Category Archives: eDiscovery

May 21, 2024 · 12:12 PM

Microsoft 365 eDiscovery Throttling is Structural and Won’t Be Going Away

By Chas Meier

Users of Microsoft 365 for eDiscovery and Information Governance continue to encounter significant problems with low throughput and defensibility. Many customers report to us that Purview eDiscovery Premium’s documented limitations, including a 2GB per hour indexing limit, prevent them from using the platform to handle anything other than small matters. A routine eDiscovery matter involving one hundred custodians each with about 10GB of M365 data typically requires several weeks to complete with MS Purview Premium. This is a non-starter for legal teams who are up against pressing litigation timelines.

It is important to understand that because M365 is built on a large-scale multi-tenancy SaaS architecture, such challenges are a feature, not a bug of the system. Multi-tenancy is an architecture where shared computing resources are apportioned across large numbers of users. This architecture enables Microsoft to provide the service at a lower cost since computing services are shared.

However, multi-tenant architecture enables scale (in terms of multitudes of users) and efficiency through uniformity. These architectures are not designed for outlier workloads like eDiscovery that routinely require intensive surges in computing resources to collect, process and search terabytes of data. In fact, multi-tenancy cloud architects would identify eDiscovery workloads as a “noisy neighbor” that threatens the overall performance and user experience of the system, and thus must be managed through quality-of-service mechanisms like throttling and time-outs.

I think of multi-tenant architectures like the business model utilized by a gym. The gym has more and better equipment than I have at home, which is attractive so many will join through a membership. The gym has a fixed amount of square footage and equipment which is more than any individual needs and is sufficient to support those that show up, occasionally having to coordinate access to the equipment but manageable. However, what if a small group showed up at the gym every day for most of the day and hogged the equipment? What if more people showed up, became frustrated, and dissatisfied? Gym management would be forced to act to ensure fair access to the equipment.

Throughout my career as an eDiscovery service provider, we made large investments in infrastructure and capacity to the point of overkill to equip ourselves to service a client’s need to address high volumes of data in short timelines without impacting their business-as-usual activities. We were like the fire department for big unstructured data needs.

A huge differentiator in X1’s approach is to divide and conquer large scale projects by leveraging the cumulative power of a decentralized computing orchestrated through a unified management, search, and collection console. Think of this like deploying a fire suppression system proactively before the fire.

Last year, X1 introduced M365 data connectors into our X1 Enterprise platform to satisfy a critical need for enterprises to conduct cost-efficient yet highly scalable eDiscovery search and collection of M365 data. The response has been tremendous, with X1 seeing record demand in large part, due to the architectural limitations and deficiencies noted above.

X1 Enterprise Collect provides users the unique ability to index and search M365 data in-place and then collect in a targeted and iterative manner. This at speeds and throughput far exceeding other tools, including Microsoft Purview Premium. X1 achieves such scalability through a decentralized custodian-based approach that does not rely on the M365 or Purview search Index, which has known issues with the number of file types supported, consistency of search results, and throughput. X1’s approach enables a very scalable, defensible, and robust data collection at speeds far exceeding that of M365 Purview and other approaches.

For a demonstration of the X1 Enterprise Collect Platform, contact us at sales@x1.com. For more details on this innovative solution, please visit www.x1.com/solutions/x1-enterprise-platform.

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Filed under Best Practices, Cloud Data, Corporations, eDiscovery, eDiscovery & Compliance, Enterprise eDiscovery, ESI, Information Governance, Preservation & Collection

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May 7, 2024 · 9:28 AM

Index and Search In-Place Workflows Are Essential for Information Governance

By John Patzakis and Charles Meier

Information Governance

Accurate pre-collection data insight is a game-changing capability that enables organizations and their legal teams to determine the scope, volume, and content of electronic information before the very disruptive and expensive step of collecting the data. This insight is enabled through distributed index and search in-place technology.

A true distributed index and search in-place capability for unstructured data requires a software-based indexing technology be deployed directly onto fileservers, laptops, or in the cloud to address Microsoft 365 and other cloud-based data sources. This indexing occurs where the data sources reside without requiring a bulk transfer of the data to a central location. Once indexed, searches can be performed in seconds, supporting complex Boolean operators, metadata filters and regular expressions. Searches can be iterated and refined without limitation, which is critical for large data sets.

While our previous blog post addressed the critical importance of this capability in eDiscovery matters, it is equally essential in information governance projects such as PII audits, the purging of redundant, obsolete or trivial (ROT) data, and due diligence and data separation efforts in support of corporate mergers and acquisitions. Many X1 customers have recently employed our indexing in-place technology on such projects with remarkable success.

Incredibly, many of these customers also received alternative proposals that leverage traditional eDiscovery workflows presenting much higher estimated costs and much longer durations. Traditional eDiscovery workflows mandate broad and manual data collection, copying and migration efforts, large scale data processing, and loading the data into a different platform for review and analysis. There are three fundamental reasons why this “traditional approach” is fatally flawed for information governance projects.

  1. Prohibitive Cost and Risk. The data scope of information governance projects involves terabytes and sometimes petabytes of data. Mass collection, copying and migration of these data sets with manual hand-offs for later analysis in a centralized location is extremely expensive, disruptive, and time consuming. Also, mass duplication and egress of enterprise data under control to execute ROT, PII, data separation or other due diligence projects is completely antithetical to their very purpose.
  2. The “Now What?” Problem. Let’s assume an organization has decided to incur the enormous cost, disruption and risk associated with the mass copying, migration, and centralization of unstructured data, and after loading the data into a review process, a key subset of documents and emails are finally identified for purging or other remedial action. Now what? You are merely working with copies! The live “original” emails and documents are in M365, email accounts, file servers or on laptops. It is possible to manually retrace and remediate, but that process is expensive and disruptive.
  3. Instant Staleness. Finally, a mass copying and migration effort often requiring several weeks to complete, is immediately stale once eventually completed as the live data in its original location has inevitably changed.

X1 solves these challenges though our proprietary and patented distributed index and search in-place technology that enables scale by bringing true distributed indexing in-place to laptops, file shares, M365 and other cloud sources. X1 Enterprise Collect significantly streamlines information governance workflows by identifying and allowing for the remediation of targeted data in-place, thereby eliminating the need for expensive and cumbersome data duplication and migration.

For a demonstration of the X1 Enterprise Collect Platform, contact us at sales@x1.com. For more details on this innovative solution, please visit www.x1.com/x1-enterprise-collect-platform.

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Filed under Cloud Data, compliance, Corporations, eDiscovery, eDiscovery & Compliance, Enterprise eDiscovery, ESI, Information Governance, law firm, Preservation & Collection

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April 23, 2024 · 10:04 AM

Index-In-Place eDiscovery Tech is in High Demand, but Beware of False Vendor Claims

By John Patzakis

Proportionality-based eDiscovery is a goal that all in-house corporate legal teams want to attain. Under Federal Rule of Civil Procedure 26(b)(1), parties may discover any non-privileged material that is relevant to any party’s claim or defense and proportional to the needs of the case. However, most core eDiscovery costs (outside of attorney review) stem from over-collection of electronically stored information (ESI), and over-collection thwarts the ability to attain proportionality. Law firm Nelson Mullins notes that “over preservation tends to have its own costs relating to storage of large amounts of electronically stored information (ESI) and the resources needed to manage it; leads to increased downstream e-discovery costs associated with collection, processing, and review.”

This is why accurate pre-collection data insight is a game-changing capability that enables counsel to set reasonable discovery limits and ultimately process, host, review and produce much less ESI. Counsel can further use pre-collection proportionality analysis to gather key information, develop a litigation budget, and better manage litigation deadlines. Such insights can also foster cooperation by informing the parties early in the process about where relevant ESI is located, and what keywords and other search parameters can identify and pinpoint relevant ESI.

And the means to enable this capability is distributed index and search in-place technology. Indexing and search in-place in this context means that a software-based indexing technology is deployed directly onto fileservers, laptops, or in the cloud to address cloud-based data sources. This indexing occurs without a bulk transfer of the data to a central location. Once indexed, the searches are performed in a few seconds, with complex Boolean operators, metadata filters and regular expression searches. The searches can be iterated and repeated without limitation, which is critical for large data sets.

However, with this capability being highly valued, many vendors have parroted this messaging, but have offerings that do not qualify as true index-in-place. True distributed index-in-place means that the search indexes are forward-deployed, and are actually installed on the target laptop, Mac computer, fileserver or into the cloud near where the target cloud data sources exist. Transferring data in bulk to a central appliance or server farm via a collector agent or Robocopy function does not qualify. A true index-in-place capability uniquely enables scalability, targeted collection and also minimizes security and data governance risks in eDiscovery and information governance matters.

Conversely, a process requiring massive data copying, migration and centralization does not scale and creates significant data, governance and privacy issues by needlessly duplicating data. For instance, if a matter requires that 10 terabytes be scanned to determine if relevant ESI exists within that data corpus, and the eDiscovery collection platform being used has no index-in-place capability, then all 10 terabytes must be copied and transferred to the tool for indexing and analysis. These limitations stem from tool vendors simply utilizing open source indexing platforms like Lucene or Elastic Search that are not forward-deployable and must reside in centralized locations with a very large amount of computing resources to make them viable for the type of data and data volumes typically seen in discovery and information governance matters.

This is why X1 leverages proprietary and patented index and search technology that is readily forward deployable and thus can scale and allow true distributed indexing in-place. X1 Enterprise Collect significantly streamlines the eDiscovery workflow with integrated culling and deduplication, thereby eliminating the need for expensive and cumbersome ESI processing tools. That way, the ESI can be populated straight into Relativity from an X1 collection without multiple hand offs, extensive project management and inefficient data processing.

The ability to directly and transparently collect data from custodian laptops, desktops, Microsoft 365 and other cloud sources into a RelativityOne/Relativity workspace is a game-changer that enables attorneys to begin review in hours rather than weeks.

For a demonstration of the X1 Enterprise Collect Platform, contact us at sales@x1.com. For more details on this innovative solution, please visit www.x1.com/x1-enterprise-collect-platform.

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Filed under Best Practices, Cloud Data, Corporations, ECA, eDiscovery, Enterprise eDiscovery, ESI, law firm, Preservation & Collection, proportionality

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March 13, 2024 · 2:06 PM

Microsoft 365 Modern Attachments Pose Significant eDiscovery Challenges and Risk

By John Patzakis

In their excellent publication, 2023 eDiscovery Case Law in Review, Winston and Strawn, LLP, one of the top law firms in the US, highlights the challenges legal and eDiscovery professionals face with modern attachments. Modern attachments, also known as hyperlinks, are URL pointers that link to files or emails stored in another location. They are commonly found in Microsoft 365 Mail and Teams.

Winston and Strawn reports that “[r]equesting parties are increasingly sophisticated about this issue given the proliferation of Microsoft 365…and thus we have noted an uptick in requesting parties demanding that linked attachments be produced along with transmittal emails—in essence demanding that traditional email families be assembled from these pieces.” In re StubHub Refund Litig., 2023 WL 3092972 (N.D. Cal. April 25, 2023) is a case cited by the authors as a recent decision requiring the production of modern attachments in discovery.

The one area I disagree with in the report is its view that without investing in expensive services and Microsoft Premium licensing it may be very challenging and burdensome to identify and collect modern attachments. If you rely on Microsoft Purview for eDiscovery compliance and information governance, you must upgrade to expensive premium licensing that can add up to tens of millions of dollars in additional expense for larger enterprises. And even then, there are significant throughput and defensibility challenges.

eDiscovery service providers have stepped into the mix to provide manual services to address MS 365 challenges. But throwing services at the problem is disruptive, inefficient, and expensive as well.

X1 provides a different approach. X1 Enterprise Collect provides full support for modern attachments in MS Mail and in Teams. X1 is the only solution we and our partners are aware of that supports the search and collection of modern attachments in MS 365 without the need for a Premium (E5) license or additional manual services. This is because X1 Enterprise Collect does not operate by simply making bulk calls to the MS Graph API, like most eDiscovery tools, which also require a premium license to collect the key data such as modern attachments. X1 employs a targeted, custodian-based approach that minimizes 365 API calls, and does not rely on the MS Search Index, which has been demonstrated to be untrustworthy and with limited throughput. X1’s approach enables a very scalable, defensible, and robust data collection at speeds 10x that of other approaches.

The X1 Enterprise Collect Platform is available now from X1 and its global channel network in the cloud and on-premise. For a demonstration of the X1 Enterprise Collect Platform, contact us at sales@x1.com. For more details on this innovative solution, please visit www.x1.com/x1-enterprise-collect-platform.

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Filed under Best Practices, Case Law, Cloud Data, Corporations, eDiscovery, Enterprise eDiscovery, ESI, law firm, MS Teams, OneDrive

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February 27, 2024 · 11:38 AM

Modern, Targeted ESI Collection Can Cut eDiscovery Costs by Over 90 Percent

By John Patzakis and Chas Meier

eDiscovery can be an expensive and time-consuming process when traditional data collection methods are employed. With legacy processes, it can take weeks for electronically stored information (ESI) collections to finally end up in review. Time is money, and utilizing dated processes can dramatically increase costs as well as risk. One of the biggest drivers of excessive eDiscovery costs is over-collection of irrelevant or unnecessary information. This in turn leads to a larger amount of data entering the processing and initial review funnel.

In fact, old school manual collection efforts require employing multiple tools, data copies, and manual steps into your litigation workflow. The majority of ESI processing consists of data culling and filtering, deduplication, text extraction, metadata preservation, and then staging the data for upload into a review platform, often in the form of a load (DAT) file. Some ESI processing solutions require deployment of non-integrated on-premise hardware appliances that further increase costs and add time delays. Manual collections, multiple generations of data duplication, and disjointed handoffs exponentially increase costs and risk while significantly delaying documents being available for review.

If you are still using stand-alone processing tools, you are doing it wrong and subjecting your clients to extensive costs and time delays. Modern collection technologies combine targeted collection with in-place processing of data which is automatically collected, processed, and uploaded into a review platform such as Relativity in one fell swoop.

The graph below established that the cost for collection, processing and first month hosting under a traditional preservation process can be upwards of $12,000 per custodian:

Properly targeted preservation initiatives are favored by the courts for purposes of civil eDiscovery and enabled by next generation software to search data sources quickly and effectively in-place throughout the enterprise. The value of targeted and proportional preservation is recognized in the Committee Notes to the recent FRCP amendments, which urge the parties to reach agreement on the preservation of data, keywords, and other metadata to identify responsive materials. See also, In re Genetically Modified Rice Litigation, (“Preservation efforts can become unduly burdensome and unreasonably costly unless those efforts are targeted to those documents reasonably likely to be relevant or lead to the discovery of relevant evidence.”)

X1 Enterprise Collect significantly streamlines the eDiscovery workflow with integrated culling and deduplication, thereby eliminating the need for expensive and cumbersome ESI processing tools. That way, the ESI can be populated straight into Relativity from an X1 collection without multiple hand offs, extensive project management and inefficient data processing.

The ability to directly and transparently collect data from custodian laptops, desktops, Microsoft 365 and other cloud sources into a RelativityOne / Relativity workspace is a game-changer that enables Attorney’s to begin review in hours rather than weeks.

The second chart shows how this streamlined approach, based upon a detailed ROI analysis, reduces eDiscovery costs by over 90 percent:

So, in terms of the big picture, X1 Enterprise Collect provides a complete platform to implement a properly targeted preservation strategy in the enterprise enabling organizations to save a lot of time, save a lot of money, and be able to make faster and better decisions.

When you accelerate the speed to review and eliminate over-collection and inefficient processing, you gain much better early insight into your data and can increase efficiencies on many levels.

Finally, the calculations represented in the charts were generated from a customizable ROI cost calculator created by Chas Meier, based upon his more than 20 years’ experience in eDiscovery service provider roles. If you would like a copy of this ROI calculator, please contact Chas at CMeier@x1.com.

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