Historical Essays

Historical Essays2024-01-12T09:40:35-06:00

Historical eDJ Group essays from 2008-2018 have been migrated from the formal eDiscovery analyst site. Formatting, links and embedded images may be lost or corrupted in the migration. The legal technology market and practice has evolved rapidly and all historical content by eDJ analysts and guest authors were based on best knowledge when written and peer reviewed. This older content has been preserved for context and cannot be quoted or otherwise cited without written permission.

Cloud Providers and Information Governance

Migrated from eDJGroupInc.com. Author: Steve Markey. Published: 2012-05-29 09:00:01  This past week I was at the Business of the Cloud conference in Dallas, TX and sat next to Adam Swidler, a senior manager at Google.  He went on to educate me about Google Vault and their retention functionality.      And, as I sat there playing around on my iPad with this new service (an improvement from [...]

Is Your Privilege Mired in Your TAR?

Technology Assisted Review (TAR) has dominated our recent briefing sessions with providers and consumers alike. Consumers want eDJ to clarify the terminology, technology and market hype surrounding recent cases. Providers have expressed their frustration with the portrayal of TAR as some kind of ‘Easy Button’ that will magically reduce your review expense by 95%. Really. We are hearing second hand stories like, “But VendorX says his system only needs to train with 5%.” Early TAR innovators like DiscoverReady’s CEO Jim Wagner long ago understood that, “It’s not the technology. It’s the people and process.” That can be a complicated message for a relatively unsophisticated consumer who reads blogger headlines instead of the actual transcripts. Discovery and review cease to be easy or routine as the volume and composition of potential collections exceed the ability of a single reviewer to manually code every item. Beyond simple relevance the additional complexities of privilege in TAR keep coming up in our briefings.

Responding to Government Requests for eDiscovery Front and Center in NYC

Migrated from eDJGroupInc.com. Author: . Published: 2012-05-30 09:00:33  I was in New York City last week for some meetings and to attend the UBIC seminar at the lovely Harvard Club in midtown.  UBIC has been on my radar for awhile since they are an Asian company trying to enter the US market.  I have a personal interest in international data privacy rules and the [...]

Filers vs Finders – The Challenge of Defining Records

Do you file your critical email in folders or just search for what you need? Filer or finder does not matter until your company decides to clean up its digital landfills. Records management sounds easy at first. Users designate actual business records and some system expires (deletes) non-record communications and loose Office files after an acceptable time for business use. Microsoft introduced Managed Folders for Outlook 2007 to support this exact process. Although they could have replicated the same functionality into normal file shares (directories), they chose to nudge the market to migrate loose content to Sharepoint for many reasons. The entire ‘foldering’ concept is dependent on overburdened users taking the time and effort to make active decisions on every email they send or receive. Many users have given up trying to file email or files into the appropriate folders and instead just rely on Outlook/Windows search (weak) or aftermarket desktop search engines like X1 or ISYS to find items when they need them. So how does a company minimize user (and productivity) impact while implementing a selective retention initiative (i.e. stop keeping everything)?

Litigation Hold Series Part One: Leveraging Your Information Security Risk Procedures

Migrated from eDJGroupInc.com. Author: Amber Scorah. Published: 2012-06-04 12:55:01  The best way to avoid costly disputes over the adequacy of eDiscovery processes and collections is to build a defensible litigation hold business process.One means of doing this is by leveraging a company’s information security capabilities.  Security risk assessment procedures can be used as an aid in building a defensible process around the execution of [...]

EDRM Model Code of Conduct for the eDiscovery Industry

Migrated from eDJGroupInc.com. Author: . Published: 2012-06-06 12:37:48  I recently spoke with Eric Mandel, National eDiscovery Counsel with Zelle Hofmann in Minneapolis, about the EDRM Model Code of Conduct (MCoC), which was officially published late last year.   The EDRM Model Code of Conduct project was initiated in May 2007 by many EDRM participants who were concerned about the lack of ethical direction for those [...]

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Essays, comments and content of this site are purely personal perspectives, even when posted by industry experts, lawyers, consultants and other professionals. Greg Buckles and moderators do their best to weed out or point out fallacies, outdated tech, not-so-best practices and such. Do your own diligence or engage a professional to assess your unique situation.

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