Category Archives: Enterprise eDiscovery

Highlights from Reed Smith’s SharePoint eDiscovery Webinar

by John Patzakis

Reed Smith recently hosted an excellent webinar on SharePoint eDiscovery challenges, led by Patrick Burke with the firm’s eDiscovery team. The webinar featured a substantive and detailed discussion on the nuances, pitfalls and opportunities associated with eDiscovery of data from SharePoint sites. This topic is very timely as the majority of enterprises are deploying the Microsoft platform at an accelerated rate, with the solution reaching $1 billion in sales faster than any other Microsoft product in history. Burke noted that “SharePoint has exploded across corporate networks, and are filling rapidly with ESI,” but that “the bad news is that it’s not centralized. There is no single place to go to search through the ESI across an organization’s SharePoint sites to identify which SharePoint Site holds the ESI you’re looking for.”

As SharePoint enables enterprises to consolidate file shares, Intranet sites, internal message boards and wikis, project management, collaboration and more into a single platform, it provides significant operational efficiencies as well as eDiscovery challenges. The vast majority of current SharePoint deployments are versions 2007 or 2010, and neither have meaningful internal eDiscovery or even export features. This is one reason why SharePoint eDiscovery is fraught with over-collection, resulting in much higher costs and time delays that what is typically seen with other similar data stores such as email servers and file shares.

In addressing best practices for eDiscovery of SharePoint sites, Burke advised, among other key points, that the litigation hold process must not only involve individual custodians but the SharePoint administrator as well: “As it usually isn’t feasible to search all an organization’s SharePoint sites, the first step is to talk to the key custodians (through litigation hold questionnaire processes) and ask them which SharePoint sites they use (to identify) relevant ESI.” From there, “the cross-check involves talking with the SharePoint administrator, who can look up all the SharePoint sites to which the custodian’s belong.”

A full video recording of the webinar can be accessed here >

Appliance-based eDiscovery solutions or remote collections do not work as it may take weeks, if not months, to copy a multi-terabyte SharePoint site over a network connection and a large corporation may have several dozens of SharePoint silos from which to collect.  Manual collection efforts, which are geared toward mass “data dumps,” are also time consuming and are typically very costly due to the extensive processing and data massaging required to put the SharePoint data back into context.

Instead, what is needed is a solution such as X1 Rapid Discovery can quickly and remotely install and operate within the same local network domain to enable localized search, review and early case assessment in place. X1 Rapid Discovery’s full content indexing and preview of native SharePoint document libraries and lists, as well as its robust search, document filters, intuitive review interface uniquely enables targeted and contextual search, preservation and export of SharePoint evidence in its native format. In fact, we believe it is the only solution available that enables true in-place early case assessment and eDiscovery review of SharePoint sites, including iterative search, tagging and full fidelity preview in place, without the requirement to first export all of the data out of the platform.

To learn more, sign on to the recorded webinar or please contact us for a further briefing to learn how to save your organization or your clients tens of thousands of dollars on litigations costs associated with SharePoint.

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Filed under Best Practices, Case Law, eDiscovery & Compliance, Enterprise eDiscovery, Information Access, Preservation & Collection

Barry Murphy Joins the X1 Team

Last week, I said goodbye to my time at the eDJ Group, a company in good hands that will continue to provide top notch eDiscovery and information governance consulting at a level of depth very few can match.   This week begins my new adventure as Senior Vice President of Product Marketing and Strategy at X1, and I am very excited about the opportunity.

Many have asked why I chose to join X1 and I want to take this space today to explain the reasons.  As an analyst for the past four years, I have had the chance to see – up close and personal – the challenges that enterprise IT and business people are trying to address.  One that comes up consistently is the ability to quickly find information in a world where the volume of it is increasing so rapidly.  While search might seem relatively simple, I can tell you that many clients pull their hairs out due to frustration with enterprise search deployments.

Thus, the first thing that hit me about X1 was the number of X1 customers whose top point to make about that product is that “it just works.”  Business people like the ease of use and clean, single-pane-of glass view of their information, Legal teams like how X1 Rapid Discovery makes eDiscovery more efficient and less costly, and IT teams like that the product can be deployed in increasingly virtualized environments.

Part of the attraction to X1, for me, is the fact that the company can address such a range of solutions via a powerful search engine.  It is not just about eDiscovery, though there is a product for that.  Rather, X1 will power many solutions by providing easy access to information – and the company does it in a way that just works.  It makes me think back to those old BASF commercials – the ones where BASF says, “we don’t make the products you buy, we make the products you buy better.”  I get a feeling that same message can apply at X1; something along the lines of “we don’t make the cloud infrastructure, we make the cloud infrastructure better and more valuable.”

Stay tuned for more details on how X1 will make other solutions better and continue to provide great search products in 2014.  I’m looking forward to this adventure.

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Filed under eDiscovery & Compliance, Enterprise eDiscovery, Information Access, Information Governance, Information Management

eDiscovery Software Industry Faces Transition

changes aheadRecently, the eDiscovery and litigation support field has seen many developments reflecting a significant shift in the eDiscovery software industry. Greg Buckles and Barry Murphy of The eDiscovery Journal report in several articles and notes in the past few weeks that they see a palpable transition away from software back towards services by corporations seeking to address their eDiscovery requirements. So not surprisingly, there had been various reports indicating reductions in force at several of the top eDiscovery software providers.

Not to pick on Guidance Software, my former company, but they are publically traded and recently disclosed their aggressive cost-cutting measures. In their PowerPoint presentation, Guidance states that the eDiscovery software field “is maturing…not as many large deals available there” resulting in a strategy for the company to refocus on core computer forensics and computer security, and to pivot toward profitability over topline revenue growth. And I don’t think what Guidance is experiencing is much different than from what many other eDiscovery software firms in the space are going through.

And neither does industry analyst Barry Murphy. “Based on what I see, KCura with their Relativity product is doing well, and I think there has been some good growth in the mobile forensics space, and X1 has done well with X1 Social Discovery in terms of growth and customer acquisition. Other than that, it seems that the remaining eDiscovery software companies are either contracting or experiencing only very modest growth.”

Part of the problem is that many aggressive enterprise eDiscovery deployments never achieve their promise of global scalability. A little over a year ago, the CEO of another eDiscovery and forensics software firm publicly claimed that enterprise-wide Autonomy implementations for eDiscovery, in his opinion, never really worked that well from what he could see. Without commenting on or taking a position on the accuracy of that assertion, the article does reflect broader frustrations I have heard from IT and in-house counsel about eDiscovery software in general that claims to be an end-to-end solution for aggressive and enterprise-wide deployments. As a result, many corporate legal departments and corporate IT have opted to continue to outsource eDiscovery to service providers over attempting to implement enterprise-wide solutions.

On the other hand, and reflective of this trend, services firms in this space are apparently doing quite well and their numbers are growing. There are clearly hundreds, if not over a thousand consulting firms, in North America providing eDiscovery consulting services. In just one metric, two years since we launched X1 Social Discovery, nearly 200 eDiscovery and computer forensics firms have become paying customers, and many more are currently evaluating. Some firms have a single license of X1, many have multiple, even dozens. I think those figures reflect both the number of service providers in this space and the aggressive spending behavior from the providers.

I also think, and of course being biased, that with X1 Social Discovery gaining over 400 paid install sites in just two years since the launch of the product, with 250 percent increase in annual sales in 2013, is quite an accomplishment especially given the status of this market. I think that reflects both the quality of X1 Social Discovery as well as the compelling use case of the collection and preservation of social media data for discovery and investigative purposes. So I want to take this opportunity to thank our customers for making 2013 a great year for us and driving the further development and enhancements of our products.

I’m looking forward very much to Legal Tech New York this year, both to meet with our customers old and new, and to speak with some fellow executives about how they are adapting to the changes in the eDiscovery market and opportunities in 2014. I hope to see you there!

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Filed under eDiscovery & Compliance, Enterprise eDiscovery, Social Media Investigations

Microsoft’s Lessons for the eDiscovery Industry

Microsoft imageThe announcement that Microsoft CEO Steve Ballmer is set to retire within 12 months naturally spurred some thought on the analogous plateauing or even demise of prominent eDiscovery software firms in recent years. In my view, there are two general lessons to be gleaned by the eDiscovery industry from Microsoft’s troubles.

The first is about the speed of change in this industry. Three years ago, the PC was king and predictive coding was a fairly obscure term. Now, mobile devices, cloud, social media and desktop virtualization have relegated the traditional PC to the road to legacy status. And we all know the story of the tidal wave that is the predictive coding craze of 2013.

And this leads to the second and related lesson, which is the difficulty for dominant companies to stay innovative in such a fast-changing environment. This past week featured a lot of commentary from business and technology pundits, mostly making fairly obvious points about Microsoft missing the boat on smart phones, tablets and the Vista and Windows 8 debacles. But in terms of the bigger picture, I like the analysis from Nobel prize-winning economist Paul Krugman, who summoned wisdom from 14th Century North African philosopher Ibn Khaldun:

“One insight (Khaldun) had, based on the history of his native North Africa, was that there was a rhythm to the rise and fall of dynasties. Desert tribesmen, he argued, always have more courage and social cohesion than settled, civilized folk, so every once in a while they will sweep in and conquer lands whose rulers have become corrupt and complacent. They create a new dynasty — and, over time, become corrupt and complacent themselves, ready to be overrun by a new set of barbarians.

I don’t think it’s much of a stretch to apply this story to Microsoft, a company that did so well with its operating-system monopoly that it lost focus, while Apple — still wandering in the wilderness after all those years — was alert to new opportunities. And so the barbarians swept in from the desert.”

And I think it’s even less of stretch to apply this story to the eDiscovery software industry. For instance, in speaking to a couple of eDiscovery executives last week, they lamented that a dominant review tool his company relies on, had in their opinion become “long in the tooth” with the executives of that software provider no longer very accessible. Another leading eDiscovery software vendor recently launched a major upgrade to their flagship product resulting in palpable user exodus as the new version was much more complex, with a brand new interface that fell flat. Basically straight out of the Windows 8 playbook.  Not be outdone in its loss of focus, a similar and also market leading company now supports, by my count, at least 12 different products and at least 5 different markets.

And I think this trend of disruption is accentuated in the eDiscovery field because even the dominant players do not have several million in idle funds for research and development into cutting-edge technologies that will not produce meaningful revenue in the near term. Instead, they have to answer to investors of various stripes who demand that quarterly revenue numbers and positive near term cash flow are met. It’s the classic innovators dilemma.

What this means for key buyers of eDiscovery software is that they should be open to change and consider avoiding lock-in with seemingly dominate vendors who could only be months away from being displaced by the barbarians from the desert.

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Filed under eDiscovery & Compliance, Enterprise eDiscovery

Highlights from Amazon’s Cloud eDiscovery and Search Webinar

Recently, Amazon Web Services (AWS) hosted a first of its kind webinar by a major cloud provider addressing the topics of eDiscovery and enterprise search. The webinar showcased solutions that allow organizations to quickly search, identify and act upon distributed data, whether it resides within the enterprise or within the AWS cloud. Vikram Garlapati, an Amazon Web Service Solutions Architect, lead off the discussion.

LTech CIO Eric Klotzko also presented. LTech is a cloud systems integrator and AWS partner supporting implementations of next-generation enterprise search and eDiscovery solutions that install and operate in virtual environments.Amazon Web Services2

Here are some of key highlights and takeaways:

Vikram Garlapati outlined the key benefits of the cloud, including the provisioning of resources on demand as needed as opposed to incurring large capital outlays that must meet organizations’ estimated requirements over a multi-year period. This applies to enterprise software as well, where cloud-enabled eDiscovery software can be provisioned on a monthly, weekly or even daily basis as needed.
The webinar featured a discussion featuring a compare and contrast between AWS’s Cloud Search and X1 Rapid Discovery. The presenters described AWS Cloud Search as a SaaS search engine geared toward the search of websites and static databases. Cloud Search is a solution popular with many developers in specific use cases. X1 Rapid Discovery operates in both a SaaS or IaaS (within the customers cloud instance) environment with an extensive feature set and an intuitive user interface. Vikram Garlapati stated that X1 supports “more of an enterprise scenario.”
Eric Klotzo underscored the limitations of traditional enterprise search solutions that are hardware appliance-based or require an extensive manual on-site install process, thereby rendering such solutions as non-starters for deploying into and operating within virtualized cloud deployments.
Eric also emphasized the importance of supporting hybrid cloud deployments as most cloud adoption involves an often long transitory period: “X1 can install into both the cloud and traditional on-premise locations, providing consolidated access to your data from a single pane of glass, which is very compelling.”

A recording of the AWS webinar is available here >

 

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Filed under Cloud Data, eDiscovery & Compliance, Enterprise eDiscovery, IaaS, Information Management, Preservation & Collection, Uncategorized, Virtualized Environment