Category Archives: Uncategorized

My Prediction for 2014: E-Discovery is Dead — Long Live Discovery!

Big Dog

The big dog today is electronic discovery.

There has been debate lately about the proper spelling of the shorthand version for electronic discovery. Is it E-Discovery or e-discovery or Ediscovery or eDiscovery? Our friends at DSIcovery recently posted on that topic and it got me thinking.

The industry seems to be of differing minds. Several of the leading legal and business publications use e-discovery, as do we. They include Law Technology News, the other ALM publications, the Wall Street Journal (see here, for example), the ABA Journal (example), Information Week (example) and Law360 (example).

Also using e-discovery are industry analysts such as Gartner and 451 Research.

A number of vendors favor the non-hyphenated versions Continue reading

Are Subject Matter Experts Really Required for TAR Training? (A Follow-Up on TAR 2.0 Experts vs. Review Teams)

I recently wrote an article challenging the belief that subject matter experts (SMEs) are required for training the system in technology-assisted review. (See: Subject Matter Experts: What Role Should They Play in TAR 2.0 Training?) This view, held by almost everyone involved with TAR, stems from the common-sense notion that consistency and, ultimately, correctness are critical to a successful ranking process. Indeed, Ralph Losey made that case eloquently in his blog post: “Less Is More: When it comes to predictive coding training, the ‘fewer reviewers the better’ – Part One.” He argues that one SME is the “gold standard” for the job. Continue reading

Technology, Not Rules Changes, Is Answer to E-Discovery Costs, Arthur Miller Tells Senate Panel

Miller Testimony

Arthur Miller testifying this week.

In a post here last April, we discussed proposed changes to the Federal Rules of Civil Procedure designed to enhance cooperation and proportionality and to standardize sanctions. A preliminary draft of those rule changes has now been posted for public comment, with the commend period closing on Feb. 15. Before they could take effect, the rules would have to be approved by the Judicial Conference’s Standing Committee on Rules of Practice and Procedure, the Judicial Conference, and the Supreme Court. If the rules make it through all those hurdles, then they would take effect unless Congress acts to reject or modify them. Given how far the process still has to go, it was notable that a subcommittee Continue reading

Pictures from the Opening Reception for Catalyst’s New Korea Office

Catalyst celebrated the opening of its new Korea office with a reception Oct. 24 at the Seoul Palace Hotel. The reception was attended by some two dozen industry professionals, including attorneys and Catalyst vendor partners. Catalyst staff members pictured below are John Tredennick, founder and CEO; David M. Sannar, vice president of international development for the Asia region; Youngsoo Park, director of the Korea office; and Sohyeon Kim, a staff member in the Korea office.

(Click any image for a larger view.)

Conference Will Focus on Innovation in E-Discovery and Legal IT

Here is a conference worth considering: The first-ever Innovate Conference brings together a who’s who of speakers to explore various aspects of technology and the law, including e-discovery, information security, privacy and social media. The two-day conference, which will be held Oct. 17 and 18 in Winter Park, Fla., is presented by IT-Lex, a not-for profit organization committed to bridging the gap between technology and the law. Continue reading

FINRA Proposes E-Discovery Changes to its Discovery Guide for Customer Cases

The Financial Industry Regulatory Authority — better known as FINRA — has proposed changes to its Discovery Guide for customer cases that are designed to provide parties and arbitrators with greater guidance for handling e-discovery in securities arbitrations. The changes must be approved by the U.S. Securities and Exchange Commission.

The proposed amendments would encourage parties to discuss the form in which they intend to produce documents and, whenever possible, to agree to the form of production. The changes would require parties to produce electronic files in a “reasonably usable format,” which is defined to mean “the format in which a party ordinarily maintains a document, or to a converted format that does not make it more difficult or burdensome for the requesting Continue reading

John Tredennick’s Bryan University E-Discovery Class Commencement Address

[On June 19, Catalyst founder and CEO John Tredennick delivered the commencement address to the E-Discovery Project Management graduating class of Bryan University. William F. Hamilton, dean of Bryan's Department of E-Discovery and partner with Quarles & Brady, introduced the address. Following is the text of John's address.]

Thank you Bill [Hamilton] for your kind words. It was an honor to be a part of your curriculum over the past year and it was a lot of fun. You have a great program going here and I am proud to have been included. Continue reading

Listen to Interview with Catalyst CTO Larry Barela on E-Discovery in the Cloud

Larry Barela

This week, lawyer and writer Ari Kaplan interviewed Larry Barela, chief technology officer at Catalyst, about e-discovery in the cloud. They discussed Insight, Catalyst’s cloud-based e-discovery platform, and how it differs from other available platforms.

Larry talks about the advantages of a single dynamic XML back-end and the benefits of cloud-based software. He also address concerns about the security of cloud-based computing and offers his predictions for the continued operation of e-discovery functions in the cloud.

You can listen to the interview here: A Catalyst for Reinventing the Cloud.