather limiting especially in areas whereby technology, law and other social sciences are involved i.e. like in ediscovery/edisclosure. Heh! I’m not blaming the organisers, in fact without them the ‘ediscovery’ industry will be less exciting (as I will have less to compare and contrast!).

I’m sure in due course there will be open forum(s) on ediscovery/edisclosure whereby there will be protocols/guidelines/procedures/standards etc designed/developed with participation from the wider businesses/communities rather than a select few or lone individual. I guess with the nature of the international arbitration arena whereby not a lot of cases are widely publicised, the ‘one size fits all’ stuff for edisclosure will remain elusive and challenging.

I was notified of the BarCamp event just two days before the planned event. Before the actual day, it seems to be a momentous event for the BCS as reported in the BCS blog.

Having attended the event and even run a session, I am indeed surprised that the BCS actually held a BarCamp and hoorah for taking the first step to break away from the conventional meetings and talks (which I tend to avoid these days, unless I have nothing else better to do).

By the way, for those interested in the session I run (or loosely facilitated and participated) and want to read what others discussed and got out from the session, please do check out Conrad’s blog conradiator. Also, please check out another blogger, Arjun’s blog gigogeek.

I certainly didn’t expect mobile interfaces and languages to emerge from the very loose question topic (question without buzzy words). Isn’t this exciting?! That’s the power of collaboration and interaction and dialogue. The challenge though is to do this intuitively and with gusto and fun! My own observation is that our abilities to tune in to our basic communication skills have been lost or rather brain washed with tools and technologies. The style (or non style) of BarCamp breaks the conventional rhythm of one person doing all the talk/lecturing and usually relying on using IT tools to communicate IT solutions/problems.

I went to BarCamp because I was curious who will turn up and whether the BCS office will be attractive (fun?) enough for people looking to experience something ‘bar’ and/or ‘camp’ erish. Well lots signed up but only a handful (less than 20) turned up. I am sure there are lots of reasons why people failed to turn up. For those who turned up, I will say to them ‘great showing!’
I am blogging this event here as I am pondering on doing a Camp type event (based on OST) with the overall theme on IT-Law-Fun. Well.. can we make ediscovery/disclosure event fun? One thing for sure, I will certainly learn a bit about myself.

• 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

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

Sounds an interesting presentation from the flyer which says ‘the presentation will explain in depth the approach taken by the Serious Fraud Office in the collection, analysis, investigation and presentation of digital evidence for the purposes of achieving successful criminal prosecutions. The presentation will also cover the interrelationships between digital forensics as a science, and the investigation as an art.’

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
COSTS & MEET JUDICIAL EXPECTATIONS

It would be interesting to see what topics and/or papers will be generated.

Get a book if register by 1st May!

* Computer forensics and cybercrime
* Electronic discovery (eDiscovery)
* Internal investigations
* Records retention, data auditing and compliance
* Information assurance
* Computer incident response

Also, if there are any blogs on the conference please leave your comments here. Thanks!