ediscovery & Forensics

The Australian Securities and Investments Commission has announced it is investing around $A60 million on data analytics, IT systems as well as its surveillance and enforcement capabilities to be a more data-driven, intelligence-led law enforcement agency.

ECM giant OpenText has made a further two enterprise software acquisitions, forensic security and eDiscovery vendor Guidance Software for $US240 million, and Covisint, a Cloud platform for building digital identity management, Internet of Things (IoT) applications, and automotive and transportation supply chain.

Advanced Discovery, a global eDiscovery and risk management provider, has filed a patent covering facial recognition technology in eDiscovery workflows. This most recent patent is designed to automate the review of large volumes of photographic images to identify an individual’s presence and prioritise documents within document reviews.

AccessData Group has announced the release of AD eDiscovery 6.2, a new version of its software platform that helps corporate customers better mitigate risk, ensure compliance, improve incident response efficiency and reduce overall data processing costs.

Guidance Software, the makers of EnCase forensic security, has announced the release and availability of a new generation of Tableau Forensic Imagers. Model TX1 offers a tablet-sized screen and features a new design, a colour display and intuitive user-interface for improved ease of use.

Australian law firm, Corrs Chambers Westgarth, has received a patent from IP Australia for a new optical character recognition (OCR) analysis technology. The technology identifies documents with low quality searchable text and will be used as part of a new service being launched by Corrs called JustOCR.

In the ruling In re Search Warrant No. 16-960-M-01 to Google , Pennsylvania Magistrate Judge Thomas J. Rueter ordered Google to comply with a search warrant to produce foreign-stored emails, disagreeing with the U.S. Court of Appeals for the 2nd Circuit’s ruling in the Microsoft Ireland warrant case, where Microsoft was not ordered to provide access to emails in that ruling.

In every branch of forensic science, we have to fight with the falsehoods introduced by the popular series à la CSI (hence the properly called CSI effect ), but probably this belief is the strongest in the field of forensic image and video analysis. From endless zooming from satellite imagery, to enhancing the reflection of a reflection of a reflection, to identifying faces or fingerprints at an unbelievable pace, we very often have to explain, even to “the experts”, what is science and what is fiction.

In a victory which extends to parties involved in complex, document intensive litigation, the Supreme Court of Victoria on Friday, 2 December 2016, endorsed the use of predictive coding in discovery. This marks the first time the technology has ever been approved in Australia in a Court process, and will potentially lead to big changes in the way parties conduct discovery in major matters in the future.

​With the size – and complexity – of large commercial disputes rapidly increasing, using technology to assist in their case management is becoming more and more important.​ In this article, we take a look at some recent case law developments – both in Australia and internationally – that offer some insight into how the Courts view TAR and may use Special Referees to assist with its implementation in the case management of large disputes.

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