The NZ E-Discovery Blog  Facilitating proportionate and efficient e-discovery

Blog Archives

Substantiating your proportionality argument

October 26th, 2017

The claim of “proportionality” is too often used as justification to shy away from potential discovery obligations. The following can frequently be used to justify this –   There are far too many documents The cost is not proportionate We can just claim proportionality to the court The discovery rules are on our side here […]

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I still haven’t found what I am searching for…

April 6th, 2017

Keyword searching is a very common method used in litigation or investigations to target potentially relevant information, but it is easy to get it completely wrong. A recent article of mine published in LawTalk I still haven’t found what I am searching for, highlighted how keyword search terms will not find what you are looking […]

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Increasing Acceptance of Technology Assisted Review

March 28th, 2017

In December 2016, the Supreme Court of Victoria endorsed the use of Technology Assisted Review (TAR) in the eDiscovery process in the case of McConnell Dowell Constructors v Santam. This was the first time TAR had been approved for use in litigation in an Australian Court. My article in the latest Information Governance ANZ newsletter, explored TAR […]

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When to consider using Technology Assisted Review?

April 19th, 2016

When considering the use of TAR (technology assisted review or predictive coding), too often the question centres on the volumes involved in the matter. Even though the volumes will be a significant factor, other considerations that may also impact are the time frames that you have, together with the resources that you have at your […]

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Improving the application of keyword search terms

September 16th, 2015

Like it or not, keyword searching is still a very common method used in litigation or investigations to target potentially relevant information. For many lawyers the use of search terms is an approach that they are familiar and comfortable with. It is not hard to see why keywords are so comfortable, as we all use […]

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Getting rid of what you don’t want

July 22nd, 2015

It goes without saying that all discovery exercises now involve greater volumes of information than ever before. One of the consequences of this can be the problems with the considerable increase in the amount of irrelevant information there now is. It is also widely acknowledged that the review exercise in the eDiscovery process equates for about […]

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Managing eDiscovery more efficiently

January 7th, 2015

The exponential growth in the sources and volumes of electronic information is making the discovery process more challenging. There is a greater intersection between the law and technology with eDiscovery an unavoidable part of any litigation or investigation. For some eDiscovery has simply meant turning documents into an electronic format. Managing electronic information in the […]

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EDT promote a fresh approach to eDiscovery

July 29th, 2014

Last week I facilitated the EDT lunch forum in Auckland that also launched their New Zealand eDiscovery hosting services. There was an excellent turnout with a mix of law firms, regulators and the presence of New Zealand’s leading technology Judge – His Honour Judge Harvey. Like the lunch forums EDT ran last year, this year […]

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“Kangaroos don’t move backwards” – Chilli IQ eDiscovery Summit overview

June 25th, 2014

Last week in Sydney I attended the Chilli IQ 8th Annual Information Governance & eDiscovery Summit. The 2014 Summit gathered together some of the world’s leading experts in the field over two days to discuss and debate what is happening with Information Governance and eDiscovery. The event continues to evolve each year, with the level of […]

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A New Zealand Predictive Coding success story

February 20th, 2014

Australian litigation Support provider Law in Order recently published a case study about how Predictive Coding, using kCura’s Relativity Assisted Review was successfully used on a large New Zealand litigation.  The Law In Order case study can be found here. The matter in the case study was one where I was engaged by the global corporate client […]

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Predictive Coding – facilitating a proportionate eDiscovery process

February 14th, 2014

Practicing law today has simply become too expensive to ‘eye ball’ every document. We need new practices to respond to these challenges to enable lawyers to get to the key documents quickly and cost effectively. The rapid growth of electronic information is substantially increasing the cost of litigation and at the same time brings greater […]

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EDT lunch forums promote best practices and raises awareness

August 13th, 2013

Legal software provider EDT hosted a series of lunch forums last week in New Zealand to discuss issues and trends relating to eDiscovery and legal technology and help raise the awareness in the industry. Forums were held in Auckland, Wellington and Christchurch with invited guests from the industry, including representatives from law firms, corporations, regulators […]

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Keyword searching – is there a better option?

October 4th, 2012

Over the last few years there has been a lot written about the (in)effectiveness of keyword searching as an approach to targeting important information. Many have focussed on the problems of keywords to justify the need to move toward more sophisticated approaches like Predictive Coding. Last week, the NZ Lawyer magazine published an article of […]

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A day in the life of an E-Discovery Consultant

July 11th, 2012

As published in LawTalk, issue 799, 6 July 2012 Over recent years there has been an exponential growth in both the volume and sources of electronic information. Nearly all information now originates in electronic form. This has complicated the discovery process as it has created many new challenges for lawyers. Managing electronic information in the […]

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