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Discovery United Kingdom

EDRM - Electronic Discovery Reference Model

General Data Protection Regulation Guidelines

Parties that have possession, custody, or control of evidence potentially relevant to U.S. litigation or investigations are typically required to identify, collect, preserve, and produce such evidence (with limited...more

A&O Shearman

Overcoming eDiscovery-Related Chat Data Challenges Part 5 review and disclosure

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In this fifth and final post in our blog series addressing challenges related to the discovery of chat data, our eDiscovery experts continue providing practical advice for businesses when encountering chat data in...more

BCLP

Disputes in Focus: Quick Q&A on Legal Privilege in Group Litigation

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Legal professional privilege is a key issue in any litigation or investigation and each year the courts determine many disputes over its application. It can become less straightforward to manage and protect in multi-party or...more

A&O Shearman

Overcoming eDiscovery-related chat data challenges: Part 2 - prior to an investigation

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This post provides some tips from eDiscovery experts on what to consider ahead of any investigation commencing. Consider ease of compliance when procuring chat software The pandemic accelerated the adoption of chat and...more

CloudNine

Key Takeaways on eDiscovery/eDisclosure, Info Governance and Collaboration from The Master’s Conference in London

CloudNine on

Exceeding Corporate Client Expectations - The first session of the conference, moderated by Richard Clark from CloudNine, focused on introducing new ways of deepening the relationship between corporate in-house and outside...more

Jones Day

Fraud, Electronic Data Sources and Claims to Privilege in the United Kingdom—Lessons From Brian Glasgow v David Ames

Jones Day on

In Short - The Situation: Insolvency officeholders increasingly find their investigations into a company's affairs frustrated by the comingling of records on a "group" server. Claims to privilege by other group entities (or...more

Reveal

Disclosure Pilot Scheme (DPS): How Litigants Should Respond to the Latest Changes [Guide]

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Legal systems around the world come in all shapes and sizes, but few can escape the global increase in the volume and sources of electronic data and the impact it has on eDiscovery. In the United Kingdom, increasing...more

Reveal

Conducting Internal Investigations in the US vs. the UK: key differences & best practices

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These days, companies are investing more effort in conducting thorough internal investigations to root out and resolve issues of misconduct and prevent their recurrence. There are many factors behind this trend. With the rise...more

Latham & Watkins LLP

UK High Court Ruling in Competition Claim Highlights Consequences of Disclosure Failures

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The ruling is also a reminder of the circumstances in which the court may order indemnity costs for such failures. On 29 July 2022, the UK High Court ruled in Cabo Concepts Limited v. MGA Entertainment (UK) Limited that...more

Hogan Lovells

English court disclosure pilot made permanent

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From 1 October 2022, the disclosure pilot in the Business and Property Courts will become a permanent part of the court rules as Practice Direction 57AD. The Practice Direction will apply to all existing and new proceedings...more

Planet Depos, LLC

Depositions in the United Kingdom Post-Covid

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The U.K. re-opened earlier this year, leaving very few Covid-19 restrictions still in place. What does this mean for U.S. attorneys and their U.K. depositions?...more

EDRM - Electronic Discovery Reference Model

An In-Depth Look at the 2022 eDisclosure Systems Buyers Guide, Part 2

Purchasing Resources- When I said last time that the first 70+ pages is mostly dedicated to educational resources, that includes resources on the market, a procurement approach that can be used to select vendors and...more

Reveal

Machine Learning and AI Use in the UK for eDisclosure

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I recently recognized the 10-year anniversary of now retired New York Magistrate Judge Andrew J. Peck issued the ruling in the Da Silva Moore case that was the first court approval of predictive coding in the US (or anywhere...more

A&O Shearman

High Court holds no litigation privilege where expert used as “ballast in the correspondence”

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Expert advice on the pricing of forward freight agreements, used to “make good any legitimate grievance” and “add ballast” in correspondence concerning alleged corporate mismanagement, was not covered by litigation privilege...more

Epiq

What Practitioners in England and Wales Must Know

Epiq on

It has been three years since the disclosure pilot scheme for business and property cases emerged in England and Wales. After several rounds of feedback from practitioners, updates have been made to certain disclosure...more

Morgan Lewis

Latest Changes to Disclosure Pilot Scheme in the Business and Property Courts of England and Wales

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Over the last 18 months, the Business and Property Courts of England and Wales have been running the Disclosure Pilot Scheme. Since its inception, this scheme has undergone a series of tweaks and amendments and the latest...more

Orrick, Herrington & Sutcliffe LLP

Scanning the Class and Collective Action Horizon

While group litigation and collective actions have traditionally been more difficult to pursue in the UK than in the U.S., changes to UK civil procedure rules and societal attitudes towards group ligation means that these...more

Latham & Watkins LLP

Watch What You Write: Communications on Personal Devices Could Be Disclosable in Litigation

Latham & Watkins LLP on

The location of the data is not sufficient to avoid a disclosure order. When it comes to personal devices, people increasingly communicate across multiple platforms, often in an informal and unguarded manner. ...more

Proskauer Rose LLP

UK Tax Round Up - September 2021

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In Fashion on the Block Limited v HMRC, the First-tier Tribunal (FTT) has allowed the taxpayer’s appeal against HMRC’s decision not to allow the taxpayer company to issue seed enterprise investment scheme (SEIS) certificates...more

BCLP

High Court upholds privilege claim, despite “deceptive” litigation tactics

BCLP on

A recent High Court appeal decision in Ahuja Investments Limited v (1) Victorygame Limited and (2) Surjit Singh Pandher has permitted a creative, yet deceptive, litigation strategy by a claimant seeking to withhold...more

King & Spalding

U.S. Supreme Court Will Rule on Whether Section 1782 Discovery is Available for Use in Private Foreign Commercial Arbitrations

King & Spalding on

In a highly anticipated decision, the U.S. Supreme Court has granted certiorari in Servotronics, Inc. v. Rolls-Royce PLC, et al. and agreed to address the question of whether federal courts may authorize discovery pursuant to...more

TransPerfect Legal

Leveraging Technology to Manage Big Data in Antitrust

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On 27 January, 2021, TransPerfect Legal Solutions (TLS) held the second day of the inaugural EU/UK Competition Regulation Virtual Conference. Day one focused on the changing regulatory landscape. Day two turned to the advent...more

Latham & Watkins LLP

English Court Increasingly Willing To Order Disclosure From Third-Party Devices

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Two recent English cases illustrate the court’s receptiveness to disclosure orders in relation to informal communications on personal devices. In two recent decisions, the English Court has demonstrated a pragmatic and...more

Latham & Watkins LLP

SFO’s International Investigatory Powers Curbed in Supreme Court Ruling

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Landmark decision holds that the SFO does not have the power to procure documents from foreign companies outside the jurisdiction. On 5 February 2021, the UK Supreme Court handed down a highly significant judgment in R...more

Association of Certified E-Discovery...

[Webinar] What Happened? The Major Talking Points in UK E-Discovery Throughout 2020 - December 3rd, 2:30 pm - 3:30 pm GMT

What impact has COVID caused? How has the massive exodus from offices to remote working disrupted practices? How have regulatory decisions and increased technology usage started to shape the e-discovery market? Will...more

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