First in a short series of how to articles by Shree Sharma. The focus is on key questions/decisions when gearing up for a high volume review with a tight deadline. Too many authors are scared of sharing their consulting ‘secret sauce’ when they write. Success is not about having the perfect checklist or outline. Got a favorite discovery scenario you would like explored? Send [...]
The matter and article highlight the increased risk that corporate trade secrets and confidential data may be disclosed by the largely remote corporate workforce. I appreciate the well-structured guidance and concrete action steps proposed. The authors recommendation to perform an IP audit is a good starting point. However, I would add the need for automated categorization solutions that flag and highlight files and communications [...]
The FRCP amendments have consistently pushed litigants to meet and confer earlier in the discovery process. This amendment focuses on defining the agreed deposition topics before or immediately following notices of deposition. That would certainly prevent some of the long and boring series of depo questions I have endured that were outside of my designated scope for a client. I am hoping that this [...]
I wanted to take advantage of Rob Robinson’s timely release of his Winter 2021 eDiscovery Pricing Survey Results and compare a few key prices with those I calculated in my blog analysis of the TAR fight order in Lawson v. Spirit Aerosystems. I appreciate and encourage Rob to keep running his surveys. Seventy nine respondents (n=79) is quite respectable given the recent proliferation of [...]
Another good find and commentary by Doug Austin, A Time of Discovery – A History of Electronic Disclosure (Part One). I like how he pointed out how the UK’s disclosure rules were updated in the same time frame as our FRCP amendments. Civil litigation and arbitration rules vary wildly by international venue. That was a big shock to me as a young product manager [...]
These kinds of parallel acquisitions generally happen right after a round of funding. To provide some context, Exterro was founded in 2004 and took $100M round of funding in 2018. Zoominfo has them at $36M in revenue with 170 employees (grain of salt). Founded in 1987, AccessData was one of the first forensic tools I used during my CSI years. Owler has AD’s at [...]
Provider pricing and custodial metrics are often impossible to find because so much of the eDiscovery market insists on wrapping sales in NDAs. That can be frustrating to a consultant who specializes in solution proposals, ROI analysis and RFP engagements. So you can imagine how happy I am to share the public details gleaned from digging through the actual order and Casetext’s fabulous synopsis. [...]
The legal hold notice market is dominated by cloud services that use a wide variety of security methods to send out your notices from their trusted domains. Having implemented a large number of these systems recently, I can tell you how difficult it can be to establish that trust relationship and bypass all the spam/virus/phishing filters to ensure that all custodians receive their hold [...]
I am encouraging peers to take Rob’s survey. We all need better data and insight. As someone who has written a lot of these kinds of annual surveys, I always struggle between wanting to keep the questions identical to show trends and wanting to adapt them to the current purchasing realities. In this case, there are several questions that are starting to age out [...]
The pace of corporate migrations to Microsoft 365 (the new name for Office 365) has accelerated over the last nine years (2011 launch). I have supported these migrations of most of my long term clients with policy reviews, preservation audits, workflow adaptions and more. Two to five years post-migration my health checks and annual discovery metrics reports tell a universal tale of bloated mailboxes. [...]