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Electronic Data Discovery Trends and Strategies in US and UK Legal Systems

Explore the evolving landscape of Electronic Data Discovery (EDD) in the US and UK, highlighting key differences, challenges, and opportunities. Learn how to leverage technology, manage risks, and stay ahead in the digital age of legal proceedings.

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Electronic Data Discovery Trends and Strategies in US and UK Legal Systems

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  1. Gleneagles 2004Electronic Data Discovery - Pragmatic Reality Andrew Haslam – Allvision Computing

  2. US vs. UK – Strategic Analysis • Significant cultural and legal differences. • Can learn from the US and exploit the tools. • US = Tidal wave. • UK = Steadily rising flood. • “Don’t believe the hype, but do listen to the message.”

  3. EDD Basics • Disclosure is a historical “tail” that is increasingly electronic. • 90% of corporate documents exist electronically, 70% are never printed. • EDD and Forensics • Communication via email. • Technical inability is no defence. • Delete rarely does. • Volume, Volume, Volume. • Not just Disclosure. Employment/M&A/FOI.

  4. EDD Process Overview • Collect • Filter • Process • Review • Then?

  5. Key EDD Issues • Volume needs a fast production line process. • Electronic data does have significant plusses for searching and other tools. • Metadata. • Privilege/Trade Secret protection. • Challenging projects for Litigation Support staff.

  6. Challenges and opportunities • A chance for IT to be part of the legal team. • Need to educate users and clients. • Now it’s a competitive edge, soon it will be an entry level requirement. • Legal Risk Management.

  7. One year on and… • Debate (and some action) in the UK • Review (and production) in native mode. • Heightened awareness of metadata. • Back-up and Resilience technologies need to be searchable. • Understanding of key word search (but less agreement) • Concept searching/AI tools for in-house use, no chance in Disclosure process.

  8. The Threats • SPOLIATION. • Volume and Complexity. • “Friendly fire” from legal team. • The “ostrich” approach. • Preservation of Privilege (and Trade Secret). • Technology hype.

  9. IT Strategy and Tactics • Need levels of response with both in-house skills/tools and external partners. • Increase depth and breadth of project management skills. • “Tripwires” • Print Room. • Help Desk. • PSL’s. • In-house KM/Literature.

  10. Strategy Matrix In Word/Outlook/+? Review 1,000 Manipulate Concordance/Summation, Ringtail, IntroSpect. 100,000 Review Analyse Proprietary Review tools, Attenex, Autonomy, Dolphinsearch. 1,000,000 + Manipulate Review Out

  11. Partner Attributes • UK based data storage and processing, preferably linked to international capabilities. • Ability to cope with complex data volumes. • Dedicated project management and consultancy support. • Proven track record. Kroll Ontrack, Lexis Nexis, Millnet, nMatrix, Trilantic.

  12. In the next year…….. • EDD will happen to you. • Increased: • Exchange of electronic information. • Use of native mode. • On-line depositories. • Two tiered approach to EDD. • Ephemeral data will join the equation. • Legal debates on keywords, privilege cascades and concept searching. • Clients start looking for fixed fees from panel firms.

  13. Questions? Andrew Haslam Andrew.haslam@allvsion.co.uk 07789 435080

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