Category Archives: GDPR

August 5, 2025 · 9:57 AM

Why Most eDiscovery Tools and Online Archiving Offerings Are Terrible for Information Governance

By John Patzakis and Chas Meier

Many organizations assume that information governance initiatives—such as data privacy audits, purging ROT (Redundant, Obsolete, or Trivial) data, merger and acquisition-driven data separation, or data breach impact assessments—can be effectively addressed using eDiscovery tools or online archiving platforms. After all, eDiscovery solutions excel at identifying and searching through large volumes of unstructured data in high-stakes, reactive legal scenarios.

However, there is a critical distinction between eDiscovery and information governance workflows that organizations must understand when selecting the right solution. eDiscovery typically involves copying large volumes of data at multiple stages and continually moving that data upstream, eventually into third-party cloud platforms for processing and hosting. In contrast, duplicating and moving massive data sets is often the last thing you want to do in information governance projects, which are typically large-scale, enterprise-wide initiatives.

In fact, here are five major reasons why most eDiscovery tools and online archiving solutions are terrible for information governance. These tools:

  1. Dramatically Increase Risk
    Consider a scenario where an organization suffers a data breach and must assess 100 terabytes of data to identify compromised PII and determine reporting obligations. Most eDiscovery tools require a full copy of this data to be made and uploaded into a third-party environment—doubling the volume of sensitive material and compounding the risk. Instead of helping, this kind of mass data duplication exacerbates the compliance and privacy risks that governance initiatives aim to reduce. In fact, such inefficient data duplication directly conflicts with GDPR principles, which require data minimalization and proportionality.
  2. Are Exorbitantly Expensive
    Information governance is not a small, tactical effort—it is a broad, enterprise-wide initiative. At X1, we rarely see governance projects involving less than 50 terabytes of data. Using traditional eDiscovery pricing models, even with volume-based discounts, these projects can quickly rack up tens of millions of dollars in costs due to unnecessary processing, storage, and hosting workflows designed for litigation—not governance.
  3. Can’t Meet Time Constraints
    Copying, transferring, uploading, and indexing 100 terabytes of data into a third-party cloud platform can easily take six months or more, even in an ideal scenario. That timeline is incompatible with the urgent nature of most information governance use cases, such as data breach impact assessments or M&A-related audits. Worse yet, by the time the data has been copied and indexed, it will likely already be stale—undermining the integrity of the project from the outset.
  4. Create Remediation Roadblocks
    Suppose you incur the costs and risk to copy and upload a full data set in an external review platform and successfully identify sensitive or outdated data for remediation. Now what? You are merely working with copies of the data. The originals remain distributed across Microsoft 365, file servers, laptops, and other locations. Trying to trace back and manually remediate live data sources is costly, disruptive, and error-prone—defeating the very efficiency goals of the governance project.
  5. Do not Support Microsoft 365 Effectively
    Many so-called “governance” tools are simply rebranded email archiving systems that rely on bulk copying data out of Microsoft 365. Not only is this approach expensive and inefficient, but it also creates serious technical and compliance risks. Microsoft 365 does not support mass data exports at scale without significant friction, and errors are common—as illustrated in FTC v. Match Group, No. 3:19-CV-2281-K, 2025 WL 46024 (N.D. Tex. Jan. 7, 2025). In that case, Microsoft Purview exports into an archival system failed, resulting in court-imposed discovery sanctions. If a solution does not support index-in-place capabilities—allowing analysis directly upon the native data—it is simply not viable for modern information governance needs.

A Different Approach is Required
Information governance requires agility, precision, and a fundamentally different approach than traditional eDiscovery processes. Organizations must be wary of legacy eDiscovery tools and outdated archiving platforms masquerading as governance solutions.

X1 Enterprise was purpose-built to address the challenges and inefficiencies that plague traditional eDiscovery tools and archiving platforms when applied to information governance. At the core of the X1 Enterprise Platform is its patented micro-indexing architecture, which enables organizations to search, analyze, and act on data in place, without needing to first copy, move, or centralize it.

This index-in-place capability means X1 can connect directly to endpoints, file shares, Microsoft 365, and other enterprise data sources to perform fast, scalable, and highly targeted data sweeps and analysis—without duplicating the data or exposing it to unnecessary risk. Whether you are performing a data privacy audit, a breach impact assessment, or an M&A data separation project, you can run real-time searches across tens of terabytes and thousands of custodians—with results returned in minutes, not months, and the data remediation performed in-place.

By eliminating the need for data movement, X1 avoids the five major pitfalls of legacy tools:
• Risk: No mass duplication of data, reducing exposure and aligning with GDPR and other regulatory requirements.
• Cost: No massive ingestion or hosting fees—X1 dramatically lowers total project costs by working directly with live data.
• Time: Deploy and execute governance initiatives in a fraction of the time required by traditional methods.
• Remediation: Act directly on live data—flag it, move it, delete it, or apply tags—in the original source locations.
• Microsoft 365 Compatibility: X1 integrates natively with Microsoft 365 and other systems without requiring cumbersome exports or expensive additional licensing and services, enabling robust, reliable governance at enterprise scale. Simply put, we believe X1 provides the best available support for M365 data sources.

In short, X1 Enterprise offers a faster, safer, and far more cost-effective way to execute complex information governance projects—turning what used to be massive, reactive, months-long efforts into streamlined, proactive, and strategic workflows.

Learn more about how X1 Enterprise can streamline your next information governance project. Schedule a demo today at sales@x1.com or visit www.x1.com/solutions/x1-enterprise-platform.

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Filed under Best Practices, CaCPA, Cloud Data, Corporations, ECA, eDiscovery, eDiscovery & Compliance, Enterprise eDiscovery, ESI, GDPR, Information Governance, law firm, m365, Preservation & Collection, Records Management

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July 31, 2025 · 9:58 AM

X1 Achieves Record Growth as Numerous Fortune 500 Companies Standardize on X1 Enterprise

By Larry Gill

X1 Discovery is having a record-breaking year, with dozens of Fortune 500 companies and leading law firms adopting the X1 Enterprise Platform to transform how they approach eDiscovery collection, early case assessment, and information governance. In an era when overcollection and skyrocketing legal costs strain corporate budgets, these organizations are choosing X1 to gain immediate insight into their data, dramatically reduce costs, and ensure defensible, repeatable processes—all while maintaining complete control over their information. This surge in adoption reflects X1’s position as the industry’s trusted solution for modern, efficient, and targeted enterprise eDiscovery.

The X1 Enterprise Platform is an industry-leading eDiscovery and information governance solution that empowers organizations to search, identify, analyze, and act on their data in-place, wherever it resides. X1 uniquely addresses Microsoft 365—including robust Teams support—laptops, file servers, and other cloud and on-premises sources, giving legal and compliance teams unparalleled reach and control. Dozens of major enterprises and AM Law 100 firms have now standardized on X1, recognizing it as the most effective solution for managing M365 content—often outperforming even Purview Premium—while also covering on-premises data sources seamlessly. By enabling a highly targeted, efficient, index-in-place approach, X1 provides immediate, pre-collection visibility, streamlining search, analysis, remediation, and collection workflows like never before.

Here are the top three reasons why leading organizations are adopting X1 Enterprise in record numbers:

  1. Significant Return on Investment
    Corporate legal departments that implement X1 consistently realize up to 90% in “hard” cost savings. X1’s powerful in-place search and pre-collection filtering enable teams to collect only what is needed, achieve true proportionality, and eliminate massive outsourced processing and project management fees. Many organizations are even scaling back or eliminating costly Purview Premium licenses altogether, all while mitigating risk with a defensible and repeatable collection process.
  2. Unmatched Speed and Scalability
    X1 delivers speed and scalability that no other solution can match. It can search across thousands of laptops and multiple terabytes of M365 or file share data within minutes, quickly pinpointing responsive data for precise collection or remediation. All indexed data stays securely behind the corporate firewall or in a private cloud. Unlike legacy tools that overpromise and underdeliver, X1 is proven to work and scale as advertised, backed by real-world case studies and customer success stories.
  3. Multiple Use Cases Beyond eDiscovery
    Beyond eDiscovery, corporate legal and compliance teams leverage X1 to locate and remediate sensitive personal information (PII), defensibly purge redundant or non-compliant data, support due diligence and data separation during M&A transactions, and handle GDPR Data Subject Access Requests (DSARs) and other data privacy obligations—making X1 a true multipurpose platform for enterprise information governance.

In today’s data-driven world, X1 Enterprise is more than a solution—it’s a strategic advantage. For organizations serious about controlling eDiscovery costs, reducing risk, and gaining immediate insight into their data, X1 is the clear choice.

Interested in learning more about how to dramatically reduce your costs and compliance risks? Schedule a briefing today at sales@x1.com or visit www.x1.com/solutions/x1-enterprise-platform.

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Filed under Authentication, Cloud Data, Corporations, Cybersecurity, Data Audit, eDiscovery, eDiscovery & Compliance, Enterprise eDiscovery, ESI, GDPR, Information Access, Information Governance, m365, MS Teams, OneDrive, Preservation & Collection, SharePoint

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July 15, 2025 · 11:43 AM

Courts Favor Targeted eDiscovery Collections, but It Is Up to In-House Teams to Enable Such Cost Saving Proportional Efforts

By John Patzakis

In-House Legal Teams Enable Cost Savings

Corporate legal departments face ever-increasing costs and risk related to eDiscovery, driven largely by excessive and indiscriminate data collection. Many organizations default to an overbroad “collect everything” approach out of an abundance of caution or due to inefficient workflows imposed by third-party service providers or even outside counsel. Over collection results in far higher costs upstream, critical delays and increased risk. However, for this reason courts consistently endorse proportional and targeted discovery practices that balance the needs of litigation with cost-effectiveness and reasonableness. But in order to best realize the benefits of proportionality, organizations should establish an in-house eDiscovery capability supported by best-practices technology.

Courts Support Proportional and Targeted ESI Collection
The Federal Rules of Civil Procedure (FRCP) emphasize proportionality and reasonableness in discovery. Specifically, Rule 26(b)(1) limits discovery to information that is relevant to any party’s claim or defense and proportional to the needs of the case.

Courts have routinely upheld this principle, encouraging parties to avoid overbroad collections:

  1. The Sedona Conference Principles
    While not binding, courts frequently rely on The Sedona Principles, which advocate for “reasonable and good faith efforts” to identify relevant ESI. (See The Sedona Principles, Third Edition, 19 Sedona Conf. J. 1 (2018)). Courts cite these principles to support reasonable limits on preservation and collection.
  2. In re Bard IVC Filters Prods. Liab. Litig., 317 F.R.D. 562 (D. Ariz. 2016)
    Here, the court recognized the proportionality limits of Rule 26(b)(1) and ruled that the defendant’s proposed targeted discovery approach—using custodians, date ranges, and agreed-upon search terms—satisfied its obligations.
  3. Oxbow Carbon & Minerals LLC v. Union Pacific Railroad Co., 322 F.R.D. 1 (D.D.C. 2017)
    The court rejected broad discovery requests that lacked proportionality, holding that the producing party could limit its search for ESI to agreed-upon custodians and relevant date ranges. The court emphasized that broad, burdensome demands are contrary to Rule 26(b)(1).
  4. Hernandez v. City of Houston, No. 4:16-CV-3577, 2020 WL 2542625 (S.D. Tex. May 19, 2020)
    Here, the court denied a motion to compel additional production of ESI beyond agreed search terms, explaining that the requested expansion was disproportionate given the marginal relevance and substantial burden of additional collection.

These and other decisions (further analysis available here) demonstrate that targeted, proportional collection efforts are not only defensible but expected by the courts. Overcollection is hardly mandated by the court and, in fact, can increase risk by preserving irrelevant or privileged information unnecessarily.

So, the problem is not the law. The challenge is that many eDiscovery service providers favor full disk imaging or other forms of massive data over-collection for two reasons: 1) As they are not integrated into a company’s IT data architecture with an established and repeatable process, they revert to a reactive, once-off effort to collect everything that could possibly be relevant; and 2) They are financially incentivized to collect as much data as possible.

Advantages of In-House eDiscovery Capabilities for Targeted Collections
To align with the principles of proportionality, legal departments should move away from the outsourced collection model that favors bulk extraction. Instead, maintaining an in-house eDiscovery capability provides the following key advantages:

  1. Integrated, Precise Search and Collection
    Solutions like X1 Enterprise are designed to index data in place, allowing corporate legal and IT teams to search, cull, and collect only what is relevant—without moving massive volumes of unnecessary data. This reduces costs and minimizes data exposure.
  2. Iterative, Defensible Process
    With in-house capabilities, legal teams can collaborate directly with IT to conduct collections iteratively. They can refine search criteria and custodians in real-time, in response to case developments or meet-and-confer negotiations, ensuring defensibility and responsiveness.
  3. Faster Response Times and Lower Costs
    Deeply integrated technology removes reliance on expensive, reactive third-party vendors who often require full data exports up front. By indexing data where it resides, in-house teams can respond quickly to litigation holds and discovery deadlines.
  4. Enhanced Compliance and Risk Management
    By avoiding massive data dumps, corporations reduce the risk of producing irrelevant, privileged, or sensitive data unnecessarily. Proportionality helps mitigate privacy risks and comply with data minimization principles under privacy laws like the GDPR and CCPA.
  5. Control and Repeatability Across Multiple Use Cases
    In-house solutions preserve institutional knowledge and workflows. Future cases can reuse workflows and search parameters, creating repeatable, consistent, and auditable processes. Further, the same process can be readily leveraged for various information governance and other compliance use cases.

Conclusion
Courts expect discovery to be proportional, targeted, and reasonable—not excessive or indiscriminate. Establishing an in-house eDiscovery capability with proven integrated technology like X1 Enterprise allows your organization to operationalize this legal standard. By doing so, you will reduce costs, minimize risks, and demonstrate good faith compliance with discovery obligations.

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Filed under Best Practices, CaCPA, Cloud Data, Corporations, ECA, eDiscovery, eDiscovery & Compliance, Enterprise eDiscovery, ESI, GDPR, m365, Preservation & Collection, proportionality

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June 17, 2025 · 2:56 PM

X1 Enterprise Is the Gold Standard for Data Separation in M&A Matters

By John Patzakis and Charles Meier

X1 is the Gold Standard in Data Separation

Corporate mergers and acquisitions are complex enough on their own — but when a deal involves the divestiture of an entire business unit or a carve-out of specific departments, the stakes for separating data correctly and efficiently become even higher. Legal and IT teams must identify and surgically separate emails, documents, and other unstructured electronic information to ensure that the right data goes to the acquiring party — and that what must be retained remains secure and compliant with privacy and legal requirements.

This data separation exercise is notorious for being time-consuming, extremely expensive, and highly disruptive. This is because traditional methods require heavy lifting by IT teams and service providers, endless back-and-forth with custodians, and mass data collections that literally double the risk. Worse yet, Microsoft Purview, with its known throttling and low throughput challenges for M 365 data, is not up to the task for data separation matters that invariably involve at least dozens of terabytes. These inefficiencies all lead to severe regulatory risks, runaway costs, and critical delays.

There is, however, a far better way — X1 Enterprise. Several major corporations have recently employed X1 Enterprise in high-stakes data separation matters. Once completed, the comments from our customers are the same: There was no other way they could have done it without spending millions of dollars on time-consuming and disruptive services.

Data Separation Is Not Just Another eDiscovery Project

Unlike standard eDiscovery, a divestiture-driven data separation project must carve out large volumes of live, operational data while the business continues to run. Legacy tools and processes require copying and moving the entire subject data set to a separate repository for indexing and searching — adding huge costs, time delays, and operational risk.

X1 Enterprise’s game-changing advantage lies in its distributed micro-indexing architecture and true index-in-place capability. This unique approach allows organizations to instantly search, categorize, and separate or otherwise remediate massive volumes of data where it resides — without duplicating and exporting entire data sets to third-party servers for processing.

In practical terms, this means:

Lightning-Fast Search: X1 Enterprise creates lightweight, local micro-indexes on endpoints and servers across the organization. Search results come back in seconds, no matter where the data lives — on laptops, file shares, or cloud repositories such as M365.

Minimal Disruption: Because the data stays in place, there is no need to duplicate or move sensitive content, minimizing the risk of data leakage, avoiding the bottlenecks that come with data copying and migration for centralized processing, and enabling the actual remediation to be infinitely more effective by working on the live data set. How do you execute data separation when you are working off a stale copy of the data for the categorization effort? The short answer: Up to millions of dollars in manual services to go back to the “original data” and manually separate the data for each employee and their respective data sources.

Scalability and Control: Whether the divestiture involves hundreds or thousands of custodians across geographies, X1 Enterprise scales seamlessly while giving legal and IT teams centralized control and real-time oversight.

Defensible Process: Legal teams can generate audit trails, reports, and logs to demonstrate a precise and defensible chain of custody, which is critical for regulatory and contractual compliance.

The Bottom Line: Much Faster, with Dramatically less Cost and Risk.

When time is money — and delays can put entire deals at risk — organizations cannot afford cumbersome, legacy eDiscovery workflows for carve-out data separation projects. X1 Enterprise’s innovative architecture empowers legal, compliance, and IT teams to execute precise data separations faster, with dramatically lower cost and business impact.

For any organization facing a merger, acquisition, or divestiture, X1 Enterprise is not just an upgrade — it is the modern standard for high-stakes data separation and governance.

Learn more about how X1 Enterprise can streamline your next M&A project. Schedule a demo today at sales@x1.com or visit  www.x1.com/solutions/x1-enterprise-platform.

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Filed under Best Practices, Case Study, Cloud Data, compliance, Corporations, Data Audit, ECA, eDiscovery & Compliance, Enterprise eDiscovery, ESI, GDPR, Information Access, Information Governance, Information Management, m365, Preservation & Collection, Records Management

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May 20, 2025 · 12:04 PM

Law Firms and Major Enterprises Are Rapidly Moving to X1 Search As Traditional Enterprise Search Becomes Obsolete

By John Patzakis and Chas Meier

Are you tired of wasting hours each week fruitlessly searching across emails, documents, cloud services, and local drives? You’re not alone. Law firms and major enterprises are increasingly recognizing the inherent limitations of legacy enterprise search solutions and turning decisively toward X1 Search.

X1 Search delivers a revolutionary user-based search experience that dramatically boosts productivity. Demand for X1 Search has skyrocketed this year—one major federal agency is expanding from 20,000 to over 40,000 licenses to equip every employee. Nearly half of AMLAW 100 firms now deploy or are actively considering X1. Why this rapid shift?

Traditional enterprise search solutions are fundamentally broken in today’s hybrid-cloud enterprise landscape. They rely heavily on outdated architectures that require mass data duplication and centralization—approaches rendered obsolete by remote work and distributed platforms such as Microsoft 365 and Google Workspace. Specifically, traditional tools face:

  1. Scalability Roadblocks: Centralizing terabytes of distributed unstructured data is now effectively impossible in the modern enterprise.
  2. Incompatibility with Modern Platforms: Legacy systems struggle to integrate effectively with platforms like Microsoft 365 due to restrictive APIs and loss of security permissions when the data is copied and exported en masse.
  3. Regulatory and Governance Challenges: Mass duplication of sensitive data violates critical data protection regulations and contradicts fundamental information governance principles. The GDPR specifically mandates data minimization, particularly when viable alternative technologies exist, as evaluated through a Data Privacy Impact Analysis (DPIA).

Employees in modern organizations effectively have two viable search options: the limited native Windows search or the robust, efficient capabilities of X1 Search. Microsoft Copilot itself recently highlighted X1 Search’s advantages:

“X1 Search offers advanced indexing, instant search-as-you-type capabilities, powerful filtering, keyword highlighting, and document/email previews, significantly surpassing standard Windows Search. Moreover, X1 seamlessly searches across emails, documents, cloud storage, archived data, and more—far beyond Windows Search capabilities.”

X1 Search introduces an entirely new, distributed search architecture uniquely suited to today’s enterprise environments:
• Distributed Micro-Indexing: Patented technology ensures secure, permission-aligned indexing, granting employees immediate, secure access to authorized data only.
• No Mass Data Duplication: Interact directly with original documents without unnecessary duplication, ensuring compliance and efficiency.
• True Federated Search: Search instantly and iteratively across M365, Google Workspace, Slack, and local data sources within a single unified search field—a capability unmatched by any other solution.

The latest X1 Search transcends desktop limitations, instantly searching Microsoft Email, Teams, Slack, OneDrive, SharePoint, local files, and now Google Drive and Gmail, all from one intuitive interface. This empowers users to reclaim hours each day, dramatically boosting productivity.

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Filed under Best Practices, Business Productivity Search, Cloud Data, Corporations, Data Audit, Desktop Search, eDiscovery, Enterprise Search, ESI, GDPR, Google Workspace, Hybrid Search, Information Governance, Information Management, m365, MS Teams, OneDrive, SharePoint

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