Archive for the ‘Uncategorized’ Category

With Liberty and E-Discovery for All

Wednesday, January 6th, 2010

In his new article entitled “E-Discovery for Everybody: the EDna Challenge” [PDF], award-winning columnist and certified trial lawyer Craig Ball asks those of us in the e-discovery industry if we can shift our “gaze from the golden calf” to the other “85% of the potential market for desktop discovery tools”. Mr. Ball thinks we should, and offers the readers an informative survey of the tools, best practices, and practical advice to follow if one decides to head in that direction. Among his recommendations or those he cites from a good dozen experts in the field is the use of dtSearch, Aid4mail, Adobe Acrobat, Quick View, Trident Lite or Vound Software; he includes Microsoft Office Access and Outlook but cautions against the corruption of metadata when using them to review case files. Experts who weighed in on the question gave a broad range of advice, from a suggestion by John Simek of Sensei Enterprises in Virginia to “budget an hour of a consultant’s time” for help developing a work plan; and Dominic Jaar of Ledjit Consulting, Inc.’s “doleful” though sage admonition “to stay far away” from cheap e-discovery solutions — better to spend one’s small budget on “coffee and malpractice coverage”; to Floridian forensic examiner David Kleiman’s humorously irreverent quote to budget for “alcohol and amphetamines” when faced with a small budget and the “toil ahead”. A quick summary of Mr. Ball’s advice: 1. Make a working copy of the data (before processing). 2. Generate an inventory of all files and their metadata. 3. Divide the components of the collection into a logical scheme. 4. Expand files that hold messages and other files. 5. De-duplicate the files. 6. Don’t process and review Electronically Stored Information (ESI) in a vacuum. Follow this link to read the full article [PDF]. Many thanks to Mr. Ball and to all who participated in the survey. Let’s see if the advice proves true for the underserved teeming masses and to invalidate the “mistaken belief that e-discovery is just for the country club set.”

Gartner’s E-Discovery Product Vendors MarketScope – Part I

Friday, January 1st, 2010

Gartner just published its third annual MarketScope For E-Discovery Product Vendors report. It provides an excellent scan of the current e-discovery software landscape.  However, it must be noted that “the criteria for vendor inclusion in this year’s MarketScope have changed because the market has changed. The emerging nature of the market justified inclusion of smaller vendors in 2008, but this year’s revenue cutoff of $15 million reflects the growing maturity of the players, as well as their consolidation and growing revenue bases.” [our underlinings] While I can understand the rationale behind such a decision, I think it negatively impacts the impressions that buyers might have of this still developing market. Our experiences over the last years is that the best technologies often come from small players in the market. Even if we agree that, generally, consolidations will benefit the already big players, many smaller players we deal with are broadening their reach on a yearly basis. What comes out strongly from this report is the fact that corporations are currently internalizing e-discovery by developing policies, protocols and processes complemented with software and hardware to reduce their dependence on third parties, namely forensic shops and service bureaus. This conclusion is confirmed by our experience in the Canadian and International markets: ”Enterprises purchasing e-discovery software can reduce the costs of litigation by improving their control over unstructured content, and semistructured content, most notably e-mail. Our client references consistently report that they have cut costs and risks by taking control of litigation hold, litigation hold-tracking, file collection, file processing and legal review, instead of outsourcing these functions. [our underlinings] One of the reasons why some legal and IT departments are having troubles developing a clear business case for an E-Discovery Readiness Assessment (”ERA”) is “because the work of legal and regulatory response is spread over different departments, and legal matters can span multiple years, traditional cost accounting does not do a good job of tracking the cost of litigation and regulation.” This is a reality we have seen at most of our clients’. However, certain market and in-house metrics can help organisations make the case for e-discovery readiness. Ledjit is currently reviewing the report and will further post about it over the coming days. In the mean time, you can buy the report or get a complimentary copy. Hat tip to Clearwell Systems for the complimentary copy!

Best Wishes from Ledjit!

Friday, December 25th, 2009

Best wishes!