Mr Justice Frank Clarke opened the conference and shared his thoughts on the relevance of electronic discovery and digital evidence in the Irish legal system.
The Honourable Mr Justice Frank Clarke is a judge of the Irish High Court. He was called to the bar in 1973, became Senior Counsel in 1985 and was appointed as a High Court judge in November of 2004. As a barrister he played a central role in many of the most notable recent cases in the High Court and Supreme court, as well as serving as counsel to the Laffoy Commission and the Flood Tribunal. In 2009 he chaired the Referendum Commission for the second Lisbon Treaty referendum.
Browning Marean, senior counsel at DLA Piper in San Diego, covered e-discovery within the United States, including an overview of the development of e-discovery in the US, the current state of US e-discovery rules and the practical impact of recent decisions. As a member of DLA Piper’s litigation group and co-chair of its E-Discovery Readiness & Response group, Marean is the leading e-discovery expert within the world’s largest law firm and one of the foremost authorities in the field.
Browning Marean is a US attorney, admitted to practice in California and Texas. Within DLA Piper he concentrates his practice on electronic discovery, professional responsibility and knowledge management. He joined DLA Piper in 1969 and serves on the firm’s Technology Committee in addition to being an emeritus member of the California State Bar Law Practice Management Committee and the San Diego County Bar Association’s Legal Ethics committee. He is an internationally known teacher and frequent lecturer on electronic discovery and co-author of “Electronic Discovery and Records Management Guide: Rules, Checklists and Forms”, (Thomson West, 2010), and “Conducting Discovery in an Electronic World: Electronic Data and Discovery” (California Civil Discovery Practice).
Steven Whitaker, Senior Master of the Senior Courts of England and Wales spoke about the development and status of e-discovery in the UK and other common-law countries.
Steven Whitaker, a former barrister, was appointed in 2007 after 5 years as a Queen’s Bench Master as Senior Master of the Senior Courts of England and Wales and the Queen’s Remembrancer. He was one of the judicial members of the Civil Procedure Rules Committee of England and Wales from 2002-08 and was also a member of one of the judicial advisory groups advising the Secretary of State on the use of IT in the Civil and Family Courts. He has taken a leading role in reforming the conduct of e-discovery / e-disclosure in the UK and is well known for his landmark judgement in Goodale v Ministry of Justice; he chaired the working group that drafted the e-Disclosure Practice Directive and the accompanying Questionnaire; each of which has had a significant impact on UK discovery practices. He has worked closely with Jackson LJ on the implementation of his report on the costs of civil litigation and is a bencher of Middle Temple.
Chris Dale, of the e-Disclosure Information Project, spoke alongside Senior Master Steven Whitaker on the development and status of e-discovery in the UK and other common-law countries. Dale is one of the best-known and well-regarded e-discovery experts, with a formidable track record of highly-rated keynote presentations at the leading international e-discovery and digital evidence conferences.
Chris Dale qualified as an English solicitor in 1980 after reading History at Oxford, was a litigation partner in London and then a litigation software developer and litigation support consultant before turning to commentary on electronic disclosure / discovery. He runs the e-Disclosure Information Project which disseminates information about the court rules, the problems, and the technology to lawyers and their clients, to judges, and to suppliers. He is a member of Senior Master Whitaker’s Working Party which drafted the new E-Disclosure Practice Direction and accompanying questionnaire. He writes the UK’s only authoritative and objective e-discovery web site and is a well-known speaker and commentator in the UK, the US and other common law jurisdictions.
Pauline Walley, senior counsel, discussed the practical implications of discovery in civil litigation and disclosure in criminal trials. As a senior Irish barrister Pauline Walley’s perspective on e-discovery is extremely enlightening since her 22 years of experience in Irish civil and criminal litigation has included several cases where digital evidence played an important role.
Pauline Walley is a practicing barrister with a general practice in civil and criminal litigation. She was called to the Bar of Ireland in 1989, having previously worked in insolvency and company law. She was called to the Inner Bar in March 2005. She is both a former Vice Chair of the Irish Criminal Bar Association and a member of the State and Criminal Bar Committee of the Bar Council. She has a particular interest in privacy law and is also a qualified mediator.
Barry Vitou, partner, Corporate Crime at Pinsent Masons; spoke on the importance of digital evidence for the investigation & defence of corruption allegations. Barry introduced the audience to the UK Bribery Act and the important record-keeping requirements associated with it, as well as discussing the US Foreign Corrupt Practices Act and the potential for European companies to be implicated in Bribery Act or FCPA issues.
Barry Vitou is an English Solicitor and partner of Pinsent Masons where he leads the corporate crime team. He has extensive experience of representing, defending and dealing with US, EU, Russian, Middle East and North African and other overseas clients. He has dealt with regulators, criminal and civil, in the UK, EU, US, the CIS and offshore. He has successfully represented clients defending criminal and civil worldwide money laundering investigations involving high profile allegations of corruption resulting in satisfactory resolutions for all concerned. He is co-author of TheBriberyAct.com, the leading resource for the UK Bribery Act.
Stephen Mason, barrister (UK) and author; covered challenges to digital evidence and the basis of strong evidence.
Stephen Mason is an English barrister (sole practitioner) and an accredited mediator. He was called to the Bar by the Honourable Society of the Middle Temple in November 1988. He is author and general editor of three key legal texts at the intersection of technology and the law: “Electronic Evidence” (LexisNexis Butterworths, 2010), “International Electronic Evidence” (British Institute of International and Comparative Law, 2008) and “Electronic Signatures in Law” (Cambridge University Press, 2012). He is also founder, general editor and publisher of the journal “Digital Evidence and Electronic Signature Law Review”. He regularly undertakes training for members of the judiciary and lawyers in electronic evidence as well as advising companies and governments on digital evidence and electronic signatures.
Liam Kennedy is the Vice Chairman of the International Bar Association’s Litigation Committee. He is a member of the Council of the Law Society of Ireland. Liam specialises in international and domestic commercial disputes including, product liability, M&A, securities/auditors’ litigation (including international class actions), EU and competition law, and constitutional litigation. Liam studied law, history and philosophy in the University of Otago in New Zealand following which he qualified as a barrister and solicitor in 1985, worked in Kensington Swan in Wellington and then Herbert Smith in London. Liam joined A&L Goodbody in 1992 and he is a Partner and the current Head of the Litigation and Dispute Resolution Department.
Ronan Lupton, barrister, spoke on the interaction of EU regulations and e-discovery, looking in particular at data retention and data protection issues; the use in e-discovery of personal data and information stored for data retention purposes; and practical approaches to handling sensitive personal data in e-discovery.
Ronan Lupton is a member of the Irish Bar and practices in the areas of commercial, chancery, defamation, intellectual property / copyright and competition law. Prior to practice he spent 12 years in various regulatory and engineering roles in the Internet and communications markets, including as Head of Regulatory Affairs for Verizon Business in Ireland. He is Chair of ALTO and the Internet Service Providers Association of Ireland as well as being a member of the Department of Justice Internet Safety Advisory Council; the Irish IPv6 Task Force; and the Irish ENUM Policy Advisory Board. He holds a BA (Management), M.Sc. (Strategic Management), and the degree of Barrister-at-Law (King’s Inns).
Simon Collins of Ernst & Young spoke about a recent E&Y survey regarding the use of electronic evidence throughout the legal system in Ireland.
Simon Collins is a Senior Manager in Ernst & Young’s Fraud Investigation & Dispute Services team in Dublin and his team specialise in the delivery of IT Forensic and eDiscovery services to clients. Simon has over six years experience working in Irish and international markets, from complex multi-jurisdictional eDiscovery projects, to acting as an expert witness in numerous cases. Simon holds an MSc in Forensic Computing, and the EnCase Certified Examiner industry qualification.
Andy Harbison spoke alongside Stephen Mason on “Challenging Digital Evidence”, discussing the importance of questioning and authenticating electronic records rather than blindly trusting information from computer systems.
Andy Harbison is a Director with Grant Thornton and leads their Litigation Technology and IT Forensics practice. He is a member of the Information Systems Security Association, the Irish Information Security Forum and the Society for Computers and Law. He holds a BSc in Electronics Engineering and two Masters degrees, in Business Administration and Information Technology. He is adjunct lecturer in digital investigation at University College Dublin and also regularly lectures on these topics at the Law Society of Ireland and Dublin City University. He has published extensively in IT forensics, computer fraud, electronic litigation and data privacy and is a regular speaker at conferences and private corporate seminars.
Chris Taylor of PricewaterhouseCoopers discussed digital evidence in the criminal context, drawing on both his career in law enforcement and his experience with digital evidence issues in corporations.
Chris Taylor is a Senior Manager with PricewaterhouseCoopers in Dublin. He has considerable experience in digital investigations and e-discovery processes, including as a former member of New Scotland Yard’s Technology Exploitation Unit. He is trained and certified to the highest standards and is a part-time lecturer at University College Dublin on the M.Sc. in Digital Investigations.
The following speakers participated in a panel discussion on “Managing Complex E-Discovery Projects”:
Dermot Moore is Head of Records Management and eDiscovery for AIB Group. Dermot heads a team responsible for the development of records management and archival processes for both paper and electronic records. Additionally Dermot has responsibility for an increasing workload of eDiscovery requirements working with business teams and external and internal legal teams on the provision of information to support internal investigations, litigation and regulatory investigations. Dermot has over 26 years experience of leading IT and business change programmes and projects and prior to joining AIB held senior programme management positions with Airtricity and IBM Global Services.
Emma Quinn is Associate Director of E-Discovery at Barclays where her role is to consult with and train internal and external legal review teams regarding e-discovery. Working with these global teams Emma is responsible for fulfilling e-discovery requests including processing and producing documents as well as managing e-discovery projects and carry out e-discovery software testing, maintenance and research. Before joining Barclays Emma spent four years with KPMG where she specialised in e-discovery including technical processing, client management and overall project management, covering each stage of the Electronic Discovery Reference Model (EDRM). Emma holds a BSc in Software Systems, an MSc (Hons) in Computer Security & Forensics; holds the CISSP certification; and is the first accredited Certified eDiscovery Specialist in the UK.
Owen O’Connor is the founder and managing director of Cernam. His background is in corporate information security and he has over 14 years of experience in security incident response, corporate investigations and e-discovery. He has a Masters in Forensic Computing from the UK’s Royal Military College of Science (Shrivenham) and has twice been elected to the international board of the Information Systems Security Association (ISSA).
Saida Joseph is International Director of Document Review Services at Epiq. Saida oversees the day-to-day operation of Epiq’s on-site document review services, including managing contracted qualified lawyers on specific projects. She assists law firm and corporate clients in the creation and implementation of review protocols, training materials, and best practices as well as ensuring quality control and validation procedures for defensibility.
The following speakers participated in a panel discussion on “Emerging Technology & New Sources of Evidence”, alongside Browing Marean and Stephen Mason:
Dr Vivienne Mee is a Manager in Deloitte’s Enterprise Risk Services team where she specialises in IT forensics & electronic discovery. Vivienne has worked on e-discovery and forensic projects for many government and private organisations including in instances of fraud, intellectual property theft, intrusion detection, malware, inappropriate misuse and related areas. She has also provided support to companies and litigators in various cases. Vivienne studied for a number of years at the University of Glamorgan in Wales, obtaining a Doctorate in Computer Forensics.
Stephen McGowan is Development Lead with Cernam where he is responsible for Cernam’s “Capture & Preserve” technology. Prior to joining Cernam in early 2010 he worked as a software engineer with another Irish technology company in the travel sector. He is a graduate of Dublin City University where he studied Computer Applications and his current work is centred on web technologies such as AJAX, XML and HTML5 as well as the development, security and automation of web browsers.