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Litigation Support: What in the
World?
Event Code: LPSPG3
Area of Discipline: Organization Management
Hashtag #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
& Gage
Vince Neicho, Litigation Support Manager, Allen &
Overy
Beth Patterson, Director, Applied Legal Technology,
Allens
Christine Tabbert, Partner, Fasken Martineau
DuMoulin

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The United States
Rules & Guidelines
FRCP
Generalized expectations now widely understood
(and accepted)
 Increasingly difficult to ignore/avoid scrutiny
States Catching Up:
30 or so now have specific “E-Discovery” based
guidelines
No longer a guaranteed free pass
Other 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 Judiciary
Increasing encouragement (read: pressure) to cooperate
and disclose
Less and less tolerance for a lack of preparation and
candor
Apply 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 Developments
Continued push left
Emphasis on ECA continues to grow
Tools & applications continue to evolve
Advanced tools/processes beginning to become
mainstream
Assisted, Enhanced, Augmented, Concept, or Predictive…
now part of the (necessary?) toolkit
Providers: “Yes, we have it too!”
DIY (Do it Yourself) market
SaaS or utility-based applications
Filling 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 Now
NSW Supreme Court Practice Note No.SC Eq 11 - Disclosure in the
Equity Division

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Why ECA Matters
More Now
Practice Note CM5

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China

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Canada
Rules 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

13. Tweeting? #LPSPG3
Litigation Support: What in the
World?