April 16, 2013
The complex issues surrounding eDiscovery only get more tangled when you consider cross-border transfers of information. Prominent eDiscovery and data management firm Zylab held a helpful webinar on the matter, and supplies a summary of it (and more) in an interview with the Metropolitan Corporate Counsel. The company’s Mary Mack speaks in, “Today’s Most Challenging Litigation Cost Issues: Privacy, Privilege, and Over-Preservation Related to ESI” [Electronically Stored Information].
Mack explains issues around the evolving global eDiscovery landscape clearly and concisely—I highly recommend the article. She touches on social media privacy and the costs of over-preservation. She also supplies timely insights into international developments. For example, she states:
“It has been very difficult for companies to move data for legal purposes across borders and in a timely manner. The EU is now trying to clarify the rules with respect to data protection, but in doing so it has opened up a whole can of worms and a world of opportunity. Under the EU draft, there are permissions to get and standards to achieve with respect to things such as apps, cookies and cloud computing. Silicon Valley has been lobbying quite a bit on this issue because apps and cloud are international, just as the Internet is international.
“Also, the EU is working with APEC (Asian Pacific Economic Cooperation) on privacy rules. Therefore, it is doubly important that there be U.S. involvement during this inflection time.”
Organizations around the world turn to ZyLAB for help with eDiscovery issues. The company was founded in 1983, with the release of the first full-text retrieval software for the PC. It’s eDiscovery/ Information Management platform, ZyLAB Information Management Platform, was released in 2010.
Cynthia Murrell, April 16, 2013
April 14, 2013
Oracle has released upgrades aimed at improving business outcomes and simplifying IT requirements, we learn from a press release posted at MarketWatch, “Oracle Extends Business Analytics Portfolio Empowering Organizations to Transform Data Into Insights.” Both Endeca Information Discovery and Oracle Business Intelligence Foundation Suite have been enhanced. The company points out that both solutions perform best on their tailor-made Exalytics In-Memory Machine. The write-up informs us:
“Oracle Endeca Information Discovery 3.0 delivers a completely redesigned user interface that offers new drag and drop visualizations to provide users with a superior discovery experience, new personal data load for business users to add their own Excel data files to IT provided data, and new Oracle BI Server connectivity, to leverage trusted data from existing analytic applications, along with other features.
“Oracle Business Intelligence Foundation Suite Release 18.104.22.168 delivers significant enhancements to usability, mobility, user experience and Big Data integration, enabling organizations to analyze critical information and get the intelligence they need to optimize their business.
“Endeca Information Discovery and Oracle BI Foundation Suite run better on Oracle Exalytics In-Memory Machine, the industry’s first engineered system for Business Analytics. Oracle Exalytics takes best-in class analytics and in-memory software engineered on high-performance hardware to reduce the cost and complexity of IT infrastructures while increasing productivity and performance for data discovery, business intelligence, modeling and planning applications.”
This Exalytics machine has the potential to make the entire BI undertaking much, much simpler. Endeca, acquired by Oracle in 2011, has long been a strong player in the enterprise discovery field. Oracle’s BI suite integrates several key features in one platform: enterprise reporting, dashboards, ad-hoc analysis, scenario analysis, scorecards, and predictive analytics. The company’s commitment to supplying cutting-edge technology while maintaining easy-to-use interfaces is apparent in these latest improvements.
Cynthia Murrell, April 13, 2013
February 28, 2013
The eDiscovery process has been employed by businesses and government organizations for many years, but few and far between have developed standards for it. In an exciting and surprising news brief Enterprise Communications reports that, “New Committee Formed To Develop eDiscovery Process Standards.” The International Standards Organization (ISO) has taken upon itself to develop procedures for technology companies and their clients on how to handle digital data.
Methods have already been written for digital forensics and electronic data preservation, but nobody knew whose umbrella eDiscovery fell. It has mostly been tied to the legal community, but eDiscovery covers more ground than simple law.
“Generally, the concept has been well-received; eDiscovery practice leader at Stroz Friedberg, Tom Barnett, said: ‘eDiscovery is not a legal process. It’s a technical and engineering problem. You need a standard. Because it is a relatively new industry, a lot of people do things their own way. I think it’ll be good for the industry to be able to separate the people who are really serious about process and quality control from the people who aren’t.’”
The ISO will need to figure out what processes it needs to standardize and what will work related to the cloud, predictive coding, social networking, etc. It is a great leap forward for eDiscovery, but it is alarming that Europe is developing these standards first. Won’t the US Wild West methods work West of Manhattan?
Whitney Grace, February 28, 2013
February 19, 2013
Written tutorial guides do not help visual learners, so when videos were added it became much easier to learn and troubleshoot with someone doing the process in “real time.” The dtSearch Corporation is a renowned software company, specializing in text search and spidering for desktops and networks along with a range of search products for enterprise search, and engines for Linux and Windows. The dtSearch Corporation decided it was time to take to the Internet TV waves and make their own tutorial videos. Several videos about dtSearch have been posted on eDiscovery TV-Law Meets Technology. Each of the videos walks users through how to use dtSearch and take advantage of its many features. The tutorial comes in five parts:
With eDiscovery becoming more prevalent in the legal world, dtSearch created AccessData: “AccessData provides court-validated, state-of-the-art computer forensics, eDiscovery and cyber security solutions. Built on its gold-standard forensics technology, Forensic Toolkit, AD eDiscovery is a comprehensive electronic discovery software solution. In addition, AccessData’s legal review technology, Summation, is used by more law firms than any other solution.” EDiscovery is working its way through the news and dtSearch does not want to be forgotten. These videos are instructional, but they could be a push for legal technology conference attendees.
Whitney Grace, February 19, 2013
February 18, 2013
The practice of e-Discovery is currently blossoming in the legal system. It provides important insights in litigation and evidence for cases, but what does the future have in store for e-Discovery? Laura Zubulake was a plaintiff in a case that changed the legal system and how it uses technology. She was recently interviewed for Clearwell Systems e-Discovery 2.0 blog in the post, “Q&A With Allison Walton Of Symantec And Laura Zubulake, Author Of Zubulake’s e-Discovery: The Untold Story Of My Quest For Justice.”
Zubulake voiced that technology had advanced greatly for e-Discovery, but organizations have not made any great strides in information management. She believes as time goes on e-Discovery will become absorbed in information governance, though a need for e-Discovery experts will arise and require companies to bring in third-parties. Organizations will come to realize the importance of e-Discovery and start restructuring to include it. The government will be one of the main forces that drive e-Discovery adoption, especially when it comes to procuring information or evidence. State and federal governments will be among the first to have laws and procedures for using it. One of the biggest changes is that users will finally understand the power of search algorithms:
“Algorithms become an accepted search tool. Although keyword, concept, cluster, etc. searches will still play a role. For years, law enforcement, government, and Wall Street have used algorithms—the concept is not new and not without peril (significant market corrections were the result of algorithms gone wrong). Parties confronted with volumes of data and limited resources will have no choice but to agree to computer assistance. However, negative perceptions and concerns about algorithms will only change when there is a case where the parties initiate and voluntarily agree to their use.”
Will 2013 be the year e-Discovery is magically accepted without question? The technology will continue to advance and newer, “younger” organizations will be quick to adopt, but moving established organizations (like the government) is going to be pushing a boulder up hill. People like Zubulake are taking a hammer and finding the boulder’s weak point, then carrying the pieces up hill.
Whitney Grace, February 18, 2013
February 15, 2013
HP is on the move, leveraging their Autonomy investment with new features, we learn in the company’s announcement, “HP Autonomy Strengthens eDiscovery Solution with New Information Governance Capabilities.”
The crucial early case assessment (ECA) phase occurs at the onset of a legal procedure, when large volumes of data must be assessed quickly, thoroughly, and carefully. The press release informs us:
“Autonomy has extended its Meaning Based Coding (MBC) capability to its ECA module, further enhancing its in-depth eDiscovery analysis capabilities. Autonomy’s MBC capabilities enable organizations to automate analysis based on the Autonomy Intelligent Data Operating Layer (IDOL), which quickly categorizes data by concepts, ideas and patterns in information. Unlike traditional predictive coding technologies, MBC classifications are carried through to the review and production phase without new processing or indexing. As a result, Autonomy ECA can perform an analysis of the data faster, more accurately and at a lower cost.”
Also new is the software’s integration with HP’s Application Information Optimizer, which automates data migration and retirement. Furthermore, Autonomy has added native discovery functionality to the on-premise version of their archiving solution, Autonomy Consolidated Archive. They say these improvements streamline the eDiscovery process, saving money, time, and frustration.
Autonomy, founded in 1996, offers solutions that use IDOL to tame mind-boggling amounts of unstructured data. The technology grew from research originally performed at Cambridge University, and now serves prominent public and private organizations around the world. HP acquired Autonomy in 2011.
Cynthia Murrell, February 15, 2013
February 8, 2013
Another eDiscovery company purports to bring efficiency to data with software that can sort the crucial from the disposable. Catalyst promotes their Insight Predict predictive ranking tool:
“Predictive Ranking uses artificial intelligence to enhance human review. By enabling your review team to start with the most relevant documents first, your entire workflow is more focused and efficient. That translates to greater speed, lower risk and reduced discovery costs–and a lot fewer documents to review.”
Sounds familiar. Catalyst also offers yet another predictive solutions white paper, “Predictive Ranking: Technology Assisted Review Designed for the Real World.” The description explains:
“Most articles about technology assisted review (TAR) start with dire warnings about the explosion in electronic data. In most legal matters, however, the reality is that the quantity of data is big, but it is no explosion. The fact of the matter is that even a half million documents—a relatively small number in comparison to the ‘big data’ of the web—pose a significant and serious challenge to a review team. That is a lot of documents and can cost a lot of money to review.”
It goes on to insist that Catalyst’s solutions, of course, will save you much of that money. Our question– can we use this system to predict which company in the predictive analytics game is the best? It can be really difficult to tell. We’re still waiting for the shooting star in this field.
Catalyst began in the mid-90s as part of a major law firm, building their own secure, web-based document repositories. In 2000, the company launched as an independent contender in the eDiscovery field. The company is headquartered in Denver, Colorado.
Cynthia Murrell, February 08, 2013
February 2, 2013
When I hear the phrase “eDiscovery”, I don’t get chills. I suppose some folks do. I read after dinner last night (February 1, 2013) “Letter From LegalTech: The Thrills of E-Discovery.” The author addresses the use of search and content processing technology to figure out which documents are most germane to a legal matter. Once the subset has been identified, eDiscovery provides outputs which “real” attorneys (whether in Bangalore or Binghamton) can use to develop their “logical” arguments.
A happy quack to
One interesting factoid bumps into my rather sharp assessment of the “size” of the enterprise search market generated by an azure chip out. The number was about $1.5 billion. In the eDiscovery write up, the author says:
Nobody seems to know how large the e-discovery market is — estimates range from 1.2 to 2.8 billion dollars — but everyone agree it’s not going anywhere. We’re never going back to sorting through those boxes of documents in that proverbial warehouse.
I like the categorical affirmative “nobody.” The point is that sizing any of the search and content processing markets is pretty much like asking Bernie Madoff type professionals, “How much in liquid assets do you have?” The answer is situational, enhanced by marketing, and believed without a moment’s hesitation.
I know the eDiscovery market is out there because I get lots of PR spam about various breakthroughs, revolutions, and inventions which promise to revolutionize figuring out which email will help a legal eagle win a case with his or her “logical” argument. I wanted to use the word “rational” in the manner of John Ralston Saul, but the rational attorneys are leaving the field and looking for work as novelists, bloggers, and fast food workers.
One company—an outfit called Catalyst Repository Systems—flooded me with PR email spam about its products. I called the company on January 31, 2013. I was treated in an offhand, suspicious manner by a tense, somewhat defensive young man named Mark, Monk, Matt, or Mump. At age 69, I have a tough time figuring out Denver accents. Mark, Monk, Matt, or Mump took my name and phone number. He assured me that his boss would call me back to answer my questions about PR spam and the product which struck me as a “me too.” I did learn that he had six years of marketing experience and that he just “push the send button.” I suggested that he may want to know to whom he is sending messages multiple times, he said, “You are being too aggressive.” I pointed out that I was asking a question just like the lawyers who, one presumes, gobbles up the Catalyst products. He took my name, did not ask how to spell it, wrote down my direct line and did not bother to repeat it back to me, and left me with the impression that I was out of bounds and annoying. That was amusing because I was trying hard to be a regular type caller.
A happy quack to Bitter Lawyer which has information about the pressures upon some in the legal profession. See http://www.bitterlawyer.com/i%E2%80%99m-unemployed-and-feel-ripped-off-by-my-ttt-law-school/
Mark, Monk, Matt, or Mump may have delivered the message and the Catalyst top dog was too busy to give me a jingle. Another possibility is that Mark, Monk, Matt, or Mump never took the note. He just wanted to get a person complaining about PR spam off the phone. Either way, Catalyst qualifies as an interesting example of what’s happening in eDiscovery. Desperation marketing has infected other subsectors of the information retrieval market. Maybe this is an attempt to hit in reality revenues of $1.5 billion?
December 16, 2012
With a current arsenal of ediscovery and data recovery options, Kroll Ontrack is now offering a new search and restoration tool, Ontrack PowerControls through a partnership with Info X. The press release was found on Business Wire “Kroll Ontrack Partners with Global Distributor Info X to Address Demand for Granular Search and Restoration Software.”
Info X provides storage solutions to clients worldwide. Their partnership with Kroll Ontrack ensures that resellers will have access and technical support for the software solution. This is to replace a full-site restore or backup.
Exchange and SharePoint are the culprits of annual data loss according to a recent Kroll Ontrack survey of 326 individuals in IT, engineering and sales. Nearly half of organizations have this problem.
Sr. Manager of Enterprise Software Dan Leary, Kroll Ontrack was quoted in the article:
“This partnership with Info X enables more resellers to offer a powerful tool that addresses a common, but time-consuming problem. Ontrack PowerControls works directly with your backups and allows you to extract and restore only the items that you need, saving IT administrators 50 percent of restoration time when compared to using traditional methods.”
Altergrity Kroll expands into search and restoration software. Is this a sign there is room in the market or just a company putting feelers out in every possible arena? Time will tell.
Megan Feil, December 16, 2012
December 13, 2012
We’ve made a discovery regarding eDiscovery. The National White Collar Crime Center (NW3C) has teamed up with X1 Discovery to offer some social media eDiscovery training. So far, their “X1SD Class List” is quite short, with one low-profile event scheduled to be held in Dec 2012 in New York City. The class description reads:
“This course provides ‘hands-on’ training designed specifically to address the needs of social media investigators. Participants will develop the practical skills, insights, and knowledge necessary to successfully gather data from Facebook, Twitter, and Linkedln in a manner and form conducive to an investigation, whether that investigation is civil or criminal in nature.
“X1 Social Discovery Training will:
- Familiarize students with Facebook, Twitter and Linkedln;
- Teach Students how to use X1 Discovery to address social media content and information:
- Teach Students how to collect and authenticate information relevant to their investigations;
- Teach Students how to prepare reports; and
- Provide the students with practical exercises to enhance their skills.”
A central resource for state and local agencies fighting economic and high-tech crime, NW3C began in 1978 as the Leviticus Project, and was originally devoted to a specific multi-state investigation. In 1991, its mission was expanded to providing training, maintaining databases, and providing analytical services to agencies in all 50 states. Renamed the following year, the Center has vastly expanded its membership throughout the U.S. and into fifteen other countries.
Not surprisingly, X1 Discovery focuses on eDiscovery, with a current emphasis on social media and cloud-based data. The company designs its eDiscovery and enterprise search solutions specifically for IT and legal professionals. Originally founded by Idealab in 2011, X1 is based in Pasadena, California.
Cynthia Murrell, December 13, 2012