Essays

eDiscoveryJournal has noted the consolidation taking place in the eDiscovery market. Altegrity acquired Kroll; AccessData acquired Summation; Autonomy acquired CA’s Information Governance division. Rumors persist that Autonomy will buy OpenText (though these rumors point out that Autonomy has assembled a $1 billion war chest for the acquisition and the OpenTex market capitalization is $2.12 billion…rumors can sometimes be just that – rumors). Often overshadowed by the consolidation hype are the moves that eDiscovery vendors make to extend functionality organically.

Despite being a regular speaker on the eDiscovery conference circuit, this is my first time making the ILTA conference. The theme of the conference is Strategic Unity, expressed in social networking, new education initiatives and collaborative technologies. As a volunteer run organization, the tone at ILTA does not have the same frantic vendor driven character as Legal Tech has taken on. My panel session on ECA usage scenarios and perspectives seemed to go well, but that is always difficult to tell from the other side of the microphone. The top moments included Tom Morrisey’s “Voldemort, the software that cannot be named”, Chuck Kellner’s violation of the vendor profit oath and the agreement that there is no “ECA solution”, only features that support your ECA process. Imagine my surprise when Jim King dragged me over to the IPRO booth to proudly show me the Allegro banner proclaiming “Early Data Assessment”. Please forgive the iPhone picture quality…

The end of summer is bittersweet. Bitter because we move out of relaxation mode and back into high-stress mode. Sweet because business activities really heat up as everyone gears up to have a big fourth quarter. What can we expect in the eDiscovery market this fall? This article lists the things to watch out for over the next four months.

Now that ILTA 2010 has wound down, I have been reflecting on the striking differences between this educational networking event and the ‘big’ tradeshow , Legal Tech New York (LTNY). ILTA is volunteer-governed industry organization, although it is managed by a full time paid staff. It describes itself as a peer networking organization and that was certainly a large focus of the event including a heavy emphasis on social technology to forge new connections. This creates a curious blend of grass-roots community organizing within a tightly structured event agenda, somewhat like a national Scout Jamboree. The core value to “maintain vendor independence” includes an admirable “No Sales Pitch” rule for sessions and social events. I was handed a ‘No BS’ button to go with my speaker’s ribbon as a clear reminder.

With so many professionals newly drafted into the complex, dynamic eDiscovery world, there is an ever-increasing demand for educational resources (OLP, ALSP), conferences (ILTA, ARMA, LTNY, Georgetown Institute), associations and materials from authoritative bodies such as The Sedona Conference and the Electronic Discovery Reference Model. Many years ago, George Socha and Tom Gelbmann (EDRM founders) began encouraging the participation of independent, corporate and law firm professionals with alternative membership options. I am happy to report that non-providers make up over half of the 2010 Metrics project when I stepped down as the project co-lead. All of this leads up to this week’s announced shift to an ‘EDRM Anniversary Membership Model’ for single or all project participation. The membership cost for an individual is just $200/year and $1,000/year for organizations with 10 or fewer employees. In consideration of the 2008-9 economic downturn and the consolidation in the eDiscovery market, EDRM will continue to waive the individual membership fees for anyone who has lost their job recently.

One of the things I hear in vendor briefings more and more is early case assessment (ECA) happening even earlier. This can be referred to as “very early case assessment” or “ECA in the wild” or “in-place ECA.” At the end of the day, it’s all about moving ECA forward to happen in-line with identification and collection so that organizations can save money, make decisions earlier, and simplify the eDiscovery process.

In reading the morning’s headlines, an interesting statistic stood out to me - 51% of lawyers have lost a case in the last 3 months alone because of eDiscovery problems. The source of this data is not clear, but it came through the Twitter feed of Symantec’s Enterprise Vault team. Taking the stat at face value, it’s astounding – eDiscovery problems as the cause of a lost case. There is something very disheartening about any case being lost on anything other than its merits.

At the recent ILTA 2010 conference I managed to get briefed on quite a few new product offerings. I wanted to pass along the highlights quickly to keep them timely. I may follow up some of these snapshots with full deep dives, but I will stick to the high level takeaways. Let’s get right to it.IPRO is finally taking some strides toward integrating products into a single platform that share the Eclipse database backbone. They have released an ‘Early Data Assessment’ application named Allegro built on Windows Presentation Foundation for a dynamic, better interface and a completely new processing engine. IPRO conservatively estimates 250 GB per day on a laptop or up to 750 GB on a workstation, all without exploding or copying email or file containers. IPRO sells software, not appliances, so performance will vary with your hardware. Like many recent performance claims, the devil is in the details of the test collection and hardware. Providers seem to be very concerned with ingestion performance since NUIX broke the 1 TB per day threshold.

In order to keep my ILTA feedback as fresh as possible, I have decided to try a combined post that just pulls the highlights for a number of the providers that briefed me at the conference. I expect to follow up most of these highlights with a more in-depth piece after the full demo. I have pretty much given up on trying to do full product demonstrations at conferences. You just do not have the time to do them justice in the midst of the hustle and bustle. Nextpoint brings a true Saas/cloud offering to the market with their Trial Cloud, Discovery Cloud and Cloud Preservation web products based on Amazon web services. Their $25/GB/month flat pricing definitely challenges the established players and makes an interesting option for small firms or companies with matters below the usual hosting cost/benefit thresholds. My experience with raw internet transfer limitations says that Fedex will be making a lot of money for matters over 5 GB in size, but everyone seems to be used to shipping hard drives these days anyway.

There is a lot of focus on software applications in eDiscovery – ECA, identification and collection, legal hold. Not to diminish the importance of these applications, but often lost in the hype is the critical importance of the storage hardware and software that support these eDiscovery applications.