Out goes tera/petrabytes instead use ‘Big’

Big also heralds in Hadoop (& Hive & Pig etc)

These ‘animals’ and their Open Source playgrounds will change EDD (Electronic Discovery & Disclosure) software/services.(for the better!)

Will there be a Magic Quadrant EDD tackling Big +Cloud+ Open Source?

There are signs that the EDD rules (i.e. FRCP and CPR) will be revised (for the better?)

Here (England & Wales), the CPR will be revised/changed in April.

My 2013 EDD data recipe ; beware of stale data, don’t ingest ‘all-you-can-eat’ [3 mobile]data, and stay clear of everything-but–the-kitchen-sink EDD approach.

Kick starting the 2013 calendar with blog-chats!

The article titled ‘The Big Data Dump’. Great title for an article that touches on pretty much the reality of life from technology, business and from the kids to the big boys to the Supreme Court.

Well the  ‘dumping’ also extended to changing the law (American Civil Law) or some new rules. Ms Love Kourlis’s quoted in the article : ‘Judges in civil cases, she says, need more power to assess and define the appropriate amount of information that can be sought in each case. Civil cases ought to require both sides to disclose what information they have, as in criminal cases, thus ending the game of hide-and-seek that makes both parties ask for more, for fear of missing something. And shifting lawyers away from being paid by the hour (see article) would mean that they no longer had an incentive to add to the process.’

So what next?

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.

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 I have not used or been exposed to the product.

However in the white paper there is a statement ‘Data is never lost, and companies have robust search and retrieval functionality to meet the legal and compliance challenges facing all industries, today.’

‘Data is NEVER lost’? This is a myth with or without an archive system.

It’s so easy to forget that once e-mail is sent /delivered (a copy may reside on your sent folder/archive), the information/data is also OUT of reach of the sender. Another food for though – how to make sense of the clawback agreements for e-mails?

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 issue, the title; ‘Confronting the Matrix:Do the IBA Rules Require Amendment to Deal with the Challenges Posed by Electronically Stored Information? by Nicholas Tse and Natasha Peter.

As expected, the answer is a simple ‘yes, the IBA Rules require amendment’ (like the 1st article). The solutions though are not so simple. For me, the solutions are not within the IBA Rules. That’s another story.

Although the second article provided guidance from the English and US amendments and strategies for dealing with problems posed by ESI, the challenges posed by ESI for arbitrators and parties are still in the making or rather unconfronted.

Can one confront the Matrix and maintain a ‘flexible’ IBA Rules?