Migrated from eDJGroupInc.com. Author: . Published: 2013-04-29 09:00:33 It’s been a crazy busy couple of weeks for the eDiscoveryJournal team as we crisscrossed the country educating the industry on eDiscovery topics near and dear to our hearts. I started out last week driving from Austin to Houston which allowed me to get caught up on two hours of phone calls (except for the “dead [...]
On April 19th, 60 invited delegates convened on Washington, DC to discuss with the Federal Rules Committee to discuss Technology Assisted Review. The object of the meeting was to have the delegates give their perspectives on whether the Rules currently being readied for public comment should incorporate changes that take into account the unique needs of TAR. My overall conclusion is that the Duke Conference was an outstanding event and it went along way to show that attorneys need more transparency when using TAR or it becomes very hard to effectively cooperate.
Migrated from eDJGroupInc.com. Author: Michael Fluhr. Published: 2013-05-02 09:00:10 I can't recall how many times I've received demands from opposing counsel for "all" relevant documents in my client's possession. Indeed, many court opinions support such an entitlement. Yet countless studies (Blair and Maron, TREC, etc.) show that even the best information retrieval technologies and practices fall well short of perfection. Courts have begun to [...]
I cannot remember how many consulting clients have asked me to review their retention policy/schedule without having any hard data on their unstructured digital landfills. Typical corporate records manager, “We’ve been working on this retention schedule for over a year. We have over a hundred categories identified. We just need your help defining our software requirements and defining the user process.” Even well intentioned clients frequently get the cart before the horse. Tell me about your data sources and the content profiles before we try to determine whether an archive, content management or other system is appropriate to enforce retention policies. Last week I participated in a webinar with Jim McGann of Index Engines on Data Profiling to control risk and cost. Index Engines has had onsite and service offerings for relatively low cost inventory/profiling of tape collections, shares, SharePoint and more when compared to typical eDiscovery processing costs. We are hearing the big data players like Symantec, IBM and HP-Autonomy push the business intelligence message, but that CIO-level pitch can fly right over the heads of legal, records management and IT admins who are struggling with the day-to-day data glut. So how can data profiling drain these corporate backwater data swamps?
Migrated from eDJGroupInc.com. Author: Michael Fluhr. Published: 2013-05-08 09:00:02 This is the continuation of my article from last week entitled “Partial Recall: Why Lawyers Can't Have (And Really Don't Need) All Relevant Documents”I find it exceptional the Court found it reasonable and proportional for Biomet to follow eDiscovery procedures predicted to result in the production of only 40% of the relevant documents (40% recall)---a [...]
Information Governance (IG) is an incredibly complex task thanks to the distributed ways in which companies create and store information. The holy grail of IG is centralized management of distributed information assets. Much like the King Arthur’s grail, this IG grail is difficult, if not impossible, to find. Enterprise Content Management (ECM) approaches have not worked and enterprise search has not proven to impact the high costs associated with such activities as eDiscovery. That doesn’t stop vendors from trying to create solutions that will get us closer to finding that holy grail, as I was reminded of during a recent vendor briefing.
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 [...]