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Migrated from eDJGroupInc.com. Author: Greg Buckles. Published: 2013-03-05 10:37:02 Counsel have always struggled to balance preservation obligations against unreasonable interference in the custodian’s ability to function in day to day business. To put it simply, the preservation effort and [...]
Migrated from eDJGroupInc.com. Author: . Published: 2013-04-08 09:00:32 I recently was at the HP Analyst Conference learning about the “new” HP which includes the role of Autonomy in the HP ecosystem. The event was held at the beautiful Westin Waterfront [...]
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.
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.
It has been a topic du jour, but social media discovery does not seem to be gaining the mindshare one might expect given the explosion in usage of social media. Almost 65% of respondents in eDJ’s social experience survey indicate using external social networks (e.g. Facebook, LinkedIn, Twitter) at work. I will not go into the litany of case law regarding the discoverability of social media in criminal and civil litigation. There are many JDs out there more qualified to dig into precedents and what they mean. Suffice it to say that social media is potentially discoverable and ignoring it could lead to sanctions, adverse inferences, and higher than expected eDiscovery costs.
Indications are that eDiscovery solution purchases are about to become more strategic in nature. A decade ago, it was not uncommon to see non-competitive bids for eDiscovery business because so many purchases were reactive and made under intense time pressure. In the past several months, however, the inquiries from clients have become more intelligent and more specific – a sure sign that folks are getting ready to make more strategic investments in software and services.
My definition of Dark Data differs from Wikipedia:“Data relevant to a discovery request that is either never disclosed or is produced without contextual information that could affect the interpretation of that data.” My first interview on cloud sources as discovery targets turned up surprising frustration from the savvy eDiscovery Counsel for a national plaintiffs firm. I expected to hear about immature collection capabilities and defendant’s who struggled to preserve or collect from Office 365, SalesForce or other cloud systems. I did not expect that requesting parties might be completely in the dark about where a production comes from or how it was collected. eDJ’s consultants have had too many recent engagements supporting the evaluation or migration of email and files to the cloud to doubt the trend. Microsoft has been touting the rapid adoption of Office 365 with corporate and public sector verticals. Many corporations seem to have moved critical ESI to the cloud without a clear plan to meet eDiscovery and Information Governance requirements.
eDJ’s new report, “Predictive Information Governance: The Time Has Come,” looks at how Predictive IG works and how it can positively impact multiple use-cases.
Migrated from eDJGroupInc.com. Author: . Published: 2013-06-25 16:27:54 I just returned from my trip to China and the week overseas went by very quickly. As much as I’m glad to be back in Austin, I already miss the new friends [...]
Mohawk Industries v. Carpenter is Justice Sonia Sotomayor’s first opinion and while it first appears to be a simple procedural issue, it may have far reaching consequences with counsel making risk vs. cost decisions around their discovery efforts. The case involves a dispute over whether privilege waiver and other discovery related district court orders can be appealed during or after the case, whether it qualifies for an interlocutory appeal in lawyer speak. The unanimous opinion found that with some exceptions discovery decisions could only be appealed after the final judgment was rendered.