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Litigation Support: What in the World?

Event Code: LPSPG3Area of Discipline: Organization

ManagementHashtag #LPSPG3

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Litigation Support: What in the World?Moderated by:

Kelly Inglese, Director, Litigation Support Services, Fasken Martineau DuMoulin

Presented by:Steven Clark, Director of Litigation Support, Lathrop & GageVince Neicho, Litigation Support Manager, Allen & OveryBeth Patterson, Director, Applied Legal Technology, AllensChristine Tabbert, Partner, Fasken Martineau DuMoulin

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The United States

Rules & GuidelinesFRCP

Generalized expectations now widely understood (and accepted)

Increasingly difficult to ignore/avoid scrutinyStates Catching Up:

30 or so now have specific “E-Discovery” based guidelines

No longer a guaranteed free passOther Advisory/Industry Groups

Collectively adding to growing body of standards, protocols, best practices, certifications, etc.

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The United States

• Message from the JudiciaryIncreasing encouragement (read: pressure) to

cooperate and discloseLess and less tolerance for a lack of preparation

and candorApply the same skills used in elementary

school…Focus still heavily on preservation/spoliation

Expectation: basic “reasonable” steps should now be understood (and followed)

Looking ahead!Grappling with (and endorsing?) advanced

technologies…

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The United States

• Technology DevelopmentsContinued push left

Emphasis on ECA continues to growTools & applications continue to evolve

Advanced tools/processes beginning to become mainstreamAssisted, Enhanced, Augmented, Concept, or

Predictive…now part of the (necessary?) toolkitProviders: “Yes, we have it too!”

DIY (Do it Yourself) market SaaS or utility-based applicationsFilling the void (or creating more problems)?

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UK/Mainland Europe

• UK v rest of Europe• CPR Part 31 and Practice Directions PD

31A and PD31B• Forthcoming amendments from Lord

Justice Jackson cost review• Some leading cases:– Digicel– Goodale– WAPCO

• Predictive Coding, keywords and service providers

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• Australian Courts changing views on discovery• NSW Supreme Court Practice Note No.SC Eq 11 - Disclosure in the

Equity Division• Australian Federal Court - Practice Note CM 5 Discovery

• Responding to Clients - Lower cost options• Information Governance and corporate investment• Changing Technologies – Early Case Assessment including

Predictive Coding• The Outsourcing Landscape down under

• Asia

Australia

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Why ECA Matters More NowNSW Supreme Court Practice Note No.SC Eq 11 - Disclosure in the Equity Division

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Why ECA MattersMore Now

Practice Note CM5

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China

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CanadaRules and Guidelines

• Sedona Canada Principles, National Model Practice Direction, Provincial Rules of Civil Procedure

• Guidelines for the Discovery of Electronic Documents in Ontario, Ontario Model E-Discovery Precedents and 10 Guiding Principles to Minimize E-Discovery Costs

• Revised Ontario Rules of Civil Procedure– "relating to" vs. "relevant to" any matter in issue– proportionality as an overarching principle– changes to summary judgment– discovery plans– recovering costs of litigation support in a "loser pays" system

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Canada

• Nova Scotia Civil Procedure Rules– Disclosure of documents vs. disclosure of electronic

information (Rule 16)

• Alberta Practice Note No. 14– Early consideration of electronic evidence management

and exchange

• British Columbia Practice Direction re Electronic Evidence (2006)– Generic Protocol Document

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Litigation Support: What in the World?