Recommind Named 193 in Deloitte Technology Fast 500

November 12, 2011

In case you missed it because this business was moving so darned fast it did not register, predictive information management software company Recommind was recently ranked 193 in the Deloitte 2011 Technology Fast 500.

The Fast 500 is a prestigious ranking of the 500 fastest-growing technology, media, telecommunications, life sciences and clean technology companies in North America. Rankings are based on percentage of fiscal year revenue growth during the period from 2006-2010, in which time Recommind’s revenue grew 416 percent.

In the November 1st new release “Recommind Again Named One of North America’s Fastest Growing Companies in Deloitte 2011 Technology Fast 500” Recommind CEO Robert Tennant said:

“One of the few constants in modern business is the exponential increase in corporate data.The struggle to find relevant information is draining the resources of the world’s largest organizations. It affects everyone from the CEO to the director of IT to the in-house counsel to the average employee just trying to find an email. Fortune 500 companies are desperate for a new approach to information management, which is exactly what we give them with products like Axcelerate eDiscovery, Decisiv Search and Decisiv Email.”

I think we’re all excited to see where this company is headed and to watch it stretch and grow.

Jasmine Ashton, November 12, 2011

Kroll Rolls Out Self Serve eDiscovery

November 4, 2011

It’s just a matter of common sense. With so much at stake, what company wouldn’t want to be in full control of their e-discovery processes? EWeek.com reports that “Kroll Ontrack Unveils Do-It-Yourself E-Discovery Cloud Service.”

Kroll Ontrack launched its cloud-based e-discovery service last autumn. Now its newest version places more control into the hands of clients’ legal teams. The write-up describes the update:

Kroll’s new Verve e-discovery software as a service (SaaS) enables users to upload data, select processing criteria, conduct early data assessment and review, and manage production in a Web-based interface. The service gives corporations and law firms more control of e-discovery projects without requiring upfront purchase or maintenance of infrastructure, hardware or security, as is the case with conventional e-discovery software packages.

The company’s VP of SaaS Products, Ken Ewell, boasts that the product can process, on average,  800GB per day and is provides an intuitive interface equipped with a wide range of data sorting tools. The Verve review platform can then be used to make sense of it all.

We’re all in favor of do-it-yourself e-discovery. Avoid the orange jumpsuit, maybe? Or, if you make an error, get a free orange jump suit and time in the prison library to review the rules of discovery. eDiscovery is not a cafeteria. There is something called law school and expertise we think.

Cynthia Murrell   November 4, 2011

Sponsored by Pandia.com

The Perils of Searching in a Hurry

November 1, 2011

I read the Computerworld story “How Google Was Tripped Up by a Bad Search.” I assume that it is pretty close to events as the “real” reporter summarized them.

Let me say that I am not too concerned about the fact that Google was caught in a search trip wire. I am concerned with a larger issue, and one that is quite important as search becomes indexing, facets, knowledge, prediction, and apps. The case reported by Computerworld applies to much of “finding” information today.

Legal matters are rich with examples of big outfits fumbling a procedure or making an error under the pressure of litigation or even contemplating litigation. The Computerworld story describes an email which may be interpreted as having a bright LED to shine on the Java in Android matter. I found this sentence fascinating:

Lindholm’s computer saved nine drafts of the email while he was writing it, Google explained in court filings. Only to the last draft did he add the words “Attorney Work Product,” and only on the version that was sent did he fill out the “to” field, with the names of Rubin and Google in-house attorney Ben Lee.

Ah, the issue of versioning. How many content management experts have ignored this issue in the enterprise. When search systems index, does one want every version indexed or just the “real” version? Oh, what is the “real” version. A person has to investigate and then make a decision. Software and azure chip consultants, governance and content management experts, and busy MBAs and contractors are often too busy to perform this work. Grunt work, I believe, it may be described by some.

What I am considering is the confluence of people who assume “search” works, the lack of time Outlook and iCalandar “priority one” people face, and the reluctance to sit down and work through documents in a thorough manner. This is part of the “problem” with search and software is not going to resolve the problem quickly, if ever.

Source: http://www.clipartguide.com/_pages/0511-1010-0617-4419.html

What struck me is how people in a hurry, assumptions about search, and legal procedures underscore a number of problems in findability. But the key paragraph in the write up, in my opinion, was:

It’s unclear exactly how the email drafts slipped through the net, and Google and two of its law firms did not reply to requests for comment. In a court filing, Google’s lawyers said their “electronic scanning tools” — which basically perform a search function — failed to catch the documents before they were produced, because the “to” field was blank and Lindholm hadn’t yet added the words “attorney work product.” But documents produced for opposing counsel should normally be reviewed by a person before they go out the door, said Caitlin Murphy, a senior product manager at AccessData, which makes e-discovery tools, and a former attorney herself. It’s a time-consuming process, she said, but it was “a big mistake” for the email to have slipped through.

What did I think when I read this?

First, all the baloney—yep, the right word, folks–about search, facets, metadata, indexing, clustering, governance and analytics underscore something I have been saying for a long, long time. Search is not working as lots of people assume it does. You can substitute “eDiscovery,” “text mining,” or “metatagging” for search. The statement holds water for each.

The algorithms will work within limits but the problem with search has to do with language. Software, no matter how sophisticated, gets fooled with missing data elements, versions, and words themselves. It is high time that the people yapping about how wonderful automated systems are stop and ask themselves this question, “Do I want to go to jail because I assumed a search or content processing system was working?” I know my answer.

Second, in the Computerworld write up, the user’s system dutifully saved multiple versions of the document. Okay, SharePoint lovers, here’s a question for you? Does your search system make clear which antecedent version is which and which document is the best and final version? We know from the Computerworld write up that the Google system did not make this distinction. My point is that the nifty sounding yap about how “findable” a document is remains mostly baloney. Azure chip consultants and investment banks can convince themselves and the widows from whom money is derived that a new search system works wonderfully. I think the version issue makes clear that most search and content processing systems still have problems with multiple instances of documents. Don’t believe me. Go look for the drafts of your last PowerPoint. Now to whom did you email a copy? From whom did you get inputs? Which set of slides were the ones on the laptop you used for the briefing? What the “correct” version of the presentation? If you cannot answer the question, how will software?

Read more

HP and Autonomy to Effect Change on Each Other

October 11, 2011

It was recently announced that HP would acquire Autonomy for $10 billion.  The article, Exclusive: HP’s New Software Guy Hints at Products to Come, on InfoWorld discusses the changes coming to HP due to the merger as told and hinted at by Mike Lynch, CEO of Autonomy in a recent interview.
 
Autonomy’s major product, IDOL Structured Probabilistic Engine (SPE), is described by Lynch as “advanced probabilistic technology for unstructured information…bring(ing) business intelligence to structured data. IDOL SPE can automatically make connections in the data that the standard search engine cannot,” as quoted by a recent EWeek articlehighlighting Autonomy reconfiguration of the tool.
 
That directional intent on structured data, however, is not seen in the InfoWorld article. Rather, Lynch is quoted as saying,
 
Unstructured information growth is so high now, and it’s becoming such a core part of what we have to do within the enterprise, that it’s time for the database to be eclipsed by something that can handle both rather than just one type of information.
It will be interesting to see in what direction Autonomy moves now that their acquisition by HP is a done deal.  Will they continue to move into the structured data management direction or turn their attention back to unstructured data?  How will HP’s contributions play into their decisions?  Regardless of how Autonomy’s IDOL SPE changes HP will definitely see some changes thanks to Autonomy’s innovating ideas and services.
 
Catherine Lamsfuss, October 11, 2011

ZyLAB Deposits Bank in Client List

October 10, 2011

ZyLAB adds to its success as its software is adopted for litigation and investigations with a leading commercial bank.  “Large Global Banking and
Financial Services Company Selects ZyLAB eDiscovery System,”
tells more.

ZyLAB, a leading eDiscovery and information management technology company, today disclosed that another top financial institution serving the US and abroad has selected the ZyLAB eDiscovery & Production System to manage the identification, preservation, legal hold, collection, analysis, review and production phases of the Electronic Discovery Reference Model
(EDRM). The on premise software deployment within one of the world’s largest financial services companies will facilitate internal forensic data investigations and eDiscoveries.

ZyLAB is widely used throughout the legal, corporate, and governmental
world.  The Workflow module and Back Office system seem to both be
integral pieces to their success; a success which we predict will continue
to grow.

Emily Rae Aldridge, October 10, 2011


Study Sets Stage for Vapor Niches

October 7, 2011

The global market intelligence firm International Data Corporation (IDC) has published a new vendor assessment profiling the leading providers in the worldwide standalone early case assessment (ECA) applications market which is currently an undeveloped niche. This report rigorously scores current search software providers and predicts their market capabilities and strategies.

The Sept 19 news release IDC MarketScape: Worldwide Standalone Early Case Assessment Applications 2011 Vendor Analysis reveals leaders in a hitherto unknown niche. The release states:

DC sized the revenue for the standalone ECA applications market at $281 million in 2010. The top 5 vendors, by revenue, accounted for 71% of total revenue during this period. Given the reported revenue growth of the market leaders in the first half of 2011, IDC forecasts revenue for the standalone ECA applications market will total $400.8 million in 2011 and will reach $857.0 million in 2015,” said Vivian Tero, program director, Governance, Risk & Compliance (GRC) Infrastructure at IDC.

Consultants and advisors continue to struggle to get their arms around vendors who are changing direction without logic, notice or much reason.  Consultants who fail to recognize this run the risk of creating “vapor niches”.

Jasmine Ashton, Sept 24, 2011

Data Retention: Will Courts Drive Information Governance?

October 2, 2011

Beleaguered search and content processing vendors are chasing market segments where there is money. The vendors’ systems may not be well suited to address niche specific requirements, but that have not stopped purveyors of findability fantasies in the past.

I read an interesting article the other day in the field of electronic discovery. According to Proactive Retention Means Effective Preservation in eDiscovery, legal costs and court sanctions can be effectively reduced by implementing an information governance strategy.

The article sites a recent industry survey and several 2011 legal cases from across that country to drive home the point that better data retention practices yield more successful document preservation results. Writer Philip Favros states that in the case of Haraburda v. Arcelor Mittal U.S.A. inc:

“…The court tied a litigant’s preservation duty to its document retention efforts.  In order to discharge its duty to reactively preserve evidence, the court reasoned that enterprises must proactively create ‘a ‘comprehensive’ document retention policy that will ensure that relevant documents are retained.’ Failing to implement a retention policy often results in a loss of key information.  And this, opined the court, may result in sanctions.”

With the hoo-hah about governance choking SharePoint and other special interest information services, are we now at the point where courts will force organizations to get their data management, editorial processes, and records management methods in working order? What’s obvious is that a general purpose search system is ill suited to cope with the type of information requirements the legal processes require. Ad hoc “index it now, to find out if we are guilty” methods are easy to sell to those who wonder, “Are we guilty?” However, the slap dash approach can add friction to an organization’s response to a legal matter. Marketing is of little help when the fines and sanctions arrive. Where are those marketers? Probably playing golf or pitching fantasy solutions to another market segment. Will the azure chip consultants pinpoint such situations? Nah, those folks are worrying about billable hours and writing reports about “governance”. Good work for English majors, failed Web masters, retooled librarians, and those who should be making cookies.

Jasmine Ashton, October 2, 2011

Sponsored by Pandia.com

Flock of Articles Provides Search Summary

September 18, 2011

Chris Dale’s rundown of the latest tech news is quite useful. “A Flock of Articles on Computer-Assisted Document Review,” will quickly get you up to date on recent developments. Half a dozen articles are highlighted, with commentary provided for each.

Here’s Dale’s commentary:

Look next at an article in Legal Technology News by Farrah Pepper, of counsel at Gibson, Dunn and Crutcher called Robot Review: Will predictive coding win the trust of the courts? Like Judge Peck in the speech reported in my article, Farrah Pepper reviews some of the cases and learned papers.

The issue comes to the surface as Recommind applied for a patent for its predictive coding technology. He asserts:

Predictive coding software providers claim they can automate much of the document review process, with human guidance. Documents can be prioritized into likely order of importance, typically based on a “learning set” of documents coded up front by a subject matter expert, they explain. That essentially creates a rebuttable presumption of relevance for other coding that can be tested via sampling and revised if necessary. Then, the argument goes, the attorneys leading the case can dig into the substance a whole lot faster.

Keep an eye on the matter as it continues to develop. The courts will have to decide on the issue one way or another, as technology will continue to push.

Emily Rae Aldridge, September 18, 2011

Sponsored by Pandia.com, publishers of The New Landscape of Enterprise Search

Possible Changes Ahead for eDiscovery Rules

September 8, 2011

E-discovery 2.0 asks, “New eDiscovery Rules on the Horizon?” Potential amendments to the Federal Rules of Civil Procedure are to be discussed at a mini-conference scheduled for September 9, 2011 by the Advisory Committee on Civil Rules. Writer Matthew Nelson explains the significance of this meeting:

The mini-conference is important because it is part of a seven step process that could ultimately lead to new rule amendments affecting all litigators and the organizations they represent.  Any new rule proposals developed by the subcommittee at the September mini-conference will be considered by the Advisory Committee this November in Washington D.C.   The proposals, in one form or another, could ultimately become law.  Both Supreme Court and Congressional approval are ultimately required.

One area that cries to be addressed is the controversial question, at what point does the duty to preserve evidence kick in? If the answer is when a complaint is served, that may leave too much leeway for evidence destruction at the first sign of a potential complaint.

Many feel that the current rules are too murky, making companies anxious about what they must do to avoid future sanctions. Further complicating the picture are questions about the impact of cloud computing on civil litigation.

We’re just at the beginning of the long process of amending these rules. If your business is concerned with eDiscovery, though, you’ll want to keep up on the progress.

Cynthia Murrell, September 8, 2011

Sponsored by Pandia.com

StoredIQ Releases New eDiscovery App

August 31, 2011

StoredIQ, one of the leading companies in the field of internet-based legal discovery has just announced the release of StoredIQ Integrated Legal Hold, a product designed to streamline the legal hold process. Integrating many different aspects of the discovery process, including notification, acknowledgement, and collection and preservation, this new package is intended to simplify the process for users. We learned:

We want to change the customer mindset to define Legal Hold as not just the simple act of notifying custodians to preserve relevant data, but see it as a holistic process that includes notification tightly coupled with the collection and preservation of responsive data,” said Amir Jaibaji, vice president of product management for StoredIQ.

The product makes it easier for companies to comply with all aspects of case law, a process which, in the past, was a daunting task for those involved. By integrating Legal Hold with DiscoveryIQ, the company’s eDiscovery application, all aspects of the discovery process are contained in one simple, easy-to-use program. This is all part of StoredIQ’s plan to not only ease the process, but to redefine the Legal Hold concept itself – to consider it a “holistic process” in which every step is part of the same overall plan.

Jody Barnes, August 31, 2011

Sponsored by Pandia.com

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