We have all seen how the interest in generative AI has taken the world by storm over the past 12 months. However, we are only just starting to see how and where these tools can be applied to legal practice. Legal has arguably tinkered around the edges with some automation tools for years, but generative […]
Read more...The NZ E-Discovery Blog Facilitating proportionate and efficient e-discovery
Blog Archives
Let’s get rid of what we don’t need !
October 19th, 2022
The greatest obstacle in most discovery exercises is the increasing data volumes, providing new and evolving challenges for all discovery matters. So much of this information will be completely irrelevant for what we are after. The challenge is how do quickly and efficiently get to the key information that we need? No one wants to […]
Read more...Getting to what really matters, quickly and cost effectively
July 19th, 2022
Sometimes we can lose sight of the true objective of the discovery process ! The objective of any discovery exercise should be to facilitate a method of getting to the most important information quickly, cost effectively and accurately – to help resolve the dispute. To achieve this, we do need to be more proactive, targeted […]
Read more...10 years is a long time in eDiscovery
December 16th, 2021
Earlier this year LinkedIn kindly notified me of 10-year anniversary! It doesn’t seem that long ago that I was reflecting on a five-year anniversary. As we near the end of another COVID impacted year, it does give me time to reflect on some of the changes in eDiscovery I have seen with eDiscovery, and how my […]
Read more...Exploring the limitations of keyword search terms
September 15th, 2021
In my last post I explored how many effective eDiscovery methods can still be those that are simple and have been used for years – as long as they are thoroughly considered. One of these methods is the use of keyword search terms. Although there can be limitations of keyword search terms. In recent times, […]
Read more...Some simple eDiscovery methods can still be effective
August 31st, 2021
We know that today’s data volumes continue to increase rapidly, providing new and evolving challenges for all discovery matters. Unless effectively undertaken the costs and burden of the discovery process can easily (and quickly) spiral out of control. However, it doesn’t always mean you need the latest software or use the most sophisticated new techniques. Many effective […]
Read more...What to look for in eDiscovery software?
June 23rd, 2021
Evaluating your eDiscovery software options every 12-24 months should be on the mind of everyone undertaking eDiscovery to ensure you are using the most suitable eDiscovery option(s) available. I think we get the why we need to re-evaluate eDiscovery software, now I think it is important to look further into what to potentially look for in choosing […]
Read more...The AI transforming the practice of law
December 9th, 2020
The experience of COVID has demonstrated the legal profession can adapt and work differently when they have to. Even though most became totally reliant on technology, traditionally though the legal profession has been slow to adopt new technologies, let alone artificial intelligence (AI). One notable exception has been the adoption and success of AI used […]
Read more...Managing New Zealand’s increasing discovery volumes
June 12th, 2019
Like the rest of the world, there are increasing eDiscovery volumes in New Zealand, requiring smarter ways to manage this information. Recently LawTalk published an article of mine – “Effectively managing New Zealand’s increasing discovery volumes”. The article highlighted how important it is to effectively manage the increasing data volumes that exist in the discovery process. Increasing […]
Read more...Looking for easy wins in your discovery approach
April 30th, 2019
It is not always the use of Technology Assisted Review (TAR), or the utilisation of other powerful technologies that will be right for you. For some it is simply looking at existing practices and seeing if there is anything that could be performed more efficiently. Some of the technology out there is fantastic, but sometimes […]
Read more...Evaluating eDiscovery software options, every 12-24 months
March 28th, 2019
Even if you are currently satisfied with your existing eDiscovery software, it is worth evaluating eDiscovery software options, to see what else is available. Find out what others are using – is it giving them an advantage over you? To ensure you are equipping yourself with the most effective tools, you should evaluate your eDiscovery […]
Read more...Embracing TAR to reduce the cost & burden of the discovery process
January 22nd, 2019
Due to increasing data volumes and the subsequent cost of managing this data require us to work smarter to find new ways that enable us to get to the most important information quickly and cost effectively. Technology Assisted Review (“TAR”) is one of these smarter ways. Needless to say it has simply become too expensive […]
Read more...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 […]
Read more...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 […]
Read more...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, […]
Read more...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 […]
Read more...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 […]
Read more...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 […]
Read more...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 […]
Read more...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 […]
Read more...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 […]
Read more...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, […]
Read more...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 […]
Read more...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 […]
Read more...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 […]
Read more...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 […]
Read more...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 […]
Read more...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 […]
Read more...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 […]
Read more...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 […]
Read more...“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 […]
Read more...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 […]
Read more...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 […]
Read more...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 […]
Read more...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 […]
Read more...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 […]
Read more...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 […]
Read more...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 […]
Read more...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. […]
Read more...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 […]
Read more...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 […]
Read more...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 […]
Read more...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 […]
Read more...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 […]
Read more...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 […]
Read more...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 […]
Read more...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 […]
Read more...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 […]
Read more...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 […]
Read more...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 […]
Read more...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 […]
Read more...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 […]
Read more...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 […]
Read more...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 […]
Read more...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 […]
Read more...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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