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Expect a barrage of press release headlines claiming triumph from Gartner’s new “Critical Capabilities for E-Discovery Software” ranking report. FTI is happy to furnish you a copy in exchange for your contact info rather than pay the $1,995 list price. The eDiscovery market has always been too broad to be realistically covered in one ‘Magic Diagram’ by either of the traditional analyst firms. That is why eDJ Group decided to focus on detailed market analysis of actual buying categories instead of over-simplified scatter graphs from the earliest days. Gartner’s new report ranks qualified providers (read analyst clients) in three eDiscovery usage cases by different weightings of rankings in six ‘critical capabilities’. Surprisingly, Gartner has actually published the raw and calculated scores along with the provider qualification criteria. My time as a ‘market analyst’ made me a serious skeptic of most analyst reports and ranking diagrams. It is nice to see a big firm make small steps towards the ideal of transparent, granular analysis aligned with consumer purchasing requirements.

A recent RFP engagement reminded me how useful it is to be able to find SaaS-Cloud offerings without having to use the filters on my eDJ Matrix. So I created a new category for tech offerings that have a SaaS-Cloud purchase option. I am still updating listings for the new Online Purchase feature, but hope that providers will update their listings before I catch up.

For several years I have monitored the slow recognition and rise of mobile device content in civil discovery. I have run annual surveys, market reports and even put on mobile eDiscovery boot camps. Although it has taken longer than I expected back, I am now encountering substantial vendor charges to acquire, process and review text messages, chat conversations and other ‘business communications’ from Android and iOS phones during my annual ‘eDiscovery Cost/ROI Savings’ reports for long term clients. They are often surprised at how clever providers low ball the collection fees down to $250-400/device while burying exorbitant forensic tech time charges in the processing fees. My clients thought they understood the cost to agreeing to add phones to the accessible ESI source list, only to get sticker shock when I add up all the subsequent forensic time and data processing charges for an average $2,500+ per device total cost just to get it into Relativity. I encourage clients and peers to think through and demand estimates for the total cost associated with what I call 3rd generation ESI data sources before acquiescing to the typical overly broad discovery request. If you embrace the classic, “preserve broadly and review narrowly” model, you may consider investing in basic software and training to enable your corporate legal support or data security teams image unlocked mobile devices when the content is potentially relevant. So how much will that cost?