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15 September 2011 / Deborah Blaxell
Issue: 7481 / Categories: Features , E-disclosure , Profession
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Do the right thing

Deborah Blaxell highlights the importance of making the correct e-disclosure technology choices

Electronic disclosure plays a critical role in today’s legal environment. It is therefore important for those involved in e-disclosure exercises to be able to make informed choices regarding the various e-disclosure strategies, tools and techniques available to assist in sifting through the volumes of electronically stored information (ESI).

Practice Direction 31B

In the UK, Practice Direction 31B was introduced in October 2010 to provide a framework within which litigants can apply strategies to keep the costs of disclosure in litigation at a proportionate level, whilst ensuring that the relevant information is preserved at an early stage and disclosed as required. In recent years, there has also been a dramatic increase in the number of regulatory investigations commenced against companies in various jurisdictions, on occasion as a result of concerted action by numerous regulatory bodies.

Every case is different, involving differing sets and volumes of data, numbers of custodians, budgets, jurisdictions, and technical and legal considerations. Clients’ requirements vary from

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NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
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