Monthly Archives: January 2024

In addition to the Boot Camp, we have now created a series of research reports that will give the market a good framework for understanding PC and the solutions available. The first report - Predictive Coding: What You Need To Know Now – is now live on the eDJ research site. This eDiscoveryJournal research brief, written by Karl Schieneman and Barry Murphy, explores eDJ’s survey results and market research into Predictive Coding and its impact on eDiscovery and Information Governance practices. The brief is aimed at eDiscovery professionals seeking to understand how Predictive Coding works in the review process and what to consider before making decisions on which Predictive Coding solutions to utilize.

We have all experienced the eDiscovery “flavor of the month”. Right now, it’s predictive coding. Previously it was analytics and before that it was early case assessment (ECA). Buzz around a particular new kind of software, platform or method is great for the eDiscovery community because it gives everyone a reason to research and discuss newer methods at conferences and in the press and blogosphere. However, this kind of buzz can become a drag on the industry when it percolates into the software and service provider selection process in an uninformed way.

Businesses of all sizes are migrating files from unstructured file shares to onsite and cloud based content collaboration systems at a remarkable rate. Microsoft’s SharePoint 2010 and 2013 are finally seeing rapid adoption and eDJ working analysts have seen increasing inquiries on managing eDiscovery and compliance risks in these new environments. Almost all of these new ESI repositories come with search indexes to support the end user experience and to satisfy new information governance requirements like the 2010 Dodd-Frank Act. We will be publishing a research report on the IT impact of the new ‘corporate transparency’ mandates shortly, but I wanted to explore the risks and benefits of leveraging the ‘in-place’ search indexes.

Migrated from eDJGroupInc.com. Author: . Published: 2013-05-20 10:55:06  I just got off the plane from NYC (Newark actually) to Austin and I’m glad it’s a Friday.  I had an exciting week in "The City" and was able to catch up with some wonderful people while I was in town.  The weather was perfect and I stayed at this cool new hotel called the Pod [...]

It has been a topic du jour, but social media discovery does not seem to be gaining the mindshare one might expect given the explosion in usage of social media. Almost 65% of respondents in eDJ’s social experience survey indicate using external social networks (e.g. Facebook, LinkedIn, Twitter) at work. I will not go into the litany of case law regarding the discoverability of social media in criminal and civil litigation. There are many JDs out there more qualified to dig into precedents and what they mean. Suffice it to say that social media is potentially discoverable and ignoring it could lead to sanctions, adverse inferences, and higher than expected eDiscovery costs.

Migrated from eDJGroupInc.com. Author: . Published: 2013-05-28 09:29:17  Fresh from getting off the plane from NYC and a day to get my laundry done, I hopped on a plane to Los Angeles to attend my first LegalTech West conference at the Westin Bonaventure.  I hadn’t been to the Bonaventure in about 10 years and was glad to see the upgrades they recently made.I was [...]

Migrated from eDJGroupInc.com. Author: Mikki Tomlinson. Published: 2013-06-03 09:23:29  The preliminary results of eDJ’s Legal Hold Notification 2013 Survey are in.  The survey shows that 45% of the 106 respondents rated their procedures “mature” for issue and release of legal holds.  However, only 23% of respondents indicated that they have mature audit and reporting capabilities.I have preached many times that “you can’t manage what [...]

When a client recently asked my opinion of the impact of the Dodd-Frank Act on corporate IT, I had to do that thing that consultants hate and admit that I had not even considered it. I knew that the ‘Wall Street Reform and Consumer Act’ was passed in reaction to the 2008 economic downturn, but the new requirements that I had researched all applied to my financial clients; banks, hedge funds, broker dealers or others already regulated by the SEC or CFTC. Then Dodd-Frank came up in an analyst briefing with a provider who was eager to burn analyst credits to get our perspective. That was enough for Babs Deacon and I to subject ourselves to large chunks of the 2,300 page law signed July 21, 2010 as well as an incredible array of secondary analysis scattered amongst the 13.3 million Google hits. The lack of blogs, reports or articles that actually applied to non-financial corporate IT gave the initial impression that the majority of public corporations were off the hook. Then I found an SEC statement that described the Act as “a framework that will support an entirely new regulatory regime”.

Migrated from eDJGroupInc.com. Author: . Published: 2013-06-05 09:00:43  An area of great interest for me is international eDiscovery.  I spent quite a bit of time in Europe in the mid-2000's doing forensic collections and onsite projects as well as serving the first couple of years on the Sedona International Working Group (WG6).   It was my experience that when dealing with data privacy issues in [...]

Indications are that eDiscovery solution purchases are about to become more strategic in nature. A decade ago, it was not uncommon to see non-competitive bids for eDiscovery business because so many purchases were reactive and made under intense time pressure. In the past several months, however, the inquiries from clients have become more intelligent and more specific – a sure sign that folks are getting ready to make more strategic investments in software and services.