eDJ Contributor: Barry Murphy
Barry’s past experience includes covering content management, business process management, and Web services technology as an analyst with The Delphi Group. Prior to Delphi, Barry was a management consultant at the boutique eBusiness strategy consulting firm eMaven. In this role, he was responsible for both creating technology strategies and for managing projects to execute those strategies. Barry began his career in advertising with the DDB Needham agency.
Barry has spoken at numerous industry events, including the Forrester IT Forum, AIIM Conference & Expo, the ARMA conference, and LegalTech. At these events, he has delivered keynotes and provided industry expertise on moderated panels. He has been quoted in publications including the Wall Street Journal, KM World, Red Herring, Computer World, and Intelligent Enterprise, and has appeared as an industry expert on outlets such as CNBC.
Barry received a B.S. from the State University of New York at Binghamton and an M.B.A from the University of Notre Dame. He is an active member of both AIIM and ARMA.
Posts by Barry Murphy
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- May 3rd
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The Real Winners In Technology-Assisted Review Are…
It’s time to make a call: the biggest winner in Technology-Assisted Review (TAR) will be…wait for it…expert witnesses. For those of you not familiar with the role of an expert witness, according to Federal Rule of Evidence 702, “A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if: (a) the expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue;(b) the testimony is based on sufficient facts or data; (c) the testimony is the product of reliable principles and methods; and(d) the expert has reliably applied the principles and methods to the facts of the case.” When TAR is involved, such an expert must understand software, review processes and approaches, and advanced statistics – a tall order that will likely lead to hourly rates of over $1,000 for those willing to appear in court and show off their knowledge.
posted at 9:00am on May 3rd
- May 1st
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Amazon Has A Story To Tell In eDiscovery
The more I research The Cloud and how eDiscovery will be enabled in it, the more I realize how little of the full story has been told. Last week, we reported on X1 Discovery becoming part of the Amazon AWS (Amazon Web Services) ISV (Independent Software Vendor) program. Amazon’s ISV program for AWS is very new and if you search for eDiscovery on the ISV site, you won’t get a lot of results. In fact, I don’t think even Amazon understands just how much potential there is to be the only public Cloud provider with a robust cadre of eDiscovery solutions at the fingertips of customers. That could be a differentiator, especially for serial litigants or regulated companies that want to leverage Cloud-based solutions.
posted at 9:00am on May 1st
- April 18th
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eDiscovery Coming To The Cloud
While companies embrace The Cloud for various business purposes, the ability to conduct eDiscovery on information stored in The Cloud tends to be an afterthought – less than 16% of respondents in eDJ’s survey last year reported creating an eDiscovery plan before moving data to The Cloud. This number is not surprising. eDiscovery is not exactly the sexiest topic in the world and, unless a company has been burned before, there is less urgency to prepare for it. In addition, many just assume that, as long as data is searchable, eDiscovery requirements are met. It is not as simple as that, unfortunately. Recently, though, eDJ was briefed on product aimed at making eDiscovery of data stored in The Cloud possible in an efficient manner.
posted at 12:34pm on Apr 18th
- April 10th
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Information Governance Percolating In Companies
I had the opportunity to attend eDJ’s Peer Group meetings last week, where the topic of discussion was information governance (IG). The Peer Group meetings are fascinating because real IG practitioners speak up about very real issues. I was struck by how daunting the challenge of truly governing information is. As electronic data grows exponentially, managing the risk that information poses is harder and harder. For every effort a company takes to safeguard information, employees create a workaround if that effort impinges on the velocity of information. In turn, those workarounds lead to a vicious circle of eDiscovery nightmares.
posted at 9:00am on Apr 10th
- March 29th
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Social Media Governance Back In The News
My research on social media collection and preservation is getting more and more interesting. One of the bigger issues is user privacy. If I post information on FaceBook and use the proper security protocols to be specific about who I share that info with, should anyone else have a right to access it? The Stored Communications Act of 1986 would seemingly protect a user’s FaceBook content from being released to third parties – and it does, to an extent. The SCA prevents publishers from releasing an individual’s information to third-parties, even in response to a civil subpoena. But, it does not protect as much in the event of a criminal investigation and there are ways around the SCA for both criminal and some civil cases.
posted at 10:34am on Mar 29th
- March 22nd
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Da Silva Moore Fast Becoming Landmark eDiscovery Case
The Da Silva Moore case is quickly becoming a landmark matter in the eDiscovery realm. The use of Technology-Assisted Review (TAR), specifically predictive coding, in the case is the subject of much scrutiny at the moment. eDiscoveryJournal has covered the case extensively, including being the first to note that early headlines got Judge Peck’s opinion wrong – he had not ordered the use of predictive coding in the case or endorsed the technology of any single vendor; he had simply approved of the defendant’s use of predictive coding in this case.
posted at 11:11am on Mar 22nd
- March 15th
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Technology-Assisted Review: What Should We Call This Market?
Thanks to all who attended our technology-assisted review (TAR) for eDiscovery webinar. There was a great turnout and our guests – Chuck Rothman of Wortzman Nickle and Thomas Gricks of Schnader, Harrison, Segal & Lewis – offered valuable insights on how to use TAR and get value from it. Chuck also contributed an article to eDiscoveryJournal this week on what predictive coding really is. Chuck’s article title points out the confusion in the market about what different terms actually mean.
posted at 9:00am on Mar 15th
- March 13th
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Social Media Collection And Preservation
There are some that believe social media is replacing email. In reality, it will take time for social media adoption to occur and for everyone to abandon email – lots of time perhaps. As companies transition and begin to leverage social media, there is the opportunity to avoid the mistakes made in the email generation. One thing is clear: companies that dive into social media without the right policies and solutions to govern usage will encounter information governance and eDiscovery nightmares down the road.
posted at 1:00pm on Mar 13th
- February 7th
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Guidance Software Acquires CaseCentral: eDJ’s Take
Today, Guidance Software announced the acquisition of CaseCentral, a provider of EDD processing and review. According the press release, “under the terms of the agreement, Guidance Software will acquire CaseCentral for upfront consideration of approximately $17.1 million, consisting of $8.3 million in cash, $8.3 million in Guidance Software common stock, and the assumption of $0.5 million of debt, net of cash. Depending on CaseCentral’s SaaS revenue growth, Guidance Software may pay up to an additional $33 million in cash over the next three years.”
posted at 4:26pm on Feb 7th
- January 30th
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Barry Murphy Of eDJ Group Wraps Up LTNY Day 1
The first day of LegalTech NY 2012 was a whirlwind, to say the least. The day began very early with a breakfast kick-off meeting for the eDJ Peer Group. It was great to hear actual eDiscovery professionals – those who are on the ground dealing with the day-to-day issues – talk about the topics they would like to see eDJ’s research address. Among the leading topics: document retention and disposal; cloud security; legal review cost reduction; predictive coding; and more targeted collections. The general feeling at the Peer Group meeting is that companies are beginning to address broader information governance (IG) foundations upon which to build out more efficient eDiscovery processes. Over the last 4-5 years, companies purchased point solutions as band aids, but now want a more permanent solution. I got the sense that these folks were willing to [...]
posted at 9:55pm on Jan 30th