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The State of eDiscovery on the Web

By |2024-01-12T16:08:00-06:00January 12th, 2024|eDJ Migrated|

The final result was an initial list of 543 sites that met my fairly strict requirements. That means that almost 95% of sites were only vaguely related to our industry or practice. No wonder webinars, conferences and training organizations are getting decent attendance. If you do not already know what you are looking for, your odds of finding it are pretty slim or you are in for a lot of surfing.

LTNY 2010 Part 3 – Secret Shopping, A Failed Experiment

By |2024-01-12T16:08:00-06:00January 12th, 2024|eDJ Migrated|

This year I tried an experiment in my continual quest to gather as much information from the Discovery Maze (LNTY Exhibit Halls) as possible. The experiment was a bust, but there were lessons in why and how it failed. The idea was to recruit corporate and firm managers and specialists with 5+ years experience to be ‘Secret Shoppers’ on the Exhibit Hall. This way I could try to reach more of the floor and everyone in the network would share their feedback on a set of secured web pages.

The Cloud, The Cloud Everywhere Part 2 – SaaS

By |2024-01-12T16:08:00-06:00January 12th, 2024|eDJ Migrated|

While utility computing holds much promise, there are also examples of SaaS being used effectively in the eDiscovery market. EDD processors offer a web-based interface to case data. These interfaces provide varying levels of review functionality. When you think about it, hosted review has long been a staple of this market and the review platforms of vendors like CaseCentral, Kroll Ontrack, and Iron Mountain / Stratify are really SaaS applications.

Fiduciary Duty From the Fringe – Consultants Part 1

By |2024-01-12T16:08:00-06:00January 12th, 2024|eDJ Migrated|

Several recent blog posts and discussions on various industry listservs have raised interesting issues about the potential problems and benefits of consultants working for and with software and service providers. See John Heckman’s post ‘What is a Consultant, Anyway?’ as well as Seth Rowland’s ‘Sales vs Consulting – The Cost of Independence’ for some well developed criticisms of consultant’s who are compensated by the seller instead of the buyers. Steve Miller’s ‘What is a Consultant, Anyway? My Two Cents’ provides some counterpoints supporting vendor relationships for consultants. These opinions seem to originate from the software sales area instead of actual consulting on cases.

Zubulake Revisited – Slaying The Ostriches

By |2024-01-12T16:07:59-06:00January 12th, 2024|eDJ Migrated|

Any organization that ignores information lifecycle management from this point forward is stupid – plain and simple. To argue that eDiscovery is not a concern only categorizes an organization into the ostrich category. It’s time to get the heads out of the sand and start building out an infrastructure that supports finding and collecting potentially relevant information quickly and to manage the process for retaining and preserving this information.

Sampling Sizes – No Easy Answers

By |2024-01-12T16:07:59-06:00January 12th, 2024|eDJ Migrated|

As inside and outside counsel struggle with ever larger ESI collections, the question of appropriate sample sizes for quality assurance pops up on the national lists, conference panels and in social gatherings of law geeks. There are many different statistical theories that can be used to calculate the relative probability that the results of a sample set can be extrapolated against the total collection. In simpler terms, sampling is used to define how confident we are in an assertion when we have not or cannot review every single item due to scale, availability, cost or time. This is expressed as the Confidence Interval or Confidence Range. Do not worry, I am not a statistician and have no intention of even trying to translate significance levels, variability parameters or estimation errors. Instead, I will talk about how sampling can apply to the discovery process.

The Scale and Performance Wars Begin

By |2024-01-12T16:07:59-06:00January 12th, 2024|eDJ Migrated|

As IT becomes more and more involved in eDiscovery software purchasing, the scalability and performance of tools will be important decision criteria. But, when every vendor claims to be the most scalable on the market, what should buyers do?

Preserving Dynamic Collaboration Content – Part 2

By |2024-01-12T16:07:59-06:00January 12th, 2024|eDJ Migrated|

In Part 1, we explored changing face of internet and intranet collaborative communication platforms and the increased risks posed by outdated policies and technologies. My main concern over these systems is the unreasonable expectation that a typical corporate custodian could preserve relevant ESI stored in Sharepoint or another cloud based system. Despite recent rulings emphasizing written Hold Notification, most users simply do not have the tech savvy, rights or proper tools to either make a complete preservation copy or secure the items in place against expiry or accidents. That shifts the onus back onto Legal to effectively preserve these dynamic data sources.

Lessons from the Traveling Circus

By |2024-01-12T16:07:59-06:00January 12th, 2024|eDJ Migrated|

I believe a good argument can be made there is much similarity between operating a traveling circus and operating a small to mid-sized law firm. And much to be learned from the former by the latter.

So How Do You Review Web Collaboration ESI?

By |2024-01-12T16:07:43-06:00January 12th, 2024|eDJ Migrated|

In several recent posts, Barry and I have called out the challenges of collecting dynamic content from web based collaboration platforms, focusing on Sharepoint as the market leading platform. It is definitely on the minds of corporate legal departments and providers alike. Our articles prompted the team at Kiersted Systems to request a demo and briefing on their newest Sharepoint collection and review offering. Although we do not do classic product ‘reviews’ at eDiscoveryJournal, I do like to explore the implications of new methodologies and technologies. Sharepoint 2010 itself is new to the market and brings new capabilities to manage legal holds on records as well as more robust search and export features. The new ability to make a ‘preservation copy’ within Sharepoint is probably the highlight feature to take note of. They have wrapped a bit more workflow and specific action templates around holds, search and export, but the basic item level functionality seems unchanged.

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