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Showing 741-760 of 787 Blog Posts
More Evidence of eDiscovery Market on The Rise
04 - 16 - 2010
Barry Murphy
On the heels of my writing about the perfect storm brewing in eDiscovery comes good news for all in the market. Recent survey results from the Cowen Group indicate a rise in jobs, plans to purchase software, and plans to purchase outsourced services. The good news is that the data points to wins all around in the market. Organizations benefit by taking proactive steps to reduce the cost of eDiscovery. Software and service providers benefit from increased revenue. And eDiscovery professionals benefit from increased work options and better employment.
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Small Firm Technology – Part 2
04 - 15 - 2010
Greg Buckles
In Part 1, I outlined the typical litigation profile questions that would support a realistic needs assessment for a solo attorney or small firm. From a the set of requirements, we explored the basic software packages through the EDRM lifecycle while calling out small firm perspectives. In the intervening weeks, I have tried to track down and get hands on new applications and SaaS offerings that might meet my challenge criteria. The nice folks at QD Documents got me a trial license for their $500 package. The product definitely gives a solo attorney the basic organizational space to code in documents, exhibits, transcripts, filings and all the other working pieces of a matter. Unfortunately, it is really just a nice, clean document tracking and management space, rather than an eDiscovery processing platform. I suppose that you could put URL links in field for native files, but that just feels too much like Concordance. So a good, cost-effective case management tool, but not an answer to my challenge.
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A Perfect Storm Brewing in eDiscovery
04 - 13 - 2010
Barry Murphy
Enough has happened – FRCP Amendments, precedents, scandals – for organizations to understand that it’s time to act vis-a-vis eDiscovery. Tools are evolving to provide real, actual value (despite the fact they still have developmental challenges). And, with an economic recovery, there will be money to spend on addressing the challenges.
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Destruction Management – A Practical Alternative
04 - 12 - 2010
Greg Buckles
When you consult on discovery issues, you cannot avoid running into retention management initiatives, no matter how hard you try. One of the first Interrogatories on almost every matter asks for a copy of the corporate retention policy and supporting documentation concerning record systems. The problem is that records are no longer boxes of old files kept in offsite storage. In the modern business environment, every piece of ESI has the potential of being considered a ‘record’ or at least evidence. One of my more frequent client conversations starts with, “We need to have a system to apply retention periods so that I can get rid of anything that I do not absolutely need.” Counsel views the seas of unstructured ESI as potential evidence that will cost $1-3 per item to review. So the motivation behind legal’s push for retention management is to reduce discovery cost and risk. The actual goal is to destroy non-record ESI as fast as possible. To that end, I have come to the conclusion that trying to define records and apply retention periods is tackling the problem from the wrong end of the equation. A program of ‘Destruction Management’ that categorizes and destroys non-records seems to be a much more practical initial step toward overall information lifecycle management.
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Another Look at Forensic Collection
04 - 09 - 2010
Barry Murphy
I had a chance to speak with Lance Sloves, a Director at Computer Forensic Services, Inc. about forensic collection. He points out that, first, it’s fairly rare for any organization to have well-rounded or proper policies and processes in place for good, defensible collection – that is just the way it is. Second, few organizations possess the expertise in proper data and forensic collection that is required in today’s eDiscovery market. The fact is that many litigators are getting smarter and smarter about collection – and some can smell blood when something has not been properly vetted. And I’ve yet to meet an IT manager who relishes the thought of being an expert witness.
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Come Meet eDiscoveryJournal at AIIM Expo April 20-22
04 - 08 - 2010
Barry Murphy
eDiscoveryJournal will be at the AIIM Expo from April 20-22, 2010. The conference will highlight how information management professionals can take leadership roles in eDiscovery initiatives.
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So How Do You Review Web Collaboration ESI?
04 - 07 - 2010
Greg Buckles
In several recent posts, Barry and I have called out the challenges of collecting dynamic content from web based collaboration platforms, focusing on Sharepoint as the market leading platform. It is definitely on the minds of corporate legal departments and providers alike. Our articles prompted the team at Kiersted Systems to request a demo and briefing on their newest Sharepoint collection and review offering. Although we do not do classic product ‘reviews’ at eDiscoveryJournal, I do like to explore the implications of new methodologies and technologies. Sharepoint 2010 itself is new to the market and brings new capabilities to manage legal holds on records as well as more robust search and export features. The new ability to make a ‘preservation copy’ within Sharepoint is probably the highlight feature to take note of. They have wrapped a bit more workflow and specific action templates around holds, search and export, but the basic item level functionality seems unchanged.
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A Closer Look at "Forensic Collection"
04 - 05 - 2010
Barry Murphy
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eDiscovery Technology for the Small Firm – Part 1
04 - 02 - 2010
Greg Buckles
Although my consulting practice focuses on corporate legal departments and Biglaw firms, expert work does not discriminate against small firms. Following a recent consultation, an attorney from a small three man firm reached out to me for advice on basic software to handle their modest needs. It had been a while(quite a while) since I had checked the options and pricing for technology appropriate for this part of the market. I was seriously out of touch on the per seat pricing for CT Summation’s iBlaze and the firm definitely did not want any volume or subscription based licensing. They wanted to buy software, learn to use it and get on with practicing law. This exercise reminded me of Craig Ball’s EDna Challenge back in January. My challenge was about equipping a small or solo firm with basic eDiscovery technology without breaking their budget.
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eDiscovery: The Transparency Police?
04 - 01 - 2010
Barry Murphy
Transparency – it’s a word we hear often now. Merriam- Webster defines the term transparent as being “free from pretense or deceit,” “easily detected or seen through,” or “readily understood.” The Obama Administration talks about transparency and government; about how government should be accountable and able to share information about its operations with the public. The FRCP Amendments aim to hold organizations accountable for transparency, for being able to share information when required. And, we at eDiscoveryJournal aim to enforce transparency within an industry shrouded in complexity (and peppered with non-standardized terms and phrases).
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Is Your LPO Partner Breaking the Law?
03 - 30 - 2010
Greg Buckles
The 2009 economic downturn created a boom in the offshore review industry. The cost of review still dominates the eDiscovery lifecycle and is the top target for budget conscious corporate legal departments. Corporate counsel tends to start with the actual hourly wages of reviewers because that does not change their current workflow. Some work with pools of contract attorneys to bring the hourly rates down to $25-$80 per hour. But this still requires outside or inside counsel to manage the review and invest in the review platform to host the data. Outsourced service providers have traditionally handled the large, multiparty matters and supplied both project management as well as offshore contract reviewers. This is the root of the new Legal Process Outsourcing (LPO) service model. Integreon, one of the largest LPO players, announced that it had been named in a writ for unlicensed practice of law to the Madras High Court in India.
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What Does In-House eDiscovery Mean?
03 - 24 - 2010
Barry Murphy
o, what does it mean to take eDiscovery in-house? The way I see it, the movement in-house consists of the acquisition of tools for information management, identification, collection, preservation, processing, and some element of review and analysis (the left side of the EDRM) and active participation in managing the cost of review.
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Breaking In To eDiscovery – Certifications and Training Options
03 - 24 - 2010
Greg Buckles
I was recently asked what training and certifications could help an attorney looking to break into contract work on eDiscovery projects. This is an attorney that has practiced for 20 years , but she still felt the need to put some technical alphabet soup behind her JD. The questions mostly focused on which software and what level of training would demonstrate overall competence. What it takes to ‘break in’ as an independent is a good topic for a full article, but I will start with my perspectives on software, training and certifications as they exist today. Although contract attorneys are primarily used as reviewers, I am going to assume that an experienced attorney or other professional wants to take a case or project management role for a corporate or law firm client. This role has traditionally been filled by the service provider, but with corporations insourcing discovery and firms taking more fixed fee engagements, I can definitely see a potential niche market for someone with the right skills.
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Autocoding Take III – New Acuity Offering
03 - 23 - 2010
Greg Buckles
The first two journal entries on autocoding definitely resonated with the market and generated a lot of on/offline responses. One of those responses was a call and subsequent briefing from my old colleagues at FTI Technology on their latest offering, FTI Acuity. [EDITOR’S NOTICE– Greg worked at Attenex prior to the FTI acquisition.] A quick visit to the FTI site leads one to believe that Acuity is just a packaged services-hosting offering with a fixed per-GB or per-Document pricing model that they term Integrated Document Review. DiscoverReady was one of the first Attenex partners to offer fixed-fee per document review pricing back in 2005. The FTI materials barely mention the new predictive coding and quality control functionality that has been added to the Ringtail-Patterns platform.
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What is Information Governance?
03 - 22 - 2010
Barry Murphy
Information governance is simply a new perspective - a conservative one - on information management. It's about managing the risk inherent in creating and using information assets within an organization.
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Preserving Dynamic Collaboration Content – Part 2
03 - 17 - 2010
Greg Buckles
In Part 1, we explored changing face of internet and intranet collaborative communication platforms and the increased risks posed by outdated policies and technologies. My main concern over these systems is the unreasonable expectation that a typical corporate custodian could preserve relevant ESI stored in Sharepoint or another cloud based system. Despite recent rulings emphasizing written Hold Notification, most users simply do not have the tech savvy, rights or proper tools to either make a complete preservation copy or secure the items in place against expiry or accidents. That shifts the onus back onto Legal to effectively preserve these dynamic data sources.
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SharePoint Presents Very Real eDiscovery Challenges
03 - 15 - 2010
Barry Murphy
Microsoft SharePoint provides many business benefits and its usage has exploding and is growing further. But, as is often the case with new, exciting business tools, eDiscovery is an afterthought and becomes very challenging. It's only a matter of time before the challenges with forensically collecting SharePoint information hit the headlines. There are tools out there to address SharePoint eDiscovery management, but each take different approaches and buyers must beware.
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Preservation Pitfalls of Dynamic Content Platforms – Part 1
03 - 12 - 2010
Greg Buckles
The legal community is just coming to grips with the implications of native files and their metadata. I like to think of this as the content vs. context of ESI or the letter vs. the envelope in communications. Parties and courts are still arguing about how to handle, track and present multiple copies of the same item collected from different locations. Now we move that content into a dynamic environment with multiple, simultaneous ‘custodians’ that may contain historical versions, associated commentary, workflow and more. It is any wonder that many corporations have tried to define restrictive acceptable usage policies and implement net filters to limit user access to Facebook, Twitter and more from the enterprise?
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Another Perspective on the Role of Automation in eDiscovery
03 - 10 - 2010
Barry Murphy
In his earlier journal entries – Inside of Automated Review Part 1 and Part 2 – Greg Buckles explored the practice of using content analysis software to enable a level of automate for document review. The growing trend to let software create clusters of content by concept and other analytics in an effort to decrease massive review costs in a good indication that automation is here to stay. Thankfully, I’m seeing more and more indications that content analytics are becoming accepted in the information governance community. At LegalTech, I participated in a panel and one of the questions I received was how organizations can better proactively manage information in order to make eDiscovery as efficient as possible. My answer was to use auto-classification to go through legacy content and identify potential records, knowledge assets, and other retention-worthy content. This answer was the topic of debate, with some folks thinking that auto-classification will never stand up in court or is simply not advanced enough to work. Others feel that there is no way to effectively classify information manually and therefore auto-classification is inevitable.
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Internal Metadata – Hidden Text Lurking in Your ESI
03 - 08 - 2010
Greg Buckles
When we talk about metadata for native ESI, we are usually concerned about the Operating System (OS) fields that are kept in the File Allocation Table (FAT). Different OS formats support a wide variety of fields such as different dates, attributes, permissions and file name formats (long vs. short). These fields are not usually stored within the actual file and so are very vulnerable to alteration or complete loss when items are read or copied. Forensic collection is focused on preserving this ‘envelope’ information so that evidence can be authenticated and the context reconstructed in court. That is only half of the metadata story. Microsoft Office and other programs retain non-displayed information within the header and body of all common file types, especially with the adoption of the XML based Office 2007 file formats.
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