Entries categorized under “Electronic Discovery”

I would agree with that 70% of the time reviews require more data from the source, in fact, it is probably higher. The reason the source data needs to be recalled during review is based on a simple fact - "the review phase is the FIRST time a qualified reviewer has looked at the data qualitatively, i.e. custodians, concepts, context etc." Waiting until the data is in a review system to evaluate it is causing companies thousands if not millions annually. Those dollars would be much better spent as pennies, which is the cost of ECA tools in terms of review budgets. The goal's are simple 1) reduce data sets going into review 2) improve data review during collection. (read more)

Today marks the end of an era.  The era would be email archiving and eDiscovery 1.0.  I say this because Eliot Spitzer was the beginning of an era that ushered in the broad use and acceptance of email archiving software... (read more)

Since full-text search can only find words or associate concepts with image files, users still need to review the images. The ability to review images as it relates to emails has been overlooked in the major systems, such as Autonomy/Zantaz, Symantec Enterprise Vault, etc. The scenario is simple: your human resources or legal group has a need to do an early case assessment, but some of the critical email data-points are pictures attached to the messages. In most cases, the pictures have obtuse names like DSC30012.JPG or IMG_1459.PNG, telling you absolutely nothing about the file. What you need is a thumbnail view of all images related to your search query. (read more)

Joshua Konkle: In companies with multiple litigations and complex IT the argument is often made for soup-to-nuts approach, preservation to production what are your thoughts on such a system? --- Greg Buckles: First let me say that information management is one of the most important pieces of the eDiscovery reference model. Second, the soup-to-nuts approach may lack flexibility by design and could create inefficiency depending on the scale of a matter. For example, a system that works for a small HR case, may not work for a shareholder lawsuit. (read more)

Although the data elements are small, they are numerous. For example, a medium sized company with 3000 users using a Voice over Internet Protocol (VoIP) system would generate 24000 calls if each person received one call per hour throughout an 8 hour work day. In two years time that would equal at least 18 million call records and requires companies implement automated solutions to capture and manage these call records. Moreover, those automated systems must scale well beyond 18 million records on a daily basis. Working with carrier grade companies, those that serve the general public, Suntech experienced very high data retention requirements early in the development cycle. (read more)

We often ask our clients to bring IT and Legal together for a conversation. We use our experienced staff to help coordinate between the two groups on legal issues, retention policies and key technology concerns. For example, we don't expect GCs to understand storage area networks (SAN) and host bus adapters (HBA), but we do want them to know that the equivalent to a post-it note on a contract is meta-data properties like blind-carbon copy on emails. We also encourage our clients and prospects to educate themselves using white papers, publications and blogs. (read more)

Focus, we say let's focus on your industry and what we know can be destroyed. Each client carries different requirements and regulations. For example, the Financial Services industry is regulated by the Securities and Exchange Commission (SEC). The SEC establishes rules for all financial services companies' business and communication process. In 2000 they required all financial services companies to retain communications between broker-dealers under the 17a-4 for a period of seven (7) years. (read more)

Limiting access to archive data is handled by discretionary access controls and user accounts stored in Active Directory™. The success of security in these SaaS systems is largely based on systemic security controls and processes within your company. When you decide to use a SaaS product you must institute new security processes and controls. Those process changes and related costs may go unaccounted for during your assessment of SaaS vs. on-premise email archiving solutions. (read more)

Autonomy/Zantaz, Microsoft/Fortiva and Google/Postini are three SaaS based archiving solutions you should evaluate if you are considering hosted email archiving and eDiscovery for Microsoft Exchange. Since Microsoft/Fortiva does not support Lotus Notes Domino, you should limit your research to Autonomy and Google if you also require Lotus Notes Domino support. Autonomy's Zantaz was founded on the premise of SaaS archiving for Microsoft Exchange and Lotus Notes Domino, whereas Google/Postini started offering it in 2006. Google acquired Postini in 2007 and added significant support and data center services to support their growing Enterprise customer base. (read more)

We try to help our clients understand as much about IT data storage as it is required to make quantitative and qualitative decisions about their case. We are also helping them understand the difference between technology solutions; a good analogy is the difference between a sprinkler system and individual extinguishers for fire suppression. (read more)

Fortiva identifies security and flexible search as two key elements in the product line. Security is a critical component in any Software as a Servie (SaaS) offering. When all the data is stored off site with another company, encryption is your last bastion of hope against would be thieves, privacy violations, etc. (read more)

At first they seem disconnected by language used by legal versus language used by IT. In many cases, the technologies are in place to affect policy, but having a good moderator in place is required. At Applied Discovery, we spend time with our clients helping them bridge those policies to the technologies. There are cases where a policy needs to be revisited so technology can be enacted. (read more)

Fortiva would have been a better option for Dell (NYSE:DELL), had Fortiva been local to the Austin area. According to Praising Gaw, VP of Marketing at Fortiva, they maintain a good business relationship with Microsoft as the sole provider for Microsoft Business Productivity Infrastructure Online Services for Enterprises. Since Dell also values a good relationship with Microsoft, why didn't Dell Computer Corporation nurture the Fortiva relationship? One obvious answer is there weren't any vested interests in Fortiva, by Dell Computer Corporation or the Dell family. (read more)

Prior to the release of Estorian LookingGlass v2 there weren't any vendors who could deliver archiving and preDiscovery tools with an intuitive and easy to use package. If you are considering an email archiving and preDiscovery solution you might have looked at Autonomy/Zantaz and Symantec Enterprise Vault, but in either case they are lacking effective preDiscovery tools. For Autonomy/Zantaz you would need Aungate; for Symantec Enterprise Vault you would need Clearwell Systems. Estorian LookingGlass is delivering on both email archiving and preDiscovery tools. (read more)

Once you understand the basic premise, it's simple to see that all sorts of information can be posted to twitter about internal activities or personal matters, in the case of civil litigation. For example, several cases related to health insurance, child custody, etc have been fought or are being fought based on information found in My Space and Facebook. Consequences of twitting on twitter should be similar to existing social media, but twitter won't be subject to hearsay based on FRCP 803(1) and 803(2). (read more)

Considering competitive forces from Google, Autonomy and a fleeting partnership with Iron Mountain, it was in Michael Dell's best interest to save his investment and reel in MessageOne. Moreover, with all the storage activity going on at Dell, the acquisition could propel the MessageOne services to equal footing in the enterprise with Google, making the $12 annual fee for MessageOne a bargain for Dell related technologies. (read more)

Estorian's LookingGlass provides a new approach to email archiving for eDiscovery and retrieval. It utilizes the Messaging Application Protocol Interfaces (MAPI) to capture all messaging activity within Microsoft Exchange operating environments. For example, when a user starts to write a message and saves a copy of it in their drafts folder, LookingGlass captures this type of activity and stores these messages into its archive. While a draft copy of an email may mean nothing, sophisticated fraudsters may know how to use associated draft folders to send emails through Microsoft Exchange mailbox delegation without detection. Capturing messages stored in these draft folders controls risk while many other email archiving products typically rely on the antiquated journaling technology found in Microsoft Exchange. (read more)

Blogging from the taxi line at the Hilton Hotel...Jumping in to LegalTech feet first on mid-day Tuesday was a blast.  The Hilton hotel was buzzing with EDD chatter and vendors filled three floors of conference space.  Everywhere you turned there... (read more)

Blogging from the taxi line at the Hilton Hotel...Jumping in to LegalTech feet first on mid-day Tuesday was a blast.  The Hilton hotel was buzzing with EDD chatter and vendors filled three floors of conference space.  Everywhere you turned there... (read more)

LegalTech has been an explosion of services and technologies.  There are three floors of software, hardware and service vendors.  There are so many vendors you wouldn't think the market could support them all in the next 12 - 24 months. ... (read more)

If Huron approaches a client about "eDiscovery process improvements" without any product offering it typically falls on deaf ears. However fixed priced eDiscovery is sure to generate a lot of buzz and listeners. If you are buying into V3locity, Huron's next step is to deploy Autonomy/ZANTAZ into your environment as your intelligent preservation and collection system. While this is a win-win for both Huron and Autonomy, it may turn out to be a life saver for Autonomy. (read more)

Note from Joshua: Due to my attendance at LegalTech, this will be the last interview posted this week.Synopsis Part 2: Evidence Lifecycle Management (ELM) and Educating Legal and ITSynopsis Part 1: Don't be intimidated by legal technologyElectronic data discovery interview... (read more)

The mood with legal counsel is still one in which they feel a bit intimidated by the information technology jargon that is thrust their way by eDiscovery. Their comfort zone rests in writing a document (e.g., retention policy management) that they believe should be taken literally. Of course such documents should be followed to the letter. However, when a CEO, CFO, or VP Sales has to save a document to a thumb drive (read more)

Synopsis Part 2: Intelligent collection and preservation contains eDiscovery costs savings Synopsis Part 1: Legally, what's a retention policy? How to educate IT? What's a CIO to do? --- Electronic data discovery Interview - Michele Lange, Esq., is the director of legal technologies for Kroll Ontrack (Part 2 of 2) -- Joshua Konkle: What is causing the need for intelligent preservation/collection by the corporation? -- Michele Lange: Cost Containment. eDiscovery can be costly if not well managed. (read more)

Synopsis Part 2: Educating Legal and IT on eDiscovery and policy challengesSynopsis Part 1: Intelligent collection for eDiscovery processing at $4/gigabyteElectronic data discovery Interview - Steve d'Alencon is the VP of Product Marketing at Kazeon, Inc.  (Part 1 of 2)... (read more)