‘Original Journal Research’ Archive



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  • An Interview with The Honorable Andrew J. Peck – Part One

    The Honorable Andrew J. Peck, United States Magistrate Judge for the Southern District of New York, graciously allowed me to interview him after the LTNY Man vs. Machine:  The Promise/Challenge of Predictive Coding & Other Disruptive Technologies session in which he participated as a panelist.  Judge Peck shared the panel with industry luminaries Maura Grossman and Ralph Losey, and moderator Dean Gonsowski.   Overall, the session was excellent – very educational, and well organized. When I reached out to Judge Peck last week to request the interview, my intention was to write a review of the session.  I prepared questions and took fast and furious notes during the session.  However, between the time the session was over and the time we sat down for a bite to eat and proceed with the interview, I realized that a session review is not [...]



  • IT’S A WRAP!!! LTNY 2012 is in the books.

    Whew!!  I’m sitting down for the first time in hours…I have a glass of cabernet sitting in front of me next to a significant stack of business cards and marketing materials.  The whirlwind known as LegalTech NY is over and it’s time to decompress and absorb all of the information that I’ve taken in over the past 72 hours.  I tried to get a post out last night (Tuesday), but someone forgot to wash their hands and I caught something that wiped me out for most of night (I think next year, I’m going to wear a surgical mask and rubber gloves or bring a case of Purell).  The sad thing is that I missed some great Tuesday evening events, but our readers can fill in the gap in the comments section. Let’s first talk about the show itself.  It [...]



  • Re-Discover LTNY 2012 – Name that Booth

    In case you could not make THE legal technology conference, LTNY 2012, I thought that I would bring the show to life for you. The eDJ Group’s day kicked off far too early with our eDJ Peer Group breakfast, but we had good attendance and great participation in the open discussion. The team then dove into analyst/press briefings on many (but not all) of the new product releases, which we will boil down for you in the days following the show. I decided to try to abandon my laptop and Moleskine notebook this time. I tried out every iPad note taking app I could pay for that promised to accurately recognize my sanscrit scrawl and render it into searchable text. Utter failure. For those of you from the early EDD days, remember the first generation of OCR programs and wince. That’s about how bad they are. To make it worse, I became obsessed with ditching the ever-present backpack or LTNY trash bag. So I actually shopped for an iPad ‘holster’ and bought an STM sleeve that promised to provide easy, safe storage without the ever present shoulder strap. However, my fashion faux-paux was quickly spotted by my kind team-mates who reminded me that I was wearing a geek man-purse.



  • Barry Murphy Of eDJ Group Wraps Up LTNY Day 1

    The first day of LegalTech NY 2012 was a whirlwind, to say the least.  The day began very early with a breakfast kick-off meeting for the eDJ Peer Group.  It was great to hear actual eDiscovery professionals – those who are on the ground dealing with the day-to-day issues – talk about the topics they would like to see eDJ’s research address.  Among the leading topics:  document retention and disposal; cloud security; legal review cost reduction; predictive coding; and more targeted collections. The general feeling at the Peer Group meeting is that companies are beginning to address broader information governance (IG) foundations upon which to build out more efficient eDiscovery processes.  Over the last 4-5 years, companies purchased point solutions as band aids, but now want a more permanent solution.  I got the sense that these folks were willing to [...]



  • LegalTech NY Week Kicks Off

    The LegalTech NY is gearing up for an excellent week of networking and education.  I already grabbed my lamb and rice dish from the street vendor around the corner and am ready for a full week of eDiscovery fun. My week kicked off with a great chat with Chris Dale before heading out to an impressive event put on by Nuix and The Cowen Group (TCG) at Del Posto.  The Nuix/TCG dinner was one of the best organized LTNY events I’ve been to in awhile. They loaded us in the bus at the Hilton for a ride to the restaurant where we were served delicious wine and hors d’oeuvres.  There were many eDiscovery luminaries at the event (way too many to name and I don’t want to leave anyone out so I won’t try to list them) and there were [...]



  • eDiscovery’s Unexpected Loss: Ursula Talley

    As most of us are getting ready to brave the cold and crowds of LTNY 2012, I received sad news that Ursula Talley passed away last night while fighting recently diagnosed cancer. As the VP of Marketing for StoredIQ, Ursula was the outward face of StoredIQ and a key player in the platform’s evolution since 2007. I always enjoyed working with Ursula, first as a Symantec business partner during my Product Manager days and then later as an analyst client. I last visited with Ursula at her October StoredIQ Industry Advisory Board and was lucky enough to get there early for a talk before round table kicked off. She will be missed and I encourage everyone who knew her to raise a glass to her memory and to appreciate the relationship opportunities that our business and life presents us.



  • It’s Off To LegalTech We Go

    The eDiscovery year tends to begin with a bang at the LegalTech Conference in New York (LTNY). LTNY 2011 promoted some pragmatic ideas such as managing eDiscovery as a process and taking control of Information Governance (IG), while also hinting at forthcoming heat around “the Cloud” and predictive coding. If my pre-briefings from vendors this week are any indication, LTNY 2012 will feature similar issues, albeit flavored a bit differently to taste.



  • Walking the Lines of Transparency and Attorney-Client Privilege for ESI – An Interview with Sarah Jane Gillett, Partner at Hall Estill

    In the highly litigious oil and gas industry, outside counsel must ensure that they have conducted adequate due diligence in managing and producing electronic evidence.  The line of transparency and privilege is a difficult one to walk. In part one of this two-part interview, Sarah Jane Gillett, Partner at Hall Estill, gives an overview of the increased responsibility to preserve and subsequently produce relevant documents in various forms, and some insights into what exactly is protected by attorney-client privilege: AS: Can you give a brief overview of the increased responsibility to preserve and subsequently produce relevant documents in various forms? Sarah Jane Gillett:   There is no question that counsel today must be cognizant of the responsibility to identify and potentially collect various forms of evidence at an extremely early stage of any litigation or investigation.  While the Federal Rules of [...]



  • Welcome the Newest eDiscoveryJournal Contributors

    I have spoken to many of our readers over the past several months and have received a great deal of feedback about the eDiscoveryJournal.  The readers appreciate the perspectives of  Greg, Barry, Mikki and I…and they want more.  Because eDJ analysts are working analysts – out in the field experiencing the real thing, we thought the best way to keep the content coming is to add some other independent perspectives.  With that in mind, I started a campaign to find new contributors to the eDiscoveryJournal site.  Today I’m proud to announce our newest group of contributors. Greg Harris has worked in eDiscovery and Computer Forensics for over four years and in the Information Security field for more than eight years.  In his current role, Greg works in the eDiscovery and Investigations department for a large corporation in Alpharetta, Georgia.  His duties span [...]



  • Unexpected Challenges of Enterprise Remote Collection

    The astronomical growth in corporate data has driven the practice of eDiscovery away from just the forensic imaging of physical hard drives. The first systems for remote collection of email containers, Office files and other ESI from desktops, laptops and servers appeared in the 2004-2006 time period. I might have been one of the earliest beta testers for Guidance’s Encase Enterprise platform when I was managing the litigation technology for El Paso Corporation back then. Since then, the market has seen a wide variety of new appliances, just-in-time apps and other remote collection technologies. Most appear to promise a ‘push button’ automated collection by IT or Legal with minimal or no impact to working users. Legal sets the scope (date ranges, file types, names or search terms), and the system does all the work in the background. I just wish that it was that easy in the wild west of real world enterprise environments.