November 22, 2013
The newest upgrade for kCura’s eDiscovery platform Relativity is available. Version 8.1 includes a boatload of new features as told to us buy Globe News Wire in the press release, “kCura Releases Relativity 8.1.” The inventory option is the release’s flagship feature, it allows users better options for gaining insights and filtering data prior to processing. Along with requested speed upgrades, there are thirty-five other items that kCura added to 8.1.
The article states:
“ ‘Relativity 8.1 is packed with new features and we’re excited to share the release with our users,’ said Andrew Sieja, president and CEO of kCura. ‘The team has done a lot to improve core review functionality and has made major strides with our fully integrated processing engine—all while significantly improving performance in many areas of the software.’ “
Most of the feature upgrades are tied to speed, but the Relativity assisted review and analytics gives users a summary of results with statistics along with high-quality analytics. The workflows have been streamlined and the platform has improved REST API, coverage for dtSearch and analytics, better API performance, and new handler types. Is your excitement building so much that you cannot wait to download 8.1?
Think about this before you press the download option. kCura is an acknowledged leader in its field, but we have heard it incorporates third party solutions. Not the best idea when it comes to customer support.
Whitney Grace, November 22, 2013
November 11, 2013
The Minneapolis/St. Paul Business Journal reports on the cost of litigation in the article titled How Much Will the Next Lawsuit Cost? Kroll Ontrack Tech Can Tell You. The product line recently released by Kroll aims to keep legal defense budgets under control as Big Data drives them upward. The products emphasize a repeatable approach to ediscovery, as opposed to the standard treatment of every project as new.
The article explains:
“For instance, an analysis may reveal that a business’ chief product officer kept every memo received since 1985, driving up the cost of data mining. The company could then encourage the officer to shred paper more often, reducing legal costs going forward. Analyzing the cost of past cases makes it easier to predict future legal costs, Hager said. “You can budget for litigation the same way you budget to close financial books or the same way you budget for payroll.”
Some of the products include Ediscovery for Portfolio Management, which turns the management of ediscovery findings as a portfolio, a collaboration rather than individual projects, Ediscovery.com Review, which allows for wide-ranging control over data and costs, and Ediscovery.com Collect, a product made to help manage time and cost in the collection of ediscovery data.
Chelsea Kerwin, November 11, 2013
October 5, 2013
The eDiscovery process is part of big data, so it does not come as a surprise when “Recommind Raises $15M From SAP Ventures To Transform Unstructured Big Data Analytics” says MarketWatch. Recommind already provides governance, unstructured data management, and analysis, but it is making a strategic move to enter the big data game. It raised $15 million in a Series C funding round from SAP Ventures. Recommind will use the monies to meet market demand for its CORE (R) technology platform and expansion into the big data market.
Unstructured data plays a big role in everyone’s jobs and lives and Recommind believes it can take solution to the next level of advancement:
” ‘Unstructured data is the largest, fastest-growing part of modern business, and right now it is managed ineffectively,’ said Recommind CEO Bob Tennant. ‘This impacts you whether you’re a CIO, an attorney, a contract analyst, an IT professional or someone who needs to find documents on an important project. Legacy solutions can’t keep up in an age of information overload. We need a new way to access, analyze and govern information — one that is both intelligent and highly automated. With our CORE platform, we have the opportunity to solve some of the most difficult and costly problems in the enterprise.’ “
Recommind already has a big data product even through it is marketed as an eDiscovery tool. The company’s predictive coding technology has revolutionized the legal field. The success will probably be duplicated in big data. Good move for the company.
Whitney Grace, October 05, 2013
October 1, 2013
More discussion has popped up about the lawfulness of eDiscovery and what sanction can govern its usage. The Clearwell Systems eDiscovery 2.0 blog posted, “Judge Scheindlin Blasts Proposed FRCP Amendments In Unconventional Style” about how a federal judge voiced her opinion about proposed amendments to Federal Rules of Civil Procedure. She commented on Federal Rule 37(e), mostly due with a recent case about how a company screwed up its eDiscovery to present evidence. Judge Scheindlin issued a sanction and many people are saying she reacted to harshly.
The case involves Sekisui American Cooperation vs. Hart. The case is about a group of employees who left their company and adversely sued by said company. In the court case, the company tried to present emails as evidence but they were missing. The company had deleted them by accident, because they delete emails after a certain period of time. Judge Scheindlin believes sanction are the best way to resolve the problem. She used this case as an example to voice her dislike of the amendments:
“ ‘…“the proposed rule would permit sanctions only if the destruction of evidence (1) caused substantial prejudice and was willful or in bad faith or (2) irreparably deprived a party of any meaningful opportunity to present or defend its claims…. The Advisory Committee Note to the proposed rule would require the innocent party to prove that ‘it has been substantially prejudiced by the loss’ of relevant information, even where the spoliating party destroyed information willfully or in bad faith. 5/8/2013 Report of the Advisory Committee on Civil Rules at 47. I do not agree that the burden to prove prejudice from missing evidence lost as a result of willful or intentional misconduct should fall on the innocent party. Furthermore, imposing sanctions only where evidence is destroyed willfully or in bad faith creates perverse incentives and encourages sloppy behavior. Under the proposed rule, parties who destroy evidence cannot be sanctioned (although they can be subject to “remedial curative measures”) even if they were negligent, grossly negligent, or reckless in doing so.’”
She is a big promoter of eDiscovery and her opinion will weigh heavily on the decision. She is a fighter for eDiscovery search and for that we are thankful.
Whitney Grace, October 01, 2013
Follow more happenings at OpenSourceSearch
September 5, 2013
Philip Favro at e-discovery 2.0 holds that the often overwhelming eDiscovery process could be tempered with the help of our judiciary system, he shares in “The Need for a More Active Judiciary in eDiscovery.” Hmm, would this apply to secret judicial proceedings?
“In a recent article published by the University of Kansas Law Review, Professor Steven Gensler and Judge Lee Rosenthal argue that many of the eDiscovery challenges facing lawyers and litigants could be addressed in a more efficient and cost-effective manner through ‘active case management’ by judges. According to Professor Gensler and Judge Rosenthal, a meaningful Rule 16 conference with counsel can enable ‘the court to ensure that the lawyers and parties have paid appropriate attention to planning for electronic discovery.’
“To facilitate this vision of a more active judiciary in the discovery process, the Advisory Committee has proposed a series of changes to the Federal Rules of Civil Procedure. Most of these changes are designed to improve the effectiveness of the Rule 26(f) discovery conference and to encourage courts to provide input on key discovery issues at the outset of a case.”
The article goes on to describe the changes proposed by the University of Kansas Law Review advisory committee. For example, they suggest that Rule 26(f) discovery conferences be required to include a discussion of any issues surrounding electronically stored information (ESI). See the post for more details. Favro emphasizes that, were these recommendations to be implemented, their success would depend on whether the courts take them seriously. Will judges find it worth the effort?
Cynthia Murrell, September 05, 2013
August 29, 2013
Big Data is strongly impacting the way that we do business today and companies are continually coming out with better, more encompassing products to effectively utilize this unstructured data. The recent IDM article “ZyLAB offers visual classification for eDiscovery” explains how ZyLAB, a provider of eDiscovery and information management tools, will now be including visual classification and audio search within its suite of multi media data analytics tools.
The article states:
“ZyLAB’s Visual Classification automatically recognises pictures and identifies amongst others: people, babies, elderly people, flowers, cars, planes, in- and outdoor scenes, and many other concepts. The new functionality is perfectly usable for the identification of images of personal identifiable information (PII), potential intellectual property, handwritten notes, check’s, ID’s, and other information that otherwise cannot be recognised automatically.”
Zylab is currently the first provider to market this technology in the eDiscovery space and this helps streamline workflow processes.
Jasmine Ashton, August 29, 2013
August 15, 2013
One of the byproducts of departmental organization in the enterprise has been the invariable occurrence of competing needs between different departments. An article from Exterro, “Aligning E-Discovery Software and Data Management with Enterprise Security Requirements,” presents one of these cases where ideas are at odds.
IT security controls and e-discovery technologies, while they both involve sensitive electronically stored information (ESI), have evolved independent of each other — according to the article.
While IT security has mainly been concerned with protecting networks from unwanted access or tampering, e-discovery systems have been designed with access in mind. Different groups – mostly comprised of legal professionals – need to analyze and manage large volumes of documents. As one analyst recently described, data security has always been the ‘elephant in the e-discovery living room.’
For organizations dealing with this struggle, we recommend implementing a component like Cogito Intelligence API that offers businesses concerned with avoiding risks the confidence in using a solution already embedded with corporate security measures. Expert System has over a decade of experience with semantic technology and creating solutions for businesses that emphasize security concerns while still extending access to appropriate users.
Megan Feil, August 15, 2013
August 13, 2013
When eDiscovery came onto the scene it changed the way information was processed, which in turn changed laws and litigation. Clearwell Systems’s eDiscovery Blog takes “A Comprehensive Look At The Newly Proposed eDiscovery Amendments To The Federal Rules Of Civil Procedure.” The Standing Committee on Rules of Practice and Procedure approved for public comment amendments that are supposed to streamline discovery, encourage cooperative advocacy, eliminate gamesmanship, and most importantly provide solutions for the endless eDiscovery–related problems. The blog plans to cover all the proposed amendments with insights on how they will affect judicial case management. It will pay special attention to Federal Rule 37(e) that will crate a uniform national standard for discovery sanctions stemming from failures to preserve evidence.
What exactly will the amendments change?
“Drafted by the Civil Rules Advisory Committee, the proposed amendments are generally designed to facilitate the tripartite aims of Federal Rule 1 in the discovery process. To carry out Rule 1’s lofty yet important mandate of securing “the just, speedy, and inexpensive determination” of litigation, the Committee has proposed several modifications to advance the notions of cooperation and proportionality. Other changes focus on improving “early and effective judicial case management.” Judicial Conference of the United States, Report of the Advisory Committee on Civil Rules 4 (May 8, 2013) (Report).”
So far Rule 1 is trying to make lawyers and associated parties play together nicely. No doubt parameters will be set, but would it not be easier to have everyone watch a few episodes of Sesame Street?
Whitney Grace, August 13, 2013
August 7, 2013
Isn’t Xerox a copier company? Well, lately it has also been doing litigation and eDiscovery work. Now, Yahoo Finance tells us in “Xerox Acquires Customer Value Group,” the company is adding cloud-based customer service to its repertoire with its latest acquisition. (No word here on how much Xerox shelled out in this deal.)
Customer service? Our top goose remarks that he once called Xerox for help with a DocuTech scanner. He was reminded to ask his assistant whether he is still on hold.
The write-up tells us:
“Leading software company Customer Value Group’s key Software as a Service (SaaS) cloud application enhances cash collections of diverse firms by simplifying management of customer credit, collections, and disputes. It has an in-depth expertise in cloud-based accounts receivable software and manages the order-to-cash process that is related to approximately $15 billion of revenues in eight countries and multiple currencies.
“With this acquisition, Xerox aims to strengthen itself as a as a stand-alone software application provider for managing internal finances of various companies. As part of its finance and accounting process outsourcing services, Xerox will offer Customer Value Group’s Value+ product to its clients.”
The article emphasizes that Xerox will continue to comb the globe for choice enterprises to snap up in the years ahead. The company, based in Norwalk, Connecticut, now houses three operating segments, Technology, Services, and “Others”. That last one— well, that’s one way to avoid boxing yourself in.
With a focus on innovation and leading-edge software, The Customer Value Group boasts of a typical ROI 5 to 10 times the cost of engagement. The London-based company brings several prominent credit, collections, and customer-service clients to the table.
Cynthia Murrell, August 07, 2013
July 19, 2013
An article on Yahoo titled Yippy, Inc. (YIPI) to Acquire Gigablast, Inc. And Web Research Properties, LLC to Expand Consumer Search, Enterprise, and eDiscovery Products reported on the important acquisition by the young company. Yippy, Inc. is a search clustering tech company based in Florida with some innovative eDiscovery resources. Matt Wells, the founder of Gigablast states in the article,
“Gigablast and its related properties can provide advanced technologies for consumer, eDiscovery, and enterprise big data customers. Gigabits, a related program, is the first operational enterprise class clustering program which I put into service in 2004. Yippy’s Velocity platform was essentially based off of my original work which will allow Yippy to sell behind the firewall installations for all types of search based applications for enterprise and eDiscovery customers.”
Yippy’s Chief Executive Rich Granville claims that the acquisition will not only benefit customers through technological innovation but by low costs. He directed interested parties to a demo that might illustrate the massive potential in the merger of these companies. The demo shows that the combined indexing of billions of pages of data has already begun, although not when it will be complete. What is less clear is who is indexing what in this tie-up?
Chelsea Kerwin, July 19, 2013