e is for Evidence

In September 2002, a new question was added to AmLaw Tech’s survey on the use of IT in the top 200 American law firms. The question was ‘Which electronic evidence vendor do you use to retrieve and organize computer files turned over in discovery’. 75% of the US firms cited a preferred vendor. Adrian Palmer is sure that if the same question were asked of the UK’s legal community, it would most likely remain unanswered, or be confused with those companies that scan paper documents into their litigation support systems….

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Intel Bags its Chips

In the recent Intel judgment (Intel Corporation v VIA Technologies Inc, 14 June 2002, unreported) Collins J summarily dismissed allegations by VIA Technologies that Intel Corp had abused its dominant position in microprocessors and chipsets markets, and other anti-competitive behaviour. VIA’s allegations arose in the context of patent infringement proceedings brought by Intel against VIA – the “chipset” and “CPU” actions. These actions both relate to the introduction of the Pentium IV microprocessor. Davina Garrod of McDermott, Will & Emery explains that Intel v Via Technologies is interesting because it shows the reluctance of English judges to entertain weak Euro-defences in the intellectual property arena….

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Electronic Disclosure – The Way Ahead

Over the last century, apart from direct testimony, paper evidence has been the most compelling form of evidence in trying criminal and civil cases. However, with the advent of computers and information technology the dependence on paper documents as the major source of evidence, other than testimony, is changing. The real question, say Chris O’Reilly (Director of International Litigation Support at LDM) and Jason Derting (who owns Pacific Legal), is whether the legal community has kept pace with the phenomenal growth in computer technology and whether it is aware of the significance of computer-generated data in the disclosure process….

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