InfoGovANZ

Information Governance Think Tank

eDiscovery

APAC Primer for eDiscovery published

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Setting the global standards for eDiscovery, the EDRM – Electronic Discovery Reference Model has released version 1.0 of the Primer for eDiscovery in the Asia Pacific (APAC) region. The goal of the Primer is to help foreign practitioners involved in legal proceedings in APAC to understand the different discovery requirements in each of the countries covered together with privacy issues and cross-border discovery considerations.

Susan Bennett, Project Trustee and Principal Drafter, led a global team to create a primer on eDiscovery in the APAC region. The following countries were researched and written by these drafters: Australia, Maureen Duffy; China, Jared T. Nelson and Tom Groom; India, Sandeep Jadav; Japan, Sebastian Ko and Daryl Osuch; Hong Kong, Sebastian Ko; Korea, David Kang; Malaysia, Gita Radhakrishna; New Zealand, Maureen Duffy and Andrew King; and Singapore, Gita Radhakrishna.

Originally chartered by The Sedona Conference®, EDRM has published this primer at the request of the project team and Sedona. EDRM plans to webify the content and provide pages for each country, much like the interactive state rules for the next version of the primer. Updates are very welcome for this Version 1.0, and the document is offered in its entirety for Public Comment through March 15, 2022.

Access the Primer for eDiscovery in APAC here.

LawFest 21: collaborating and networking in person again

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In late March, 280 legal professionals from across Aotearoa gathered in person in Auckland for the premier legal innovation and technology event on the New Zealand calendar. Like so many events globally, LawFest had considerable disruption and challenges from the COVID-19 pandemic to run the event in person. However, in Aotearoa we have been fortunate to be able to bring together again the legal and technology community to celebrate, collaborate, network and learn about legal innovation – and all in person. The last year has reinforced why we need to innovate and leverage technology – LawFest 21 demonstrated how we can go about this! The event was once again a must for anyone interested in driving efficiency in their organisation.   The key highlights The one-day event was a great opportunity to hear from leaders and change makers in the innovation space. The programme provided something for everyone, from those […]
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Legalweek NYC 2020 – The Down Under Perspective

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Legalweek 2020 brought together thousands of legal professionals to discuss business, regulatory, technology and talent drivers impacting the industry. The week featured workshop boot camps, conferences, networking events and hundreds of technology exhibitors on the tradeshow floor.  There are three main conferences: Legaltech (the world’s longest running legal technology trade show), LegalCIO, and Legal Business Strategy.   Around the main conferences there are many other events, a few of these are highlighted below.  The following week The Sedona Conference’s International Working Group 6 annual program focusing on cross-border discovery and data privacy was held at the New York Law School. AI and Privacy This year’s Legalweek in New York City was dominated by the themes of AI, new and developing technologies and privacy.  The impact of privacy regulations, particularly the GDPR and the California Consumer Privacy Act (CCPA) is driving up compliance costs and also the cost of discovery in legal […]
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Social Media Perils in Litigation – InfoGovANZ

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In this InfoGovANZ event, the implications and dangers of the widespread use of social media and apps were highlighted in their evidential value in investigations and litigation.  The importance of technical and forensic expertise in the discovery process was demonstrated by reference to particular cases and technology tools by Brett Webber, Principal, ConsilAD and Matthew Golab, Director of Legal Informatics and R&D at Gilbert + Tobin.  Susan Bennett, Executive Director InfoGovANZ and Principal, Sibenco Legal & Advisory discussed the duties of technology competence and confidentiality, which extends to cybersecurity to protect client information and the implications of a recent High Court decision.   Social Media Perils As Michael Tieu, posted on LinkedIn following the event, ‘[i]t was truly astounding to see how important it is to be wary of who, what, when and where you post on social media. Once the genie is out of the bottle, it's nearly impossible to […]
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How eDiscovery is managing the challenge of what constitutes Personal Information

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  The terms Personal Information or Personal Data have been increasing in usage for a while, and with the recent focus on the European GDPR, and the Australian NDB (Notifiable Data Breaches).  This article considers these definitions from the perspective of document production in litigation and regulatory investigations – the process of eDiscovery. In eDiscovery we are used to redacting sensitive information – most typically legally privileged or commercially sensitive information.  However, prior to the commencement of the Royal Commission into the Financial Services Industry (FSRC) the volume of documents requiring redaction was fairly modest in most matters. This certainly changed with the FSRC, as all documents that are tendered at a public hearing are required to have contact information and customer names redacted. This has resulted in significant efforts in reviewing all documents that are going to be tendered to ensure that the documents have been adequately redacted. What […]
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AI and the Law – the future is here

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Artificial intelligence (AI) is already making significant inroads to the practice of law and producing efficiencies and cost savings.  This article looks at how AI is being utilised in different parts of legal practice and the transformation of legal practice that is already underway in the delivery of legal services from litigation through to contract management and Chatbots. Litigation & eDiscovery The production of documents has traditionally been a very expensive part of the litigation process.  The development of eDiscovery software tools to identify, retrieve, process, filter and search provides significant costs savings in the litigation process.  These cost savings are even more significant with latest software tools and right expertise are utilised.  The latest developments in the eDiscovery industry include the use of AI technology. Early forms of AI were built into the globally dominant eDiscovery platforms.  For the past 10 years these platforms enabled document clustering and concept […]
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The Governance of Things – eDiscovery in Australia and New Zealand

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eDiscovery is the production of relevant documents that parties to litigation or an inquiry are required to produce to either a Court, Royal Commission, Commission of Inquiry or to a government regulator. The eDiscovery industry is a global industry reflecting the enormous growth in information and the specialised technology which has developed to meet that challenge. While eDiscovery is a specialist area of legal technology the challenge of document production extends well beyond in-house legal departments and requires the assistance of IT departments and records management. Download Now
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The Governance of Things – Increasing Acceptance of Technology Assisted Review

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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. The use of technologies like TAR assists parties in litigation to meet the requirements ‘of a just, efficient and cost-effective resolution of the dispute’ by reducing the time and cost involved in large scale document production during the discovery process. Download Now
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