Monthly Archives: January 2024

There is a great article from Christy Burke of Burke & Company about the eDiscovery disaster that could arise from the BP oil spill. Christy's article is detailed and comprehensive - a must-read for anyone wondering about the eDiscovery implications for the broader market and how to plan for some of those issues. From an information governance perspective, there are some quick takeaways I'd like to list (because this is yet another example of how proactive planning could avert the potential eDiscovery nightmares that can arise from extreme situations like this one):

Since the amendments to the Federal Rules of Civil Procedure (FRCP) went into effect in December 2006, organizations have struggled to effectively manage information in a manner that makes eDiscovery efficient. There was an assumption at the time that we could just extend records management policies to the rest of our information and solve the problem that way. But, records management is complex; corporate file plans are often well over 1,000 categories deep – how can employees be expected to classify every single document, email, or other information asset into a file plan category? The key is to make reasonable efforts to set retention policies for all content, and let records be classified by the experts into the file plan.

In May, 2010, Piper Jaffray & Company was sanctioned $700K for failure to preserve emails. The company was fined $1.65 million in 2002 for the same issue. At that time, the company implemented new archiving procedures and software in order to ensure that the same mistake would not occur. I take two things out of this story. First, it could be that the lower fine for this infraction is due to recognition that a good faith effort to retain information was in place. And second, archiving technology by itself is not enough to ensure that all necessary information can be preserved.

FTI Consulting has joined the ranks of companies offering a solution specifically targeted at collection and preservation of Microsoft SharePoint information.

One trend bubbling up recently is the need to control social networking content (e.g. Twitter, FaceBook, and LinkedIn) for compliance and/or eDiscovery requirements. The stories indicating this trend come from both the solutions side and the real-word side of things.

In some further eDiscovery market shifting, Kroll Inc was acquired by Altegrity this week. Kroll’s Ontrack division is one of the leading providers of eDiscovery solutions. It’s no secret that Kroll was for sale (it wasn’t a great fit with parent company Marsh McLennen) and that the price was lower than shareholders would have liked. Most of the pundits out there seem to think that Altegrity is a good landing spot for Kroll. I don’t disagree, but I do wonder what the future holds for Kroll Ontrack, specifically.

There is more news of market consolidation with the announcement that Autonomy will buy CA’s Information Governance division. CA slowly built the IG group with the purchase of iLumin in 2005 and then MDY in 2006. That gave CA the archiving and records management capabilities necessary to have the information governance foundation. Sadly, CA was just never the right fit and the information governance message was perhaps a little bit ahead of its time. Autonomy, meanwhile, doubled-down on eDiscovery with laser focus and has emerged as one of the most successful companies in the industry due to that commitment. It now has even stronger records management capabilities, even if it also has to deal with supporting a lot of duplicate technology.

GM has been asked to preserve all electronic communications instead of deleting them in accordance with its 60-day retention policy. A 60-day retention policy with no backup program in place is just another example of companies instituting retention programs that don't help the business and that virtually ignore good eDiscovery practices.

AccessData announced it will merge with CT Summation to form a single company, AccessData Group, LLC. The goal of merging the two companies is to deliver a solution capable of addressing all phases of the EDRM model. While the newly formed solution will touch the full spectrum of the EDRM, AccessData Group will face stiff competition from best-of-breed point solution providers, as well as larger enterprise software vendors, in a market where corporations are not necessarily decided on whether an integrated solution or a point solution is the right choice.

Yesterday I was the guest speaker for the monthly meeting of Houston Association of Litigation Support Managers (HALSM). When we polled for topics of interest, the first request concerned how to position and explain the value and role of outside service providers to attorneys at the law firm or corporate legal department. The recent economic downturn put pressure on litigation support staff everywhere to do more with less. Management are asking hard questions like, “Why do we need vendors if we have you?” Or worse, “If we have to use a vendor, why do we need you?” We had the highest HALSM meeting attendance in memory with 25-30 folks packed into a large conference room for the lively discussion.