Articles & Whitepapers

How to Maintain Effective and Secure Long-Term Vendor Relationships: Understanding the Risks (Part Two of Two) For a vendor relationship to be long-lasting and effective, both sides should be able to identify when

FTSE 250 GCs: gearing up on data As GCs begin to quantify a legal team’s value to its business, The Lawyer’s roundtable finds that the use of data is key to the process

Growth of the Legal Operations Function Drew Macaulay and Robin Snasdell discuss the rise of the legal operations function within the FTSE 100. This article originally appeared in The Lawyer's FTSE 100 Key

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

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.

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.

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

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

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

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

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.

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.

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.

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.

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

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

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.

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

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

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

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

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

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

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,

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

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.

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.

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

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

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

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

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

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

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

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)

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

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

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

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

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)

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

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

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

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

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

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

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

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)

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

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,

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

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

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

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

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)

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