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

Blog Archives

Technology Assisted Review – empowering David to tackle Goliath in eDiscovery

August 7th, 2018

Technology Assisted Review (“TAR”) is often thought of as a tool primarily for large firms working with high document volumes, however TAR can be just as valuable for smaller firms that may have limited resources and budgets, as they often have to look for smarter ways to work to compete. Today’s increasing volumes of information […]

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How one lawyer used Technology Assisted Review to save their client thousands

July 31st, 2018

Technology Assisted Review (“TAR”), can be a great enabler for firms that need to be nimble and innovate to compete with large firms. A perfect example was a matter I managed for a New Zealand law firm, that helped save their client thousands of dollars. Australian litigation support provider, Law In Order has produced an […]

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Technology Assisted Review – Enabling you to Work Smarter

July 17th, 2018

Recently there have been some good commentaries on the use of Technology Assisted Review (“TAR”) in the discovery process. The first was an excellent guide to the TAR process from leading eDiscovery Consultant Terry Harrison, who is based in South Africa. The other was a case study by Australian litigation support provider Law In Order, […]

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New Zealand’s Commerce Commission and SFO invest in Relativity eDiscovery software

January 24th, 2018

The New Zealand Commerce Commission and Serious Fraud Office (SFO) have recently invested in Relativity as their preferred eDiscovery solution. About Relativity Relativity is widely regarded as one of the leading eDiscovery software solution internationally, with nearly 14,000 organisations using Relativity in over 40 countries, totaling over 165,000 users. Relativity has over 800 employees, with […]

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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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LegalTech 2017 – a New Zealand Perspective

February 3rd, 2017

This week I joined an estimated 10,000 others in the legal technology community who converged on New York for LegalTech. This was the 36th edition of LegalTech, but this year also saw the introduction of a new format with LegalTech becoming part of the larger Legalweek. The new format provided a wider focus for legal […]

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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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Why are we holding TAR to a higher account?

April 12th, 2016

It would appear that many still hold the use of TAR (technology assisted review or predictive coding) to a higher account to what they do more traditional practices. With a traditional linear discovery review, we do not have to seek judicial permission over whether it is a law clerk, junior lawyer or senior lawyer conducting […]

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Prioritising what we look at

March 30th, 2016

Put very simply the use of TAR (technology assisted review or predictive coding), can at its simplest assist legal teams prioritise what they look at. A method that allows you to get to the most important information fast, and for less money, should at the very least be considered. By prioritising what lawyers look at, […]

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Increasing the acceptance of Technology Assisted Review

March 16th, 2016

Due to the escalating time, cost and burden of the discovery process we must look to use technology more effectively to manage today’s exponential growth in volumes of information. The use of TAR (technology assisted review or predictive coding) should at least be one of the options that is considered. So what is TAR? I […]

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Do we need Judicial Permission?

February 25th, 2016

Last week, the High Court of England and Wales issued an order approving the use of predictive coding/TAR (technology assisted review). The decision in Pyrrho Investments Ltd v. MWB Property Ltd was the first in the UK approving the use of predictive coding. Even though the Pyrrho decision was a first in the UK, predictive […]

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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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There are just too many documents for us to review…

May 20th, 2015

Trying to limit discovery is important, and options like trying to establish a relevant date range and targeting who are the key individuals in the dispute will all help. However I still find parties trying to limit a discovery order, simply by arguing to the Court that there are so many documents that it will […]

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LegalTech 2015 – a New Zealand Perspective

February 17th, 2015

A couple of weeks back as many New Zealanders were still enjoying the beach I made my annual trek up to New York where all of the legal technology community converge for the annual LegalTech show. LegalTech attracts over 10,000 attendees For those that do not live and breathe eDiscovery, LegalTech is the largest legal […]

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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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Judiciary & industry experts promote proactive use of technology

July 9th, 2014

Last month I attended a roundtable discussion hosted by e.law and Nuix on Why information governance is key for eDiscovery. The roundtable was a prelude to my week long visit to Sydney which revolved around the Chilli IQ Information Governance & eDiscovery Summit (which I provided an overview of in an earlier post). I will […]

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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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Preview of the Chilli IQ 8th Information Governance & eDiscovery Summit

May 20th, 2014

Chilli IQ’s 8th Annual Information Governance & eDiscovery Summit is only a few weeks away, taking place in Sydney on the 17th and 18th of June at the Swissotel Hotel. The Chilli IQ event has long been acknowledged as the leading event on the Australian eDiscovery scene, attracting delegates from all around Australia and further […]

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Recommind raise eDiscovery expectations in New Zealand

May 13th, 2014

Leading eDiscovery firm Recommind held the New Zealand launch of their new Axcelerate 5 eDiscovery software last week in Auckland. The launch was in the form of a sit down lunch with many of New Zealand’s leading law firms present. I was invited by Recommind to present a session on how eDiscovery has evolved in […]

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Recommind head to New Zealand for Axcelerate 5 Launch Party

April 30th, 2014

Leading global eDiscovery firm Recommind is holding a launch in Auckland on the 8th of May for their new Axcelerate 5 eDiscovery software. The event is the first public demonstration of Axcelerate 5 in New Zealand. I have been invited by Recommind to address the event about how the discovery process has evolved. It will be […]

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LegalTech – World’s largest legal technology event

April 9th, 2014

With technology evolving at an alarming rate it is increasingly important to continue to develop knowledge in an area of the law where the technology and practices are constantly evolving. Recently, LawTalk published an article of mine World’s largest legal technology event (a link to the article can be found here). The article detailed my visit back in […]

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Overview of the 2nd Annual New Zealand eDiscovery Conference

March 25th, 2014

On Wednesday 19th of March, E-Discovery Consulting and EY welcomed over 100 participants from the New Zealand legal fraternity to the 2nd Annual New Zealand eDiscovery Conference. The event attracted senior lawyers, barristers, in-house legal counsel, government departments and regulators – most organisations involved in litigation were represented in some capacity. The Conference has now […]

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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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Looking back on LegalTech New York 2014

February 19th, 2014

LegalTech 2014 is over for another year and since I am now back in New Zealand (and having the chance to thaw out), I have now found the opportunity to share my observations from the latest iteration of the industry’s leading Legal Technology event. This year’s LegalTech will be remembered by the cold and the snow […]

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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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Counting down to LegalTech 2014 – a NZ perspective

January 28th, 2014

We are only a week away from LegalTech 2014, when anybody that is involved with legal technology converges on New York for the largest eDiscovery and legal technology event of the year. The show is taking place in New York from the 4th-6th of February, as always at The Hilton New York in midtown Manhattan. […]

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Reinforcing the requirements of the discovery checklist

August 29th, 2013

A discovery checklist was introduced as part of the new discovery rules that came into force in New Zealand in February 2012. Parties must now address a discovery checklist on all matters and then discuss the issues raised with the other parties to agree the scope and practical arrangements for conducting discovery. The checklist provides […]

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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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EDT to host New Zealand lunch forums

July 26th, 2013

EDT is holding a series of lunch forums next month in New Zealand. The forums are to discuss the impacts and opportunities presented by emerging technology trends and the likely ramifications of our new discovery rules.  The purpose of this event is to canvass the views regarding the needs of New Zealand law firms and […]

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NuLegal promotes the Predictive Coding message in Australia

July 24th, 2013

Australian litigation support provider NuLegal has been hosting a series of lunch seminars throughout Australia promoting Predictive Coding using Equivio Zoom. Yesterday I was fortunate to be able to attend the event they held in Brisbane. Mark de Bruyn from NuLegal and Jon Prideaux of Clayton Utz joined forces to present the seminar, focusing on a […]

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E-Discovery – Australian Style

June 21st, 2013

I spent last week in Sydney attending the 7th Chilli IQ Information Governance & eDiscovery Summit. The Chilli IQ event has become somewhat of an institution on the eDiscovery landscape ‘downunder’ as it attracts the major local players in the industry. Overview of the Chilli IQ E-Discovery Summit Like last year, I will direct those […]

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Greg O’Reilly joins Recommind to grow Asia Pacific presence

June 7th, 2013

Greg O’Reilly has joined Recommind as the Regional Manager for Asia Pacific. Greg will spearhead Recommind’s growth plans for the region with Recommind’s eDiscovery and Information Governance solutions. Recommind has been acknowledged as one of the leaders in unstructured data management, analysis and governance technology. Many in the eDiscovery industry will be aware of Recommind through its Predictive […]

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Jo Sherman to chair Chilli IQ Information Governance and E-Discovery Summit

May 29th, 2013

Jo Sherman of EDT (eDiscovery Tools) is to chair the Chilli IQ Information Governance & eDiscovery Summit, taking place in Sydney on the 12th and 13th of June at the Sheraton on the Park. Jo has been involved in the legal technology, eDiscovery and Courts space for over 20 years now. She has unique expertise […]

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Preview of the Chilli IQ Information Governance and E-Discovery Summit

May 21st, 2013

Chilli IQ’s Information Governance & eDiscovery Summit is only a few weeks away, taking place in Sydney on the 12th and 13th of June at the Sheraton on the Park. The Chilli IQ event has long been acknowledged as the leading event on the Australian eDiscovery scene. New challenges – making informed decisions The exponential […]

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Managing information electronically

April 3rd, 2013

It has now been over 12 months since the new discovery rules commenced in New Zealand, but it is apparent that many may not be realising the full potential of the rules. One observation I have found is there are a number of people that are not managing their information electronically. Many are still carrying […]

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New Zealand eDiscovery Conference – an overview

March 1st, 2013

On Wednesday 13th of February, New Zealand’s inaugural eDiscovery Conference took place at the Stamford Plaza in Auckland. The event was organised by Ernst & Young and my company E-Discovery Consulting, as we joined forces to assist in raising the awareness of eDiscovery in New Zealand. The conference was a one day event specifically designed […]

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LegalTech New York 2013 – a New Zealand perspective

February 14th, 2013

LegalTech 2013 is over for another year which gives me time to reflect on this year’s event. Since LegalTech most of my time has been dedicated to making the final arrangements for the NZ eDiscovery Conference (which concluded yesterday). Luckily I have now found some time to share my observations from the latest version of […]

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Understanding the practical impact of the High Court Discovery Rules 12 months on

January 30th, 2013

Electronic discovery in New Zealand has grown significantly over the last year and there is a clear need for an event which allows NZ practitioners to develop their knowledge of this evolving area. Ernst & Young and E-Discovery Consulting have joined forces to present the Managing eDiscovery in New Zealand Conference. The conference is taking […]

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Finding the right e-discovery software

October 29th, 2012

As published in LawTalk, issue 807, 26 October 2012 E-discovery software is becoming an essential part of any litigator’s toolkit. Deploying suitable software will be an advantage for anyone tackling discovery under the new court rules. E-discovery software has matured from the days when it was primarily designed to handle scanned documents, but this brings many […]

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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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E-Discovery software – options for small firms with small matters

September 18th, 2012

The perception that ediscovery software is expensive and only suitable for large matters could not be further from the truth. There are many options available, with some starting at only a few dollars a month. It is just a matter of finding the e-discovery software that best suits your individual requirements. Small firms with small matters want […]

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Launch of new E-Discovery CPD Seminars

August 9th, 2012

E-Discovery Consulting has launched a programme of CPD seminars on electronic discovery and legal technology. The aim of the CLE seminars is to provide all those involved in litigation the opportunity to be better prepared and informed to tackle electronic discovery. Further information about the CPD seminars can be found on here. E-Discovery requires new […]

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A week in Australian E-Discovery

June 29th, 2012

I am currently getting back to work that I had to put on hold as I visited Australia last week on an E-Discovery information gathering mission. The week involved meeting up with a number of providers and players in the ediscovery space in Australia to evaluate what was happening across the Tasman, as well as looking to […]

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Strong Judicial Presence for Chilli IQ’s E-Discovery Summit

May 29th, 2012

The Chilli IQ 6th Information Management & E-Discovery Summit is only a few weeks away and with the list of confirmed speakers and content, this year’s event promises to be a valuable experience for all those involved with E-Discovery. Looking through the conference programme there are some excellent subject matters for a number of the […]

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A Judicial Commentary on New Zealand’s New Discovery Rules

April 19th, 2012

This week His Honour Judge David Harvey has written an article which summarises New Zealand’s New Discovery Rules and also provides a practical insight of how technology can be used through the discovery process. The article called New Zealand’s New Discovery Rules and Electronic Discovery was published by the Society for Computers and Law (from the […]

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LegalTech New York 2012 – a NZ perspective

February 24th, 2012

The 2012 edition of LegalTech in New York yet again proved to be an opportunity that could not be missed for anyone in the ediscovery industry. Since it has been a couple of weeks since LegalTech (and having time to catch up on my ‘day job’), I thought I would put together a short post […]

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