Articles & Whitepapers


Challenges in Searching Multilingual Data Sets in Global Investigations

Challenges in Searching Multilingual Data Sets in Global Investigations Global businesses speak many languages. While conducting business in multiple languages is necessary and inevitable, it also creates grave business risks as some of the [...]


Entering a New Era for the Management of Legal Processes in the German Legal Market: Technically Sophisticated and Based on Division of Labour

Entering a New Era for the Management of Legal Processes in the German Legal Market: Technically Sophisticated and Based on Division of Labour [This document is a convenience translation of the original German article: “Die [...]


6th Annual Law Department Benchmarking Report

Law Department Benchmarking Report Your comprehensive source for practices, metrics, and trends driving law department operations. 119 Companies | $2.3 Trillion in Revenue | $4.3 Billion in Legal Spend |5,900+ In-House Attorneys [...]

GC Focus: Contract Management System vs. Document Management System: Which Technology Is Right for Your Law Department?

So you want to better manage your organization’s contracts and are ready to invest in technology to support those efforts. But what kind of technology do you need? Is a contract lifecycle management (CLM) system [...]

GC Focus: Contract Analytics – What Can They Do for You?

Organizations are looking to improve their contract management, both with respect to existing agreements and contract creation for new agreements and templates. Many organizations’ contracts are not centralized and largely unmanaged, leading to unmonitored risks [...]

GC Focus: How Does Your Outside Counsel Manage Your Litigation?

Of course you don’t want to micromanage how your outside counsel handles your organization’s litigation – after all, you hired them for their expertise – but if you’re paying by the hour, you do want [...]

GC Focus: Predicting the Future of Legal Analytics

It is pretty clear that legal analytics are here to stay in law department management, and the ways analytics can be used are likely to increase. According to the results of a survey recently released [...]

GC Focus: Aligning the Law Department with the Corporate Vision

As organizations grow or the competitive landscape shifts, the corporate vision can evolve. Unfortunately, there is often a disconnection between a corporation’s new vision and the law department’s support of that vision. Law departments may [...]

GC Focus: Where Are Your Priorities?

Our last issue discussed transforming the law department in order to align it with the corporate vision. This issue focuses on a critical aspect of that transformation – prioritizing the department’s work. Ideally, the law [...]


GC Focus: Could It Be Magic?

For information governance professionals, last week the hottest spot north of Havana was ARMA’s 60th Annual Conference and Expo in Washington, DC. Over 1,700 gathered to network, explore cutting-edge technology, and learn information governance best practices [...]


GC Focus: Surviving in a World Without Safe Harbor

The situation related to Safe Harbor, the framework that previously enabled transfers of data between the E.U. and U.S., continues to evolve. As most know by now, a month earlier, on October 6, 2015, the European [...]

Eye on Discovery: It’s Not Such a Small E-Discovery World After All

A global economy brings with it global litigation—and global e-discovery. Regulatory investigations involving global data are also on the rise, with growing enforcement of the Foreign Corrupt Practices Act and other laws such as the [...]

Eye on Discovery: How to Avoid Hart (-Scott-Rodino) Burn With Second Requests

Since the Federal Trade Commission (FTC) last revisited its merger review process back in 2006, many new tools have emerged on the e-discovery scene. These changes are one of the main reasons the FTC published [...]


Eye On Discovery: The Eight Commandments of Data Preservation

Since the addition of the e-discovery amendments to the Federal Rules of Civil Procedure in 2006, sanctions for spoliation have risen markedly. This trend seems unlikely to wane now that the 2015 amendments to Rule [...]

Electronic Discovery: Subject Access

In this month's Lawyer Monthly, Consilio Managing Director Drew Macaulay discusses the challenges associated with Subject Access Requests and how an experienced eDiscovery partner can help navigate them.

Risk Modelling & Antitrust Risk Assessment in Light of UK Cartel Enforcement Policy

Consilio's Ben Rusch delves into the complex topics of Risk Modelling & Antitrust Risk Assessment in this article that he penned for the Competition Law Journal.

What’s in a password?

Documents are increasingly requiring more complex protection of passwords.  However, if there is a need for a regulatory investigation, the process of automating the decryption of locked documents can quickly become unmanageable.

Decoding Encrypted Documents in Cross-Border eDiscovery

Successfully managing encrypted data depends on the processes and technology used. With the right know-how and technology, it is possible to properly collect and decrypt data and proceed with its review. In this article, Consilio's [...]

eDiscovery comment: Establishing Effective Cost Controls in Litigation & Regulatory Investigations

The continuing and rapid increase in the volumes of electronic documents generated and stored by companies means the issue of elevated costs is not going away. The only solution is to devote precious time and [...]

It’s a Small World After All – Best Practices for Conducting Cross-Border eDiscovery

Every day, the world grows smaller as companies stretch their operations around the globe. As businesses cross international borders, so does their data. Even for organizations with a smaller global footprint, the advent of technologies such as [...]

Multilingual Review in the eDiscovery Process

Legal technology tools such as concept clustering and predictive coding can help reduce the amount of data that needs to be reviewed during discovery, thus reducing reviewer costs. Consilio's Jon Shaman & Mathieu van Ravenstein [...]

How to Overcome the Challenges of Cross-Border eDiscovery

When eDiscovery involves data from more than one country, it adds layers of complexity to an already complicated process. In this article, Jon Shaman discusses some of the many challenges counsel must overcome.

Cracking the Code – how to handle encrypted data

Image a hard disk today and it might well be unreadable, due not to inept removal or preservation but to encryption. Jonathan Fowler of Consilio unlocks the options for investigators.

Evidence that Speaks Volumes: Best Practices for Collection, Preservation and Review of Audio Recordings

Audio evidence is powerful. Because a person's vocal tone, pace and inflection speak volumes, voice recordings often provide the most candid — and therefore damaging — evidence in a matter.

Growing Popularity of Chat Apps Means Revising Information Governance, Security Plans

As chat apps overtake SMS text messaging as the mobile messaging method of choice, what dangers does this hold for information governance and security? Consilio's Jon Fowler discusses this matter.

Head in the Cloud

Robert Brown examines the implications for eDisclosure when a company's data has moved into cyberspace.

Encryption is Everywhere: A Practical Look at Steps to Consider

Jon Fowler discusses data encryption and the problems it can potentially create for the eDiscovery process, as well as several techniques to approach decryption.

A Disruptive Technology

Olivier Aelterman discusses how the changes to the Civil Procedure Rules, growing client awareness and a cost-sensitive economic environment are driving rapid improvements in eDisclosure technology.

Boom Goes the Dynamite- What U.S. Companies Need to Know About the “Big Bang” in England and Wales Civil Procedure

Michael Flanagan discusses the impact of Civil Procedure Rule 31.5A on the eDiscovery process in the U.S.

The British (reforms) are coming: What US companies need to know about the new Civil Procedure Rule 31.5A

Adam Pollitt discusses the Jackson Reforms and the “keys to success under the new rule”.

Cost in Translation

Drew Macaulay looks at the major challenges facing litigators when dealing with multi-lingual disclosure.

Rolling the dice: the April 2013 eDisclosure conundrum

  Garry Bernstein or Consilio assesses the consequences of the Jackson reforms on eDisclosure. Read the full article here.  

Automating e-discovery

Drew Macaulay and Olivier Aelterman consider whether artificial intelligence could fully remove human involvement in the e-discovery process.

Rethinking tools

Jérôme Torres Lozano and Todd Mansbridge explore how predictive coding, audio search and other e-disclosure tools are transforming technology-assisted document review.

EDisclosure – convergence of IT and Law

The process of responding to litigation or an investigation is no longer simply a matter of locating potentially relevant hard copy documents in the company archives and handing them over to external counsel for review, [...]

Sound Advice

How should electronic audio data be handled and how can it be included into the eDisclosure process?

eDisclosure: be prepared for Civil Procedure Rule 31.5A in April

The full scope and complexity of an eDisclosure exercise often only becomes apparent much later in proceedings, and usually only after the exercise has already begun.

New Approaches to Discovery of Audio Data

Why companies must plan for audio data discovery and how can they better understand this source of information and their obligations towards retention, processing, and review.

Interview with CEO Andy Macdonald

Washington SmartCEO magazine interviews Andy Macdonald for his insight and strategy in relation to company mergers and acquisitions.

Managing eDisclosure

New Civil Procedure Rule 31.5A looks set to shake up the disclosure process in England and Wales, with potentially serious  consequences for those not up to speed with the changes by next April, writes Garry [...]

Cross-Border Litigation And Investigation: Overcoming Legal, Cultural And Technical Hurdles

The trend in globalisation has given rise to cross-border litigation, arbitration and regulatory investigations. Companies must now litigate and respond to regulatory matters in multiple jurisdictions, each with its own unique legal requirements and cultural [...]

Held To Account by Garry Bernstein

New CPR 31.5A looks set to shake up the disclosure process in England & Wales.  The principle that the costs of conducting litigation should be proportionate and satisfy the overriding objective is long-established in the [...]

Can Predictive Coding Save the World?

August 2012 From keyword searching to email threading, to concept clustering, technology has helped corporations and law firm lower review costs without sacrificing accuracy and defensibility.  A new innovation, predictive coding, promises to accelerate this [...]

Part 3 of 3: Mapping and collecting data stored in an IaaS environment by Jonathan Fowler

August 2012 In part one of this three-part series, we discussed some of the basic concepts and advantages that result when organizations abandon the traditional concept of data storage and move their IT infrastructure to [...]

Perfecting the Process by Adrian White

July 2012 How to approach an e-disclosure exercise is a growing dilemma for law firms and their clients as the volume and diversity of documents continues to expand. Allocating too few resources to the process [...]

Part 2 of 3: Mapping and collecting data stored in an IaaS environment by Jonathan Fowler

July 2012 In part one of this three-part series, we discussed some of the basic concepts and advantages when organizations abandon the traditional concept of data storage and move their IT infrastructure to Infrastructure-as-a-Service (IaaS) [...]

Keeping up with technical changes in disclosure by Jerome Torres Lozano

July 2012 An emerging but important trend is the use of the cloud for the creation and storage of business documents, which brings with it a new host of challenges for the litigator and the [...]

Tiptoeing through the legal minefield by Drew Macaulay and Adrian White

June 2012 For multinational companies, being at the sharp end of a cross-border investigation is fraught with risk. Getting the initial response right is critical to making the best of a bad situation. Read More [...]

Seek and ye shall find by Adrian White

June 2012 With discovery being a major component of litigation in many jurisdictions, the efficient conduct of document retrieval can help litigants avoid a judicial drubbing - and achieve significant savings. (Link redirects to The [...]

Part 1 of 3: Mapping and collecting data stored in an IaaS environment by Jonathan Fowler

June 2012 In this three-part series, we will discuss some of the challenges and issues companies must recognize when litigation arises and the time comes to identify and map potentially relevant data that is stored [...]

Report Writing Guidelines by Melia Kelley

May 2012 Despite its importance, report writing meets with a lot of ambivalence, and even antipathy, in the computer forensics industry. (Link redirects to Digital Forensic Investigator.) Read More (PDF)

Digital guardians: Protecting companies against IP theft by John Shaw

May 2012 As technology becomes more sophisticated and the tracking of intellectual property (IP) theft becomes more challenging, the pressure is on IT departments within companies to prepare for the worst. (Link redirects to British [...]

Dealing with Disclosure by Drew Macaulay

March 2012 Electronic trails are growing in volume and complexity, creating a nightmare for lawyers in disclosure exercises. And there are serious consequences in getting it wrong. (Link redirects to The Global Legal Post.) Read [...]

Deluge of Data by Jerome Torres Lozano

February 2012 Just five years ago, the main source of electronic information was email, followed some way behind by word processor documents. Now, however, important business information is just as likely to be found in [...]

How Businesses Can Protect Themselves from IP Theft by John Shaw

February 2012 Software companies can spend enormous amounts of money and time developing new products; yet underestimate the ease of code being stolen. It is alarmingly easy to hide and transport software code. Fortunately, there [...]

Lawyer Monthly: Forensics Ready Guide by John Shaw

January 2012 As technology changes at a rapid pace, so too must the forensics response to e-disclosure and investigatory requests. Understanding where the data is within a company, how to back it up and how [...]

Law Business Review: Lost in Translation by Jerome Torres Lozano

January 2012 With the rise of international dealings in a digital environment, recruiting human translators to sift through masses of electronic data becomes an impossible task. Ineffective translation of relevant documents can also potentially harm [...]

Law Business Review: Lost in Translation by Rob Brown

January 2012 Traditional e-Discovery exercises are often based on an assumption that the documents of interest are in the English language. However, in today’s globalised business environment, companies have multinational corporate parents, subsidiaries, suppliers and [...]

Speaking in Tongues by Drew Macaulay

December 2011 English may be the lingua franca of business, but that doesn’t mean lawyers can ignore the rest of the world’s languages – especially in e-disclosure processes for cross-border disputes. Read More (PDF)

Speedy Recovery: Retrieving lost emails as part of an investigation by John Shaw

September 2011 With the rise of the digital age and the widespread use of computers and electronic communication by individuals and corporations, the volume of emails and business correspondence electronically stored is growing exponentially. As [...]

European Lawyer: Digging Up Data by Drew Macaulay

September 2011 Cross-border information requests present a variety of challenges that, if not considered early in the life-cycle of a matter, have the potential to add significant risk, delays and cost to the process. However, [...]

New Law Journal: “Enforcement Matters: How Bribery-Act Compliant is UK Plc?”

August 2011 Evidence suggests that many businesses are not taking the Bribery Act seriously: a recent European Fraud Survey found that one in seven staff polled at large UK companies was willing to offer cash [...]

New Law Journal: “Data Jams” by Drew Macaulay

June 2011 International legal, regulatory and investigative matters often involve the collection, review and production of information from multiple jurisdictions. Problems may arise when legal requirements to produce information in response to proceedings in one [...]

Law Business Review: “Playing by the Rules” by Drew Macaulay

April 2011 With the introduction later this year of the Bribery Act, and increased vigilance around competition, lawyers are under pressure to negotiate effectively and respond rapidly to relevant regulatory bodies in order to mitigate [...]

Law Gazette: “International Document Management” by Drew Macaulay

April 2011 In a globalized environment where legal and regulatory matters can involve corporate subsidiaries spanning multiple jurisdictions, moving data from one country to another in order to respond to these matters can lead to [...]

Argyle Conversations: Interview with Anne Chwat, EVP & General Counsel, Burger King, by Jon Shaman

March 2011 Anne Chwat and Jon Shaman met to discuss legal best practices during IPOs. "The first question is, what are the company’s primary assets? And then next, are they properly protected?" Read More (PDF)

It’s a Small World After All – Best Practices for Conducting Cross-Border eDiscovery

Every day, the world grows smaller as companies stretch their operations around the globe. As businesses cross international borders, so does their data. Even for organizations with a smaller global footprint, the advent of technologies such as [...]