Access:
VISITOR (not logged in)
Sign In or
Feedback
Author
Year
Sort By: Show Per Page
Showing 521-540 of 787 Blog Posts
More on the Preservation Discussion: It Still Comes Down to Cooperation
12 - 20 - 2011
Mikki Tomlinson
There has been a significant amount of discussion, both formal and informal, surrounding whether the Federal Rules of Civil Procedure should be amended as to preservation and sanctions. Some believe that the time is not yet ripe, while others have presented arguments to the contrary. There is, however, one common theme in the debates, blogs, papers and meetings: cooperation.
View Details
Categories:

Congress Says eDiscovery Not a Burden – What Do You Think?
12 - 19 - 2011
Greg Buckles
It seems that Congress feels the need to weigh in on the costs of eDiscovery. Articles from LTN, CMSwire, Law.com and many other bloggers take many different perspectives on the commentary and Q&A session. We went to the House report to try to extract some of the highlights. My biggest take away is that we really do not have any solid metrics and objective market data on the true cost of eDiscovery. The comments focused on the cost and burden of preservation, especially on matters that never become actual litigation. Republican subcommittee members stressed the costs while Democrats questioned the relevance and corporate donor origin of the hearing itself in light of the active rule evaluation by the Judicial Conference. So here are some of the notable statements with my own perspective on them.
View Details
Categories:

Last Chance to Enter the eDiscoveryJournal $250 Holiday Drawing
12 - 19 - 2011
View Details
Categories:

eDJ's eDiscovery Trends: 2012
12 - 15 - 2011
Barry Murphy
What a year 2011 has been for the eDiscovery market. The Analysts at eDJ put our heads together and reviewed what transpired in 2011 and what kind of trends we will see in 2012. As a thank you for your support throughout the year, eDJ’s report “eDiscovery Trends: 2011 Year in Review and Forecasting 2012” is available for free download. 2011 saw trends around pragmatic ideas such as managing eDiscovery as a process and taking control of Information Governance (IG), while also hinting at forthcoming heat around “the Cloud” and predictive coding. We also saw the beginning of the rise of the “eDiscovery platform,” with vendors advertising solutions that could manage the full eDiscovery lifecycle. And, there was continued merger and acquisition (M & A) activity in the Discovery marketplace, with two acquisitions in the “bombshell” category given the premiums paid by acquirers. Symantec bought Clearwell in June, 2011 for close to $400 million (a premium of approximately 8x Clearwell’s revenues), while HP bought Autonomy for about $11 billion (a premium of more than 10x).
View Details
Categories:

So let’s get to the heart of this Predictive Coding – Technology Assisted Review thing
12 - 14 - 2011
One recurring topic that keeps popping up was Predictive Coding, or Technology Assisted Review (we’ll use the defined term "PC-TAR" to avoid controversy from this point on). We know that using PC-TAR will help save money in the overall eDiscovery process. Albert Barsocchini recently did an article on “Ediscovery Production Without Review” last week and quoted an attorney at a major law firm that said they are producing documents without any reviewing any documents in a linear review process. This immediately raised the mental flag in my head as this was the first that I’ve heard of someone going straight to production using PC-TAR technology without first doing a human review of the responsive documents.
View Details
Categories:

Is Preservation “In Place” Technology the Panacea to the Preservation Headache?
12 - 13 - 2011
Mikki Tomlinson
View Details
Categories:

Why Not Move Your eDiscovery to the Cloud? - Part 2
12 - 12 - 2011
Greg Buckles
Continued from Why Not Move Your eDiscovery to the Cloud? - Part 1… The second concern regards how to move the actual data to and from the Cloud storage. Many providers will tell you that you can just upload your data directly via web or ftp. STOP HERE. Normal File Transfer Protocol or web page upload is NOT protected. So use an SFTP equivalent or better yet look at the previous paragraph and only send encrypted packages. Internet backbone speeds still limit the practical size of uploads to 5-10 GB unless you have a dedicated pipe to your provider. Data uploads that take longer than 1-2 hours may crash or bog down your own network. eDiscovery performance is all about getting that large collection on line for review as fast as possible. But just as the speed and performance wars died from lack of interest, I think that most legal users have come to understand that it may take a day or two to properly handle and process potential evidence. While service providers and certain global corporations may have a high proportion of large (>10 GB) collections or productions, a quick check with a couple clients revealed that only 10-15% of their collections might need to be loaded directly by the host. I wrote a piece last year about how Fedex may be the true winner in the migration to the cloud.
View Details
Categories:

Review of Executive Counsel Institute's "The Exchange" Event in Los Angeles
12 - 07 - 2011
Mikki Tomlinson
View Details
Categories:

Why Not Move Your eDiscovery to the Cloud? - Part 1
12 - 05 - 2011
Greg Buckles
In my last post, we explored the relative cost of Amazon S3 Cloud storage compared to traditional hosting provider costs. Despite the potential cost savings of servers and storage in ‘The Cloud’, I am not yet seeing many firms or corporations jumping to move their eDiscovery to the Cloud. In a recent analyst briefing on our eDJ top 2012 eDiscovery Trends, Barry Murphy posited that legal and compliance resisted the leap beyond the firewall until they had more public success stories and caselaw. So what are they worried about? Data security was the first concern of a recent law firm client. “How can I assure my client’s that their sensitive ESI is safe and that we are not inadvertently waiving privilege?” Good question. So I went looking for a good answer.
View Details
Categories:

Thoughts On The State Of Information Governance
12 - 01 - 2011
Barry Murphy
Currently, we are working on a “State of Information Governance” report, wherein we slice the numbers from the survey a bit further to gauge how mature the practice of IG is. While the general results of the survey show IG gaining traction within organizations, the actual practice of IG seems to be fairly basic thus far. The State of IG report will go further into the many reasons we say this, but we wanted to share one statistic that shows IG programs have yet to completely evolve.
View Details
Categories:

Response to "Has eDiscovery Disenfranchised Our Paralegals?"
11 - 29 - 2011
Mikki Tomlinson
View Details
Categories:

Will Amazon S3 Rain on eDiscovery Hosted Providers?
11 - 29 - 2011
Greg Buckles
The cost of storage has come up in several recent engagements for firms and corporations. I started thinking about while we were brainstorming in preparation for our recent webinar on enabling expiry on archives. Calculating a Return on Investment (ROI) on a legal hold initiative includes the recovered cost of storage when you can eliminate 40-80% of your non-records. It was pointed out that storage costs have dropped so much that eDiscovery costs have superseded them as the primary motivation for cleaning house. My panelists trotted out several figures ($/GB) from well known analysts for the Total Cost of Ownership (TCO) of storage. I feel that Amazon S3, Rackspace and other global cloud services have clearly set the market price on storage at less than 15¢/GB. Yep, that’s right 15¢/GB. I can recall early eDiscovery hosting RFP’s at $30-50/GB/Month for online storage. That was just for storage, but it made an easy argument for in-house systems when many matters can run for 2-3 years or longer. Hosting providers generally lead with their processing and review offerings and tend to bury the ongoing storage costs deep in their bids, even though these recurring costs can represent the highest margin item on the engagement.
View Details
Categories:

Happy Thanksgiving From eDJ
11 - 22 - 2011
Happy Thanksgiving!! As we approach the eve of Thanksgiving, I wanted to take a moment to give a heartfelt "Thank You" to all of the loyal blog readers and clients. With your continued support, we continue to grow and implement our unique business model. There is so much to be thankful for these days here at the eDiscoveryJournal and eDJ Group. Over the past few months we have been carefully planning our next steps. I wanted to give everyone an update on our direction and how we’ve moved beyond a niche blog site. A few weeks ago we announced the creation of the eDJ Group, Inc. Now headquartered in Austin, Tx, the eDJ Group is now the main business entity for our organization which all of our products and services roll-up. The eDJ Group is made up of several practice areas: 1) Strategic Consulting, 2) Analyst Services, 3) the eDiscoveryJournal, and 4) eDJ Matrix.
View Details
Categories:

Announcing the eDJ Peer Group
11 - 22 - 2011
Mikki Tomlinson
This is my first entry as a contributor to the eDiscoveryJournal so I wanted to make it special with an announcement about a new initiative I’m leading with the eDJ Group. While you and I may not have met yet and we may not have met the other professionals that are reading this blog at the very same time, we are all bonded by this special community of eDiscovery and information governance professionals. Wouldn’t you agree that we could all grow from each other’s knowledge? Of course we could! The ability to share knowledge, pain points, successes and challenges, and state of the market with peers is invaluable. The challenges, however, include: opportunity, confidentiality, competition and facilitation. In recognizing both the need for knowledge sharing in our industry and the challenges associated therewith, eDiscovery Journal and eDJ Group have created the “eDJ Peer Group” and I am proud to lead its launch.
View Details
Categories:

eDiscovery An Afterthought in The Cloud
11 - 14 - 2011
Barry Murphy
It would be naïve to think that eDiscovery could knock the train that is “the cloud” off its rails. However, the stringent rules that companies are under to produce information in a timely manner for litigation or compliance purposes could be a thorn in the side for both companies and cloud providers a alike. eDJ is currently running a survey on eDiscovery and the cloud (take it and you could win a Kindle Fire). Analysis of the data is ongoing and the findings are both interesting and a bit scary for anyone responsible for information management.
View Details
Categories:

Managing Your Digital Landfill - Webinar Feedback
11 - 11 - 2011
Greg Buckles
I thoroughly enjoyed today’s webinar on using legal holds to start expiring ever-growing archives. I wanted to thank my panelists: Kyle McClain (Monsanto), Allison Walton Esq (Symantec) and Mikki Tomlinson. Mikki was Chesapeake Energy’s eDiscovery Advisor when we asked her to participate in the webinar, but the eDJ Group was fortunate enough to steal her away to become our new Director of Consulting. We have been growing out our strategic services group based on my Reason-eD client base to meet the demand for independent eDiscovery expertise. Now back to the webinar. This webinar and the eDJ research report, “Legal Holds for Enterprise Archives” were inspired by the sudden upsurge in interest we have seen in corporations wanting to finally start shrinking the archives that they implemented to manage email and legal preservation requirements. Thanks to Symantec for sponsoring complimentary copies of the research report for all attendees.
View Details
Categories:

The Cloud Does Not Kill Off On-Premise eDiscovery Solutions
11 - 09 - 2011
Barry Murphy
Cloud computing is a hot topic. The cloud’s ability to provide solutions that are lower cost and simpler to manage just cannot be ignored. Our recent SaaS survey showed that approximately 75% of respondents are leaning toward SaaS or hybrid on-premise/SaaS solutions for eDiscovery. Craig Ball recently put out a very interesting article about how running eDiscovery technology in the cloud will be more efficient. Craig goes so far as to say, “cloud computing makes collection unnecessary.”
View Details
Categories:

First, Wrestle the Gator in the Boat
11 - 04 - 2011
Greg Buckles
A sharp client recently said, “Let’s wrestle the alligator in the boat before we tackle the rest of them.” That pithy statement allowed the rest of his team to let go of the ancillary challenges that kept distracting everyone from the immediate goal that we were there to resolve. Face it, enterprise information governance or true discovery maturity is an unattainable goal. That does not mean that we should give up. Instead it means that we must strive to identify and prioritize the initiatives that we CAN attain so that we stay within the corporations idea of acceptable risk, cost and capabilities. There is no ‘one-size-fits-all’ definition of litigation readiness. For unregulated corporations with a minimal litigation profile, solid preservation and a proven mix of firm and providers may give them everything they need. Serial litigants may require a full litigation support department with processing, hosted review and production capabilities to control ESI and costs. You cannot create and implement enterprise wide systems in the blink of an eye, no matter what that rep assured you over the second bottle of Zinfandel.
View Details
Categories:

Review on the IQPC Bio-Pharma Event in Philly
11 - 03 - 2011
View Details
Categories:

eDiscovery Best Practices Guide From the New York State Bar
11 - 02 - 2011
Barry Murphy
That there is a dearth of standardized best practices for eDiscovery is an understatement. The corporate world is still fairly immature in its approach to information governance and eDiscovery. Thus, it is refreshing to see the recently published New York State Bar Association’s “Best Practices in eDiscovery in New York State and Federal Courts.” This publication is not necessarily the eDiscovery bible, but it does present some common sense, easy-to-follow guidelines for beginning to get one’s eDiscovery house in order.
View Details
Categories:

Logo
Terms of Service Privacy Policy Manifesto Citation Policy Ethics