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In 2012 Microsoft acquired Yammer, one of the top enterprise collaboration platforms. Think of it as business Facebook with document and conversation sharing functionality. Enterprise class Office 365 customers got the first Yammer integration back in November 2013 and Microsoft just extended Yammer to midsized business and education plans. A sad fact of innovation is that businesses can and will adopt new technology well before the corporate caretakers (Legal, Compliance & Security) have the tools to handle the new source. Last year, I spent a lot of time researching discovery of ESI from mobile devices from an enterprise perspective. The primary goal of many mobile discovery strategies is to minimize the unique ESI stored on those devices to make them essentially irrelevant to typical civil litigation. As much as I would love to use that same ‘duplicate source’ exclusion strategy on files uploaded to Yammer, the broad collaboration functions add critical context that will clearly be relevant to some matters if they are allowed to persist for anything beyond a few months. So have your users found Yammer and started using it with IT’s blessing or on their own? If you have opted for the enterprise system with limited administrative functions, have you had to preserve or collect from it?

Why Aren’t Lawyers Using PC, or TAR, or PC-TAR, or CAR, or CAR-TAR, or Whatever We Call It?It’s been a long time—too long—since I have written anything for the eDJ Group. Once of my excuses is that I’ve been spending some time writing for some other sites, or put another way, exercising my inner snark. Several weeks ago, Greg Buckles posted preliminary results of his survey on analytics usage in eDiscovery. Greg then questioned his own results, or at least the raw statistics generated from his survey, presenting what he saw as the actual results: "My best estimation is that only 5-7% of matters that reach the review stage . . . actually use some form of PC-TAR."I’m not surprised at his general conclusion, though I do feel disappointed at those numbers. We all should feel that way; just a few years ago, machine learning technology represented something genuinely new and amazing. Even within the over-hyped, commercial blitz of the eDiscovery industry, predictive coding was genuinely promoted by many as the way that the ever-rising costs of eDiscovery, created by technology, could be solved by technology.

Amazon and Microsoft cloud storage and servers have driven the Total Cost of Ownership (TCO) for online data storage down into the 10-15¢/GB/month range depending on whether you need a dedicated, encrypted appliance or other special security for your sensitive data. The bottom line is that this has eDJ Group clients challenging traditional $15-30/GB/month hosting fee proposals. Why pay 100x the market rate for a provider or law firm with a dedicated data center? The response to my fast survey on the pro-portion of evidence vs. collection size has been great (lots of folks wanting to download the 2014 Analytics Adoption Report), so with Mikki’s 2014 legal hold surveys wrapping up, I have created two fast surveys (consumer/provider) with a couple simple questions to get some insight into the changing hosting fee market. For more than a decade, monthly $/GB hosting fees have provided a surprisingly large portion of provider revenue and profit. AWS and Azure have challenged that model and we all want to understand how customer attitudes have changed. What is a fair price for the expertise and liability of managing cloud storage for discovery collections?

When the bench has had enough discovery bickering from the parties, it can ‘divide the baby’ and impose it’s own discovery plan. In the case of Armstrong Pump, Inc. v. Hartman, No. 10-CV-446S, 2014 WL 6908867 (W.D.N.Y. Dec. 9, 2014), the court appears to have lost patience with both parties and decided that a set of 13 search terms run on ALL of the Plaintiff’s corporate ESI will retrieve actual responsive content. I have served as an expert and defense strategist in too many cases to pretend that anyone outside of the matter can actually determine whether these terms will be effective. So my perspective on the case should be taken as a more general commentary than a professional, informed opinion on this specific case. The K&L summary is a fast read and has a couple interesting points.

Last year’s eDJ Cloud adoption survey confirmed that our ‘early adopter’ consulting clients were not the only ones piloting or actively migrating email and files to Office 365™ and Google Vault™. My early research and the new Office 365 Collection category of the eDJ Matrix only found 3-4 products that could connect to and collect from Office 365 mailboxes and SharePoint sites. A year later that same category now shows 14 products with O365 connectors. I expected the ‘big box’ tech players like IBM, Symantec and Xerox to lead the integration efforts because their archiving offerings already had cloud infrastructure on their roadmaps. The old school forensic players, Guidance and Access Data, had to support the law enforcement collection requirements, so they would be right behind or ahead of the big boys. You know that a data source has become a ‘requirement’ rather than an option when the mid tier cloud Saas players such as @ Legal Discovery add Gmail™ and O365 to their remote collection capabilities.

As part of an interview request, I did a fast review of SaaS processing, hosting providers suitable for small firms looking for fixed price service. The market does not make this easy for you or for me to make sense of in the eDJ Matrix. The line between software, SaaS and professional services continues to blur as providers create web interfaces to upload/download ESI with hidden 3rd party tools and manual tech time behind the curtain. We originally differentiated between the traditional software and hosted service offerings with the assumption that the hosting providers were using a publicly available technology, example: Catalyst CR by Lighthouse eDiscovery listing indicates that Lighthouse manages/hosts the Catalyst CR platform. There are 115 eDJ Matrix SaaS technology offerings for the Small-Medium Business (SMB), but only 40 Managed Service SaaS offerings for the SMB. Frankly, this is because we only expanded the eDJ Matrix to cover service providers in our last year of analyst work. I started the eDJ Matrix to track and compare technologies many years ago and that is still the most mature data. Updating the Everlaw listing after my briefing last week was easy because they claimed to be free of 3rd party code. My check turned up two relatively new players in the SaaS eDiscovery market, Wind Legal and Escalate. Neither one gives enough hard information on their minimalist websites to confidently categorize them, but at least Wind discloses that they are a custom interface for Relativity.

Several year's ago, my friend Craig Ball put forth the Edna Challenge, a quintessential small matter with minimal ESI and a $1,000 budget. Earlier this week I posted a blog about SaaS providers and concluded with an opinion that the eDiscovery market is not friendly to smaller litigants, namely non-public companies and boutique firms without litigation support teams. One of the new providers that I called out stepped up to own the fact that they only cover a narrow slice of the discovery lifecycle. Escalate did not dodge my unfiltered take. Instead, they sent me a demo login and asked for my feedback, good and bad. Well here it is:

I had almost thought that the venerable Yahoo LitSupport list had finally died when a classic question arrived this morning seeking replacement options for LexisNexis’s LAW. Although the poor poster will now undoubtedly get a wave of sales rep responses, they were probably prepared to deal with the spam. The good news is that there are LOTS of processing/EDA/ECA tools on the market, but most are server based platforms instead of desktop apps. The main difference is the sticker shock you will get looking at ‘modern’ Processing/ECA tools compared to the old school LAW flat purchase price. LAW’s low cost and lack of volume caps/costs is why it is still around. Responding to the request (yes, I still answer posts on the list and direct questions) got me thinking about how the classic small firm or private company solo lit support power user has been caught in the market transition.

Something occurred to me while working on my upcoming Ipro Innovations session on ‘Who’s Making the Jump to the Cloud & Why?’ The fundamental role of IT was to create and maintain the dynamic technology infrastructure that supported the applications, connectivity and storage required by the business users. Over time, simple server-client applications evolved into customized enterprise platfoms that made strong IT department essential for competitive corporations and firms. Long standing virtualization and centralized storage trends have made these enterprise platforms relatively hardware agnostic, a key requirement for migration to a public Cloud environment. Now that CIO’s everywhere seem to be sending pilot balloons into the Cloud, is there a role for the traditional IT administrator? Many traditional processing/hosting service providers are asking the same question about their future role in the eDiscovery lifecycle. Are they needed when the ESI is created, collected, processed, reviewed and produced in the Cloud? Because that is the direction that companies small and large seem to be headed. It will be a couple years before Microsoft is giving away fully integrated Equivio Zoom functionality to all Office 365 customers, but sharp providers and IT should be looking at that road map and redefining their own roles if they want to stay relevant and employed. I will share some high points from my session or you can participate in person if you happen to be in Phoenix next week. Meanwhile, here is a fun graphic from my deck.

We had a customer question on whether they should/could disable read receipts in corporate email. There was little business value in their vertical for active use of read receipts (i.e. they did not have a large sales division) and a smart attorney on the stakeholder team thought that they posed more risk than reward. Doug Austin’s blog about Fox v. Leland Volunteer Fire/Rescue Department Inc. is a good read on the potential risks of ‘automatically authenticating’ the fact that a custodian saw a specific message, even if I can think of a dozen scenarios where read receipts falsely report custodian awareness. Shutting down read receipt functionality on Exchange or Office 365 is a simple Powershell Cmdlet: