Thursday, February 28, 2013

Big Data Dip -- Extracting intelligence from raw data requires planning and the right hook – predictive analytics software

An article by John Edwards appearing on the website, on the Law Technology News webpage.

The article states, "An emerging generation of big data management tools help attorneys gain control over virtually all types of data, allowing them to find information relevant to their case and determine exactly which data should be processed and reviewed."

Tuesday, February 26, 2013

DOJ Director Talks About Investigations And E-Discovery Technology

An article posted on the Metropolitan Corporate Counsel website, which consists of an interview of Allison C. Stanton, Director of E-Discovery, FOIA and Records for the Civil Division of the United States Department of Justice, taken by the Editor of Metropolitan Corp. Counsel.

The article quotes Ms. Stanton's response to a question about DOJ guidelines being provided to the private sector, and states "Over the last couple of years, the DOJ has done a lot of outreach to the legal and corporate communities through conferences like LegalTech, Masters Conference and others. I bring my own experiences from having worked in the private sector. We want to understand the communities’ perspectives as we develop our strategic philosophies and approaches.

A number of divisions at the Department have taken concrete steps. For example, my colleagues in the Antitrust Division have published discovery protocols for second requests, and they have a robust and strategic way of engaging companies. On the criminal side, criminal discovery protocols were established for matters post-indictment. In the general civil context, we’ve been working across the Department to develop standard approaches in certain cases for engaging with the other side. These approaches help ensure that at the beginning of a case, for example, everyone clearly understands what the company needs to preserve and collect.

It is important to recognize that informational needs vary across government agencies; what the SEC collects may be different from what the DOJ seeks. We try to be clear in the early stages – in a subpoena, for example – as to what the acceptable format for document preservation and collection is and what metadata fields and information a company must retain."

Monday, February 25, 2013

Rule 34 and TIFF Productions in the Clouds

An article by Josh Gilliland, Esq., posted on his Bow Tie Law Blog.

The article discusses an interesting case in which a dispute as to the form of production arose over production of images.  The plaintiff produced information that was cut and pasted from various blogs, and provided to counsel in the form of an email...which was then printed and turned over to opposing counsel as a hard copy of approximately 100 pages.

There was no specified agreement as to form of production among the parties, but the court noted that plaintiff's production was not sufficient under Rule 34.

The author provides some of his own thoughts, by stating, "...this case was not the “standard” discovery dispute of email from Outlook or Excel files, but online content. These types of cases battling over the production of online content will become the “new normal,” given the use of webmail, social media and the vast use of smartphones and tablets to create content with remote computing systems.

It is very understandable that attorneys may not know how to have this information captured after a decade of case law focused on native files, metadata or maintaining the parent-child relationship between email and attachments.

“Cloud discovery” calls for a collection expert knowledgeable in “cloud” collections, who can develop the most cost and time effective means to capture responsive discovery in a legally defensible manner. It is also entirely possible, depending on the case, that searchable PDF’s would be a reasonably useable form for a cloud discovery production."

10 Commandments for External Counsel (from an In-House Counsel)

An article by Tig Pocock appearing on the inhouse blog.  The article provides a list of 10 suggested best practices that outside counsel should follow when dealing with an in-house counsel client.

Thursday, February 21, 2013

Cybersecurity Report Spotlights Risks to U.S. Business from China

An article appearing on on the Corporate Counsel webpage, written by Sue Reisinger.  The article discusses a recent study showing cybersecurity risks that exist in the U.S. and views plans aimed to reduce such threats.

Wednesday, February 20, 2013

Judge Peck on Predictive Coding - Video Interview

An interview with Hon. Magistrate Judge Andrew Peck regarding predictive coding, conducted by Monica Bay and appearing on on the Law Technology News webpage.

Friday, February 15, 2013

Report Reveals In-House Counsel's 2013 Agenda

An article by Catherine Dunn appearing on, on the LTN webpage.

The article provides insight into the results of the "Corporate Counsel: Agenda 2013" report.  "The good news in the survey's results is that more business leaders appear to be putting the general counsel on speed dial. "

Tuesday, February 12, 2013

5 Tips to Handle E-Discovery in a Crisis

An article appearing on Law Technology News on, by Jonathan Redgrave.  The article provides consultative advice on best practices for dealing with corporate concerns related to eDiscovery issues.

IBM Completes Acquisition of StoredIQ

A press release by IBM discussing the completion of the recent acquisition of StoredIQ and the information governance technology, which provides assistance with early data assessment, and defensible deletion of data.

Monday, February 11, 2013

Framework for Building and Running a Successful eDiscovery Services, Technology and Consulting Practice for 2013 and Beyond

An article appearing on the eDiscovery Times website, authored by Charles Skamser.  The article discuses recent industry trends, and provides projections into the future as to projected changes.

Friday, February 8, 2013

Which countries are the most forward thinking? See it visualised

A post appearing on the website, by Amy Segdhi. The article provides information regarding the "Future Orientation Index", and analyzes which countries citizenry does the most searching about the future on the internet.  Where does your country rank?

Thursday, February 7, 2013

Judge James Francis on eDiscovery

Judge James Francis on E-discovery.

Appearing on, Monica Bay, of Law Technology News, interviews U.S. Magistrate Judge James Francis (SDNY) on the judge's role in electronic discovery disputes.

Wednesday, February 6, 2013

Predictive Ranking: Technology Assisted Review Designed for the Real World

A white paper shared on the website, authored by Jeremy Pickens, Senior Applied Research Scientist, Catalyst Repository Systems.  The article discusses technology assisted review, and the use of predictive ranking to help improve the efficiency and effectiveness of the attorney review process.

The EDRM shares additional white papers, in the White Paper Series, at the link below: 

Tuesday, February 5, 2013

Yet Another Warning for Law Firms That Major Change Is Afoot

Article by Sara Randazzo, AM Law Daily

Law firms that hope to succeed in the future need to embrace the shifting realities of the marketplace now, according to a new report that serves as the latest in a string of warnings that the legal sector will never return to its hey day.

Jointly produced by the Center for the Study of the Legal Profession at Georgetown University Law Center and Thomson Reuters Peer Monitor, the report draws on a variety of other studies conducted over the past year on such subjects as partner compensation, law firm composition, and demand for lawyers to paint a portrait of an industry in flux. 

Based on data culled from 135 firms in the Peer Monitor database, which tracks metrics such as demand, rates, productivity, and expenses, the report describes 2012 as "another year of only modest growth" that produced an average uptick in profits per partner of just 3.58 percent among the surveyed firms. Without breaking those firms into categories based on size or total revenue, the report notes that firms residing within the ranks of The Am Law 100 saw their profits rise just 2.45 percent in 2012, compared to the average 4 percent gain enjoyed by non-Am Law 100 firms.

The Georgetown report does not offer any conclusions about how the firms performed in terms of gross revenue last year. A recent study from Wells Fargo Private Bank's Legal Specialty Group, however, found that gross revenue rose 5 percent in 2012 among its survey of 100 firms, including more than 50 in The Am Law 100. The Wells survey found profits within that group rose 5 percent on average in 2012.

The Georgetown–Peer Monitor study also found that demand for legal services increased just 0.5 percent last year, based on the number of billable hours logged by firms that report to Peer Monitor. Labor and employment lawyers saw the biggest increase in demand, 4.1 percent, while litigators' were off slightly and corporate lawyers racked up 1.2 percent more billable hours.

The number of lawyers in U.S. firms, however, increased by 2 percent in 2012, according to the report, contributing to what the authors call an overcapacity in the market. 

Though law firms laid off thousands of lawyers during the downturn, their productivity—as measured by hours logged per lawyer—remained relatively constant between 2009 and 2012.

Billing rates rose an average of 3.4 percent in 2012, from $464 per hour to $507, compared to an average annual increase of between 6 to 8 percent prior to the recession. 

Realization rates were 82.8 percent among Am Law 100 firms and 85 percent among Second Hundred firms in 2012—figures the report describes historic lows. 

Competition is increasing among firms, meaning "the only way (short of a merger) for a firm to capture market share is to take it from another firm."

Friday, February 1, 2013

Legal Sector Loses 2,400 Jobs in January

The legal sector lost 2,400 jobs in January, according to seasonally adjusted preliminary employment data released Friday by the U.S. Bureau of Labor Statistics.

The losses effectively wiped out all the jobs the industry gained in December—a figure that Friday's report revised upward to 1,900 from an original estimate of 1,000. The latest BLS report also revised the agency's November estimate from 200 jobs lost to 1,000 jobs gained. 

Factoring in the most recent adjustments and revisions, the legal sector now employs 6,500 more people than it did at the same point last year. And though the 1.125 million people currently working in legal services jobs make the sector's workforce the biggest it's been since May 2009, the industry has still shed about 50,000 positions since its precession peak. 

Overall, though the nation's economy added 157,000 jobs in January, the unemployment rate rose slightly, from 7.8 percent to 7.9, according to Friday's BLS report. The total number of jobs the economy added in December, meanwhile, was revised upward from 155,000 jobs to 196,000.

Legal Tech Video - Craig Ball on Native Data

Certain video interviews taken at Legal Tech are being posted on  The link above is to the recorded interview of expert Craig Ball, Esq., and Monica Bay of is the moderator.  Additional videos from the Legal Tech 2013 Conference, held in New York from the 29th through 31st of January, are also available.