Q & A with Barrister and UK Procedure Expert Gordon Exall

One of the most prominent experts on procedural issues in England and Wales is undoubtedly Gordon Exall. An accomplished barrister practising at Zenith Chambers in Leeds, Gordon specialises in limitation and procedural law, along with personal injury, fatal accidents and clinical negligence. Gordon is also an accomplished author, having authored several reference works and legal texts.

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CTRL-Talk: Going Concerns with Proportionality and Seed Sets

I had the opportunity to join CTRL last week on behalf of Recommind, one of the sponsors for CTRL’s inaugural Silicon Valley event that brought together lawyers, tech professionals, and academics to discuss the ways that technology is changing the practice of law, with a particular focus on eDiscovery. While the CTRL group has a…

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Deloitte Survey Points to Increasing eDiscovery Difficulties for Government Agencies

The task of satisfying the discovery provisions from the Federal Rules of Civil Procedure (Rules) has become increasingly difficult for government agencies. Deloitte’s Eight Annual Benchmarking Study of Electronic Discovery Practices for Government Agencies – a recent survey of federal government legal professionals – appears to confirm as much. As the study indicates, a low…

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New ESI Sanctions Decision Provides Test Case for Application of the Rule 37(e) Amendments

A new decision came down last week that provides an interesting test case for the application of the soon to be enacted amendments to Federal Rule of Civil Procedure 37(e). The case – F & J Samame, Inc. v. Arco Iris Ice Cream – involves fairly standard discovery misconduct: the loss of emails and other electronically stored information (ESI) due to the use of wiping software. After drawing on the many talents of special master and eDiscovery guru Craig Ball to ferret out the discovery misconduct, renowned jurist Xavier Rodríguez imposed monetary sanctions on the defendants.

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In Large M&A, Velocity is Key to Victory

As mergers and their attendant antitrust actions are heating up, the biggest dealmakers are finding competitive advantage by filing and responding to regulators quickly. Last week, the WSJ identified a flurry of mergers and acquisitions likely to incur heightened scrutiny including ACE’s $28.3 billion acquisition of Chubb; Aetna’s $37 billion acquisition of Humana; Centene’s $6.3 billion acquisition…

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New Case Demonstrates Legal Risks with Laissez-Faire “Bring Your Own Cloud” Policies

The problems associated with “bring your own device” policies have received significant attention over the past few years. Often called “bring your own disaster” policies for the legal and security risks that they introduce into corporate environments, BYOD remains popular in many organizations. Another popular consumerization trend that continues to invite problems into enterprises across…

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The Need for Speed: Using Advanced Analytics to Satisfy New FRCP Requirements

With the latest changes to the Federal Rules of Civil Procedure on track for implementation later this year, the key issue surrounding the FRCP amendments is now whether they will actually be followed. This is no small matter. Many cognoscenti have wondered how effective the present changes will be since the 2006 eDiscovery amendments have…

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High Impact Investigations: FIFA and LIBOR

Co-author: Adam Kuhn Following an investigation that has spanned over 20 years, US authorities arrested and charged dozens of FIFA officials in a historical sports corruption matter. Meanwhile, bankers are waiting in the wings on fraud charges related to LIBOR manipulation. What do bankers and football execs have in common? In both investigations, email and…

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