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Sam Kakoty

2022 Conference Tour: Top 10 Takeaways

By Rick Clark

As we conclude a full 2022 slate of legal conferences, I look back at what were quite a few interesting takeaways and lessons learned. Our engagements included presenting thought leadership at The Master’s Conferences throughout the U.S., meetings held in NYC during LegalWeek and in Maryland for ILTACon, as well as attending local conferences, EDI, and forensic conferences. And yes, there were many fascinating topics, but the most significant part of this top 10 is that we were in person again!
It’s in that vein, I share the following observations:

A personal, but professional perspective

1. Getting back in network shape. Who knew that we all needed to get back in networking shape? I didn’t. For me, it started with LegalWeek NYC 2022, and it took a bit to get my stamina back up to conduct in-person meetings all day, scurry over to Faces and Names for the reunions, and meet people for the first time from the many Zoom meetings. (It seemed strange, at first, to see people in person for the first time when there are many video meetings leading up to it.) I was completely exhausted at the end of the week.

2. Added enthusiasm. Networking is always a part of our close-knit legal industry, but it seemed that we ALL had extra energy and enthusiasm when seeing each other…this is likely why I was so tired after legal week. It has been GREAT seeing everyone throughout the year as I traveled to the seven Master’s Conferences in key cities in the US and attended ILTACon, LegalWeek, PFIC, and other regional events.

3. Attendance was light but concentrated. Most conferences (except for ILTACON) seemed to be at 70% capacity compared to before the pandemic, but that didn’t seem to be an issue as there were STILL people that I sought out to catch up with but slipped away…so next year I will work on that as I expect more people will be attending these events.

Wow, has the legal industry grown?

4. It’s not just emails and business documents anymore. Easily a reoccurring theme, but popular document review platforms still provide little to no long-term solutions. What truly amazes me is that many of these solutions clearly define modern data problems, but still don’t present any clear solutions.

5. Telling the full story. Similar to point #4, the industry is looking for ways to combine all data in a succinct way to tell the story. The navigation across platforms that many conversations take makes it difficult to tell what is going on. For instance, I start a conversation over email, switch to Microsoft Teams, then continue the conversation over text messages is a common occurrence. So, unless you’re using CloudNine ESI Analyst, being able to easily combine and see this “singular” conversation becomes a huge challenge.

6. The wild, Wild West. Information Governance, Compliance, and Privacy are ALL being re-explored as new corporate communications and BYOD policies are impacting corporate data policies. That stated, these are great topics to pay attention to in either webinars or in-person conferences as even throughout the year there seemed to be continual updates on these topics.

7. Analytics and discovery.  As the adoption of concept analytics, artificial intelligence, and technology-assisted review continue to grow, modern data types are becoming the next iteration of these workflows. Like all data analysis workflows, no single platform has the silver bullet (yet), but there are great options available when you talk to your technology and service providers.

8. Thought leadership.  This year I spent most of my time attending Master’s Conferences around the country and have found that thought leadership conferences rather than big conferences, like LegalWeek and ILTA, seem to expand farther below the surface in the topics presented. This seems to be majorly in part because the attendees at the smaller conferences have a tighter concentration of practitioners and legal professionals who are generally more involved in complex cases. LegalWeek and ILTA have great content as well, but the lack of depth is something many colleagues have noted while at these conferences.

Overall Logistics and Observations

9. Cost of doing business.  It should come as no surprise, but the cost of travel is significantly more than before the pandemic and I have found that I need to book my travel MUCH more in advance, so I don’t burn up my travel budget getting to these conferences. As an example, the NYC Master’s Conference on September 21st was also the same week that the United Nations met and the same day that President Joe Biden was speaking. Suffice it to say that the city was packed with people. Hotels were $800+ per night and many common hotels were at capacity.

10. Conferencing on a budget.  Many of the smaller, thought leadership conferences have allotted passes for law firms, and corporate and government personnel. So, when you’re looking to attend an upcoming conference, check with the organizers to see if there are discounts or passes available if your firm doesn’t have the budget for it. These conferences provide great content, networking opportunities, and a break from the tedium.

Let us know what conferences you are interested in next year and we will let you know what passes we have to offer.
We look forward to seeing you in 2023!

9 Reasons Why Businesses are Switching to the Cloud (as told by a business consultant)

By guest blogger, Arnold Rogers

As an experienced business consultant, Arnold Rogers has advised businesses across many industries in areas of lead generation, customer experience, service development, and small business cash flow and financial management. He has experience in handling diverse industries, from fast-moving consumer goods to business-to-business hardware retailers. 

Many businesses are switching to the cloud for their day-to-day operations, and you should too. Today’s business climate keeps changing. You should be able to access data on your phone, tablet, or computer, whether in the office, home, or field. This will help you remain competitive. Cloud technology allows employees to access files and work platforms from any place in a secure way. Read on to find out why businesses are switching to the cloud.

Improved Data Security

Any data you store in the cloud is encrypted, making it safe. And since cloud technology is frequently updated, the cloud hosting company will implement the latest cybersecurity measures, ensuring your data isn’t at risk. This is particularly important when you have a lot of customer information you wouldn’t want to lose. Integrating your digital marketing strategies from Digital Spotlight into cloud computing can ensure your tricks remain safe with your business.

Frees Up Your Staff

By switching to the cloud, you free up your staff members to focus on other important things. For instance, if you have hired an IT team, they can now focus on helping other employees with IT needs. Cloud computing also tends to boost employees’ productivity. Users can successfully focus on the task at hand without mixing different software bundles to accomplish tasks.

It’s Flexible

One of the advantages of cloud computing is the flexibility it offers. Your employees can work from whichever location, at whatever time. Considering that 1 in 3 remote employees may quit if asked to return to the office, cloud computing can protect you from such an inconvenience. On the other hand, a business can reduce workstations in the office, saving rental costs. As long as you have fast internet, you’ll continue monitoring your business and employees’ work from whichever corner of the world you’re in.

It’s Scalable

Cloud hosting companies allow businesses to scale depending on their current needs. That means you only pay for what you need. As the business continues growing and your needs change, you can scale up quickly. For instance, you may not need data analysis tools or CRM immediately when you’re a startup. But as you continue expanding, your cloud technology will have to include CRM programs. When that happens, contact your provider, and they will upgrade your package in a few minutes.

Reduces Costs

While it may seem counterproductive, hiring a third party to manage your IT infrastructure is cheaper than hiring an in-house team. With an in-house team, you’ll need to buy hard drives, software, and mobile devices and add workstations. The level of expertise and infrastructure needed to match that of a cloud computing company is expensive. It’s much cheaper to work with a hosting company because you only call them when necessary. At the same time, businesses can save 30% to 50% by switching to the cloud, ultimately saving their running costs.

There’s no Need for a Backup Plan

In the past, computing systems would need backup plans for large amounts of data. Understandably, a company will suffer a financial loss if there’s no backup storage and disaster strikes. When storing data in the cloud, you don’t need any such means to back up your data. That data will always be there whenever users need it. They only need to have internet, and they are good to go. In fact, the cloud itself is your backup plan because the data stored there is safe.

A Variety of Options

There are different cloud computing models which let you choose the option that fits your business. The main models include:

  • SaaS: Software as a service gives businesses access to software through the internet. These applications are available through a desktop client, API, or web browser that integrates with a user’s mobile or desktop operating system. SaaS applications allow workers to download important files and collaborate on projects. Usually, users pay an annual or monthly subscription fee for this service.
  • IaaS: Infrastructure as a service (IaaS) lets you rent IT infrastructure from a provider. This includes virtual machines, servers, storage, and network. Usually, it will be on a pay-as-you-go basis.
  • PaaS: Platform as a service allows software developers to access cloud-based tools like gateway software, APIs, and web portals.

Improved Collaboration at Work

Business owners know just how important collaboration at work can help propel the company forward. One of the ways to boost team performance is through cloud computing. Employees can easily share information and collaborate on projects even when in different locations. Field workers can upload data in real-time, allowing those at the office to get updates. This saves time and eliminates redundant tasks like data re-entry. This level of efficiency increases productivity and saves money.

If you have yet to switch to cloud computing, start looking for a provider. Ensure it’s the right one, as your ability to enjoy the benefits outlined will depend on the provider you go with. You can ask for referrals from businesses that have already switched to cloud computing.

Contact a cloud migration expert at CloudNine here.

Why Alex Jones’ Team Should Have Used CloudNine Analyst

By Julia Romero Peter, Esq. 

It would be easy to launch into a discourse on all the conspiracy theories regarding the Alex Jones January 6th case. Alas, no conspiracies here – just facts about data and how to review modern data such as text messages effectively.  

The lawsuit was brought by the parents of a victim in the Sandy Hook shooting against Alex Jones for defamation seeking $150 million in damages from Jones and his media company Free Speech Systems for falsely claiming the 2012 massacre was a hoax. The attorney for Jones accidentally produced an entire digital copy of Jones’ cellular phone containing two years’ worth of text messages. While on the stand, Jones was presented with text messages from his phone which showed he withheld evidence in the defamation case. Jones previously claimed that he had searched his phone for texts about the Sandy Hook cases but found none. Could this have been avoided? 

Yes, Jones’ attorney should never have produced an entire copy of a phone. There is nothing wrong with producing digital communications in native format. In fact, that approach saves money. But before producing any communication, it should be reviewed.  

So how can you effectively review two years of text messages? Traditional eDiscovery platforms are not up to the task because they treat every communication as a document and do not allow you to triangulate conversations. CloudNine Analyst allows you to review the native data across actors or custodians, globally deduplicate, and create timelines of communications across devices, applications, and actors. You can load text messaging and more form devices and review it and produce relevant text.  

Attorneys cannot hide behind a lack of understanding of technology or a crawl-back agreement. Just like you cannot “unring” a bell, you cannot lie about evidence existing, inadvertently produce it, and then claw it back. You cannot unsee evidence of lying under oath. 

hidden money

7 Hidden Costs of On-Premise Software

The well-documented benefits of moving to the Cloud include speed, security, and scale, but none may impact your business more than cost recovery. To help you analyze how you can enhance your bottom line, we’ve compiled this list of the hidden costs of on-premise software.

  1. Infrastructure – When an organization wants to run a platform within its own environment, there are infrastructure costs that the organization will incur up front, and some will continue over time. Keeping on top of suitable hardware is not only expensive but makes it difficult to scale. A SaaS model makes it easy for companies of all sizes to invest in new technology and expand capacity as needed.
  2. Equipment Constraints – The equipment an organization purchases, leases, or otherwise managers will age over time, and will have to be replaced. Sometimes the replacement will be because of failure related to age. Sometimes the replacement will be due to increasing needs around speed and horsepower for the equipment that is hosting the organization’s platform and data. Sometimes, the equipment you need is on backorder and you are at the mercy of availability. In contrast, there are no infrastructure costs for an organization using a Cloud environment like AWS; this becomes the Cloud provider’s responsibility.
  3. “Always On” – Another infrastructure challenge is that the equipment uses power and energy constantly. Even in highly virtualized environments, customers who want to host their own platforms must pay for the power consumption of computing and storage in their data center. The organization pays for that power whether people are using the platform or not. In a Cloud environment, costs are easier to manage because parts of the environment can be “spun down” and “spun up” depending on user demand, in real-time.
  4. Staffing – A team of highly skilled workers is necessary to maintain an on-premises application or platform. The infrastructure must be maintained physically, security designed and monitored, and you need to deploy and control the systems and networks that allow users and systems to communicate with each other. On top of these resources, staff who have deep technical knowledge of how the platform works behind the scenes may also be necessary.
  5. Database Administrators – Database administrators design and deploy the database that serves as the backbone of many platforms in eDiscovery. Databases such as SQL are often the domain of these administrators. In a Cloud environment, database administration is often provided by the organization offering the Cloud. An organization can still choose to employ its own DBA team, but there are options that can avoid this expense.
  6. Network and System Administrators – Network and system administrators control permissions to various systems, such as folders, servers, and individual workstations. In an on-premises setup, the network or system administrator must design user groups and assign people to those groups – or remove them if needed. In a Cloud-based scenario, this access is handled at the provider level for folder and machine access but can be managed by the organization within individual platforms or databases.
  7. Platform Specialists – Complex platforms can require specialists to operate them to maximize the return on what the platform can do for the organization. These specialists are in high demand, so they command a high salary. This adds to the people costs of an organization. In contrast, in a Cloud environment, platforms are designed to be easy to operate by everyday users, and the “power user” tasks are performed by the platform developers themselves, or by partner organizations that can provide this as a service. This keeps expensive employees off the books of organizations.

To read more about understanding and managing eDiscovery costs, click here.

To use our ESI cost budget calculator and help manage costs, click here.

Click here to schedule a free consultation on how you can quickly and effectively move to the Cloud and save money!

 

internal software infrastructure

Optimizing Your Infrastructure for LAW & Explore eDiscovery

By: Joshua Tucker

It’s safe to say Microsoft isn’t going out of business anytime soon. Last year alone they grew 18 percent, reaching 168 billion dollars*. They are continuously making updates to their software, improving their products and functionality, and purchasing emerging software. They want to empower every person and organization on the planet to achieve more*, but the power you obtain from the software is up to you. Microsoft does not know your intended purpose or use of their software; all they can do is provide the software and the barebone requirements to make it run.

CloudNine software is no different. Let’s take a deep dive into your infrastructure and how you can optimize it with the CloudNine on-premise processing platforms.

We see that several of our clients run their environments with the most minimal recommended resources. Just like Microsoft can’t know how large your SQL server needs to be, we don’t know the level of demand your client’s data is putting on your workstation. What we DO know is that the number of files per case is growing, the complexity of files is growing, and resources are sparse.

We will cover the areas where we can make vast improvements in the efficiency in the way you are using your CloudNine software.

Your Local Area Network

Let’s use the common “business triangles” as a frame of reference. Examples would be “people, technology, and process” or “team, leadership, and mission”, or, my favorite, “price, speed, and quality”. The more your balanced business triangle, the better. Too much or not enough emphasis on one side and that balance will start to wane.

The eDiscovery version of the business triangle is called the ‘Local Area Network’. The first side of this ‘Local Area Network’ is the hardware or the backbone of your infrastructure. The second side would be the software, or the muscle needed to use that backbone. The third side is your network file server or the brain’s storage area, which will hold all the knowledge that our software is going to discover for you. And finally, the three sides are then connected, like sinew, with your local network speed.

You want to find the sweet spot that balances cost, throughput demands, speed to review, and hardware budget. Let us go ahead and call this the “Goldilocks Zone”.

Real-life case study: About 8 years ago, we were working with a client that had a few virtual machines and a few physical machines. The virtual machines were 4 core and 8GB of RAM. The physical machines were 8 core and 16GB of RAM.  IT wanted to get rid of the physical machines, but there was resistance to letting them go because they were able to process so much faster than the virtual machines. We conducted some testing to find the Goldilocks Zone between the amount of data being processed, the expected speed, and the cost. We created a few virtual machines with 4, 8, and 12 cores and ran tests to determine the correct core count for our company. We determined that an 8-core box with 16GB of RAM was able to process data much faster than a 4-core box with only 8GB of RAM.

After we completed optimizing the processing machines, we ventured forth into the other areas of our infrastructure.

Next, we reached out to our SQL team to see what would happen if we added more RAM and more SQL cores. We saw the same result. As we added more resources, we found that we were able to increase the speed on LAW’s communication with SQL. Faster communication equals a faster read/write, which equated to a faster processing speed. During this testing we also found that the more SQL cores, the more we could horizontally spread out the processing tasks on our LAW machines (i.e., we could have more machines writing to the same database).

Note: Today, I have a simple equation to determine the correct size of SQL:  Take the total number of read/write instances that can be communicating or interacting with SQL. Divide that number by three. The resulting number is the SQL cores needed. For RAM, take the same number of instances and multiply it by four.

After we completed this environment review, we had larger machines, faster read/write capability, and more machines to process on each matter. The Goldilocks Zone for SQL ensures that you have the right number of SQL cores and RAM per instances that have read/write work with SQL.

(For LAW workstations is highly suggested at 8 core and 16gb of RAM. For Explore that was 8 core and 32gb of RAM.)

Note: Your LAN does not have to be local to your office, but SQL, the LAW database folder structure and the workstations all need to be in close proximity to each other. The closer the better.

Software and Upgrades

Let’s go back to our Microsoft analogy. Microsoft keeps improving their product and each version of the operating system has the potential of changing the location or how certain files work. It is imperative that the operating system that is installed on your workstations is supported by the version of the product that you are going to use. If it isn’t, the software could act in a way that is completely unexpected – or worse.

The data we process can be a threat to our organization (and this does go for everyone!) and the best way to protect yourself is to be up to date on patches and virus software. I highly suggest that you first patch in a test environment, testing each part of the tool and making sure that the patching will not interfere with your work. The more up to date you can test, the more secure your, and your client’s, data will be.

One thing I like about the right test environment is that once your testing is done, you can make an image and deploy that image to the rest of your workstations. It is fast and efficient.

How your processing engine gets metadata to you matters. For instance, there are engines, like LAW, that will expand the files and harvest all the metadata. This type of processing is slower in getting the data in review, but much faster in the final export. There are also engines, like CloudNine Explore, that will hold off on expanding the data but harvest all the text and metadata extremely quickly. This workflow is great for ECA purposes.

How deep these tools dig into your data is also important. You never want a want privileged document produced because your processing engine did not discover it. Find out if your engine is collecting all the natives, text, and metadata that you need for these legal matters, and then come up with a workflow that will accentuate the strengths of your tool.

Having an Investment in your File Storage

The price of data storage has been coming down for years. Which is great news considering the fact that discoverable data keeps growing and will continue grow at an astounding pace. It is estimated that this past year, that each person on the planet created 1.7 megabytes of information each second. Every matter’s data size has increased and with it, the speed to review. All of this must run efficiently, all of it must be backed up, and all of it must be in your disaster recovery plans.

Network speeds matters. It ties your infrastructure together. If the processing machine can’t talk to the SQL machines quickly, or to the network storage efficiently, then it won’t perform at top speed, no matter how many cores you have. Network speed should be considered not only for the processing department, but for your whole company. We highly suggest a gigabit network, and if you are a firm or legal service provider, you might want to be looking at a 10-gigabit network.

Even with a gigabit network, your workstations, SQL server, and file server need to be local to each other. Having one data center or a or central location helps keep those resources working more effectively, getting you a higher return on investment on your machines.

Pro tip! There is a quick and easy way to test your network speed without having to contacted IT. Find a photo that is near 1mb and put it in the source location. Log into one of your workstations, open a window to that source location, and drag that image to your desktop. Then, drag it back. Both times that you move this image should be instantaneous to you. If either move takes a more than one second, then your network speed needs to be improved.

RECAP

It is our responsibility to figure out what we need to get full capacity out of outside tools. To run CloudNine’s LAW we need workstations that have at least an 8 core and 16gb RAM. For CloudNine Explore workstations, we need 8core and 32gb or RAM and SQL environment that adjusts to number of instances that are interacting with it.

Ensure that your software matches up with the recommended versions for your processing engine. If you are on or are working with an operating system that wasn’t on the list of that processing engine, we know that you could get unexpected results – or worse data. Line up the programs, test before you deploy, and stay up to date.

Know where your data is stored and the speed at which your systems talk to each other. Keep your environment in close proximity.

All in all, in order to get the top speed and performance out of CloudNine’s tools (or our third-party software your purchase), you must invest into the right resources.

Keep working towards your “Goldilocks Zone” – the sweet spot between speed, price, and quality.

If you are interested in having a CloudNine expert analyze your environment and provide recommendations for efficiencies, please contact us for a free Health Check.

 

*https://www.statista.com/statistics/267805/microsofts-global-revenue-since-2002/

* https://www.priceintelligently.com/blog/subscription-revenue-adobe-gopro-microsoft-gillette

* https://www.comparably.com/companies/microsoft/mission

* https://docs.microsoft.com/en-us/sql/sql-server/install/hardware-and-software-requirements-for-installing-sql-server-2019?view=sql-server-ver15

 

Have you considered the implications of time zones when it comes to your litigation needs?

by: Trent Livingston, Chief Technology Officer

Most of today’s legal technology platforms require that a time zone be selected at the time of ingestion of data. Or, in the case of forensic software, the time stamp is displayed with a time zone offset based upon the device’s time zone setting. However, when conducting a review, the de facto time zone setting for your litigation is often determined ahead of time, often based upon subjective information. This is likely the region in which the primary custodian resides. Once that time zone is selected, everything is adjusted to that time zone. It is “set in stone” so to speak. In some cases, this is fine, but in others, it can complicate things, especially if you want to alter your time zone mid-review.

Let’s start by understanding time zones, which immediately begs the question, “how many time zones are there in the world?” After all, it can’t be that many, right? Well, don’t start up your time machine just yet! To summarize a Quora answer (https://www.quora.com/How-many-timezones-do-we-have-in-the-world) we arrive at the following confusing mess.

Spanning our globe, there are a total of 41 different time zones. Given the number of time zones, “shifting time” (so to speak) can be of the utmost importance when examining evidentiary data.

If everything is set to Eastern Standard Time but does not properly allocate for time zone changes, a software application could arbitrarily alter a time stamp inconsistently, and consistency is what really matters! What happens if two of the parties to a matter are in New York while two of the parties are in Arizona? Arizona does not observe Daylight Saving Time. This could result in a set of timestamps being thrown off by an hour spanning approximately five months of the data set (based upon Daylight Saving Time rules). Communication responses that may have happened within minutes now seemingly occur an hour later (or earlier depending on how to look at it). Forensic records could fall out of sync with other evidentiary data and communications or, worse yet, sworn testimony. The key is to ensure consistency to avoid confusion.

CloudNine’s ESI Analyst (ESIA) normalizes everything to Coordinated Universal Time (UTC) upon ingestion, leveraging the original time zone or offset. By doing this, ESIA can display the time zone of the project manager’s choosing (either set at the project level or by the specific user’s account time zone setting). This allows for the time stamp display of any evidence to be changed at any time to the desired time zone across an entire project, allowing for the dynamic view of time stamps. Not only can it be changed during a review, but also set at export. All original metadata is stored, and available during export so that the adjusted time stamp can be leveraged for timelines, while the original time stamp and time zone settings are preserved for evidentiary purposes.

When performing analysis of disparate data sets, this methodology allows users to adjust data to see relative time stamps to a particular party involved in that specific investigation. For example, an investigation may involve multiple parties that are all located in different time zones. Additionally, these users may be traveling to different countries. Adjusting everything to Eastern Time may show text messages arriving and being responded to in the late hours of the day not accounting for the fact that perhaps the user was abroad and was actually responding during normal business hours.

While seemingly innocuous, it can make a big difference in how a jury perceives the action of the party, depending on the nature of the investigation.

As they say… “timing is everything!” especially when it comes to digital evidence in today’s modern era.

Now, where did I leave my keys to my DeLorean?

Learn more about CloudNine ESI Analyst and its ability to deduplicate, search, filter, and adjust time zones across all data types at once here.

Private and Privileged Data: Public Records and FOIA Requests

By:  Julia Romero-Peter, Esq

Information requested from a government agency through a local public records request or the federal Freedom of Information Act (FOIA), may be considered private, personally identifiable information (PII) or privileged. These designations can apply in an ongoing investigation when personal information about an individual is disclosed.  And, in some cases, these designations can be appealed.

What Is Private and Privileged Information?

Private information considered personal in nature can be designated as PII. This can include medical records, financial information, or personal correspondence. Private information is typically exempt from public disclosure laws meaning, government agencies are not required to release such data in a public records request.

Privileged information is not subject to disclosure under the law. Examples of this can include attorney-client privilege, work product, matters of national security, or data related to an ongoing criminal investigation. Privileged information is typically exempt from public disclosure laws, which again, means government agencies are not required to release it in response to a public records request.

If the data requested contains private, privileged information, it may be redacted before being released to a requesting party to prevent the disclosure of national security information, for example.

Tools to Prepare Data for a Public or FOIA Request

CloudNine’s cloud-based solutions can help you locate relevant information for a public record or FOIA request.  CloudNine’s simplified review automation platform can help you manage, review, classify, redact, and prepare productions among all types of digital information. Your team can optimize your workflow and analyze data with precision using the CloudNine Suite, which includes CloudNine ESi Analyst —  the industry’s only investigation platform built and prepared to handle today’s modern data types, such as chat, text, social media, geotracking and more.

To see CloudNine software in action and learn how to save time and costs with an integrated, cloud-based review platform, contact us to schedule a consultation today.

 

To learn about the rise of modern data including social media, SMS, geolocation and corporate chat applications such as Slack and Teams, or click the link to request our newest eBook:  Modern Data Blueprint: Including All Data Sources in Your eDiscovery

 

Three Things to Consider When Moving to the Cloud

By:  Kyle Taylor

Cloud computing is trending today, and for good reasons. Reports from Flexera show that 50% of decision-makers in organizations believe that migration to the cloud will continue to increase.

While some consider it a risky move for data security, others think it’s necessary for business in many ways. What benefits do companies stand to enjoy by moving to the cloud?

Reduce Internal Infrastructure Demands and Hardware Costs

The traditional on-premise Concordance platform has many demands, especially when a company wants to scale upward. It must incur the cost of acquiring additional infrastructure when new employees come on board or it expands operations.

Cloud infrastructure is easier to grow, with a business only having to pay for other resources as required. The cloud environment requires no hardware investment.

Eliminate Time-Consuming Installs, Upgrades, And System Downtime

Migrating legacy systems to a cloud computing solution saves a company time rolling out new software and training. The team has no data centers to update regularly, saving time for more crucial activities. Cloud-based solutions also experience fewer downtimes.

Routine Backups and Disaster Recovery Process

Cloud solutions provide data encryption, regular automatic backups, and speedy data recovery. Cloud hosting providers regularly update security features based on the newest technology to keep your data protected at all times.

Other benefits of moving from the on-premise Concordance platform to the cloud include:

  • No database corruption and data integrity concerns
  • Data migration assistance from professional cloud service providers
  • Access new features, performance improvements, and bug fixes as soon as they are released
  • Unlimited data storage and processing space
  • Flexibility in using the software from anywhere with an internet connection
  • Easily collaborate with internal and external parties
  • Optional overflow services and consulting are available
  • Easy to use modern interface designed for a positive user experience
  • Automated seamless workflows
  • Customizable tag options and formats
  • Cloud-based databases support modern data formats
  • Reviewer statistics
  • Flexible database customization at the user level

The benefits of moving from an on-premise platform (like Concordance) are endless. If you would like to start the migration or get support for your cloud solution, contact us today to schedule a consultation.

Click to Download: Moving to the Cloud: Lessons from the Experts

JSON is not a document, it is data… and lots of it!

By:  Trent Livingston

Modern eDiscovery deals with much more than just documents. In 2020, people created 1.7 MB of data every second, and most of that data was likely stored in a database. Now, newer applications like Facebook, Twitter, Slack are storing copious amounts of data ranging from tweets, wall posts, and chats.

Many of these artifacts are stored with complementary data that can include file links, reactions (such as “likes”), and even geolocation information. Accessing this modern data in order to leverage it for a discovery request often requires some sort of archive process from the originating application, and that is when JSON enters the picture.

JSON stands for “JavaScript Object Notation”, but that doesn’t mean you need to know how to write JavaScript (or any code for that matter)!  If you’ve ever dealt with discovery surrounding any of the aforementioned applications, you’ve likely come across a few JSON files. In a nutshell, think of JSON as a relational spreadsheet where one column of data in one tab of your spreadsheet is defined by another column of data in another tab in another spreadsheet.

For example, you might have a column called “Address” in a spreadsheet and that column contains a series of numeric “id” values that reference another tab in that same spreadsheet. In this secondary tab, each address is broken down into values for that address that may include things like “country”, “zip”, or “street”.  All those values that have the same “id” belong to the “address” reference in the previous tab. Simply put, this is structured data. JSON data is no different. However, JSON can contain a multitude of data structures varying from simple to complex.

The problem with JSON is while there are multiple JSON viewers and formatters online, they do not understand the defined data structures within.  Each platform defines these data structures differently, and while the vehicle may be the same, the defined structure is usually different from application to application (as well as the application’s version).  Therefore, the data within the JSON often comes out in an unexpected format when using a generic formatting tool, and the relationships between the data are often lost or jumbled. (By the way, you should never use any online “free” tool to format potentially confidential or privileged information).

Therefore, it is important to work with someone who understands JSON as an eDiscovery data source.  A single JSON file just a few megabytes in size may represent hundreds, if not thousands of messages, contain numerous links to files, as well as key data relevant to your investigation or litigation. Contained within a JSON file could be any number of nested data formats, including:

  • Strings: a sequence of zero or more Unicode characters, which could include emojis in a Unicode format, usernames, or an actual text message.
  • Numbers: a numeric value that can represent a date, intrinsic value, id, or potentially a true/false value represented as “1” or “0”.
  • Objects: a series or collection of one or more data points represented as named value pairs that create meaning as a whole, such as longitude, latitude, elevation, rate of speed, and direction that make up the components of a device’s location.
  • Arrays: a collection of values or elements of the same type that can be individually referenced by using an index to a unique identifier, such as the choices of a color of a car on a website or a set of canned response values listed in a software chat application.

The thing to remember is the JSON file is actually one big “object”, which is the parent to all of the named value pairs beneath it.  Within this object, you can have more objects that contain numbers, strings, arrays, and yet even more objects. Confused yet?

Not to worry! It is understandable that all this JSON data can quickly become a source of frustration!  The question that remains is, “How do I make sense of all of this structured data and present it for review in a reasonably usable format?” 

Here are some tips:

  1. Make sure you do not overlook JSON as part of your electronic discovery protocol
  2. Leverage an experienced team to help you understand the JSON output
    • Document the source application whenever possible (some JSON include access keys that can expire or be terminated at any time, such as Slack)
    • Preserve the JSON file as you would any other evidentiary data source
    • Document the chain of custody for the JSON file (originating application and version of that application, who conducted the export, as well as any access keys that may be transitory or temporary and their date of expiration)
    • Treat each JSON file and associated content as a potential source of PII, confidential, and/or privileged information given the breadth of data that each may contain
  3. Work with a team and a product that can parse, ingest, and subsequently present JSON data in a usable format for review and production

While there is not an off-the-shelf solution for every JSON file in existence, CloudNine ESI Analyst is a platform designed for the multitude of data types that can be extracted from just about any JSON file out there. Many of which can be easily mapped to a data type construct within our SaaS application that allows for presentation, review, and production in a reasonably usable format.

Contact us today for a demonstration and further detail!

Three Use Cases to Navigate Modern Data in eDiscovery

In litigation, knowing the full picture is the only way to effectively represent your clients. The only problem is most of the story is often stored on electronic devices like smartphones, laptops, or tablets.

While eDiscovery can be dated back to 1981 and the first substantial use of email in litigation (Governors of United State Postal Service v. United States Postal Rate Commission), integrating newer, modern data types like text messages, computer activity, and financial data, has been a bit more challenging. These challenges relate back to how eDiscovery has historically worked and why modern data sources don’t fit nicely into that process. 

When eDiscovery was introduced with email and electronic documents as the primary source of information, simple messages and documents were sufficient to tell the story in a linear document review workflow. But, with sophisticated technology like Slack, chat applications and smartphone messaging where communications occur in real time, the conversion to documents for review hinders a proper evidence analysis.

Making sense of all that data only works when it is presented in the way it was originally communicated. The old documentation process simply doesn’t provide the insight you need to leverage modern data in litigation.

Case Study 1: Tackling Disparate Modern Data from Multiple Sources

No matter how small or large your case is, reviewing modern data can be challenging. Between smartphones, laptops, social media apps, and other connected devices, there’s a plethora of data to sift through to find the evidence you need to support your case. This process becomes even more complicated when the data is presented through the lens of traditional eDiscovery meaning, in traditional document format. What once worked for simple electronic communications no longer tells the whole story within complex, real-time and editable messaging technologies like WhatsApp, Slack and social media.

So what happens when you have to produce data from hundreds of international sources, and need it to tell the story of what actually happened? Let’s look at a case study of a construction company who had to do exactly that.

The Problem:

One of the largest construction companies in the world required the collection of modern data from 300 international sources. While the sheer number of sources was a challenge in itself, the real difficulty was working with disparate data from so many different sources.

Each business unit within the company used different technology so data had to be collected from a vast number of sources – local desktops, laptops, smartphones, tablets, and backup servers.

Plus, because so many BYOD devices were used, legal, data privacy, IT, and risk & compliance departments had to be consulted throughout the collection and review process to ensure no U.S. or international privacy laws were broken.

The Solution:

Ultimately, our client needed to understand who said or did what, and when. Basic documents with communications from readily available sources wouldn’t be enough, because they couldn’t easily identify the critical timeline of events or the intentions of each party. In the end, CloudNine ESI’s actor normalization function was the key to finding the evidence needed.

The Results:

By matching specific individuals to different aliases and phone numbers, attorneys were able to identify a handful of photos shared from the vast amount of data collected that proved the construction company was at fault. These photos were presented to the court in the form of inline bubble messaging that was easy to read and view.  To learn more about this use case, click here.

Case Study 2: Overcoming the Personal Device eDiscovery Challenge

There’s an expected, inherent trust between a company and its employees which means employees typically won’t do work that’s a conflict of interest with their current employer. Unfortunately, that trust is sometimes broken by actors that take advantage of their position.

The Problem:

When a heavy equipment manager became the target of a moonlighting case that cost his company money, attorneys were discouraged when they couldn’t find any evidence of wrongdoing. There were no documents, emails, or invoices to be found through traditional eDiscovery.

The Solution:

Fortunately, the key to the case was the manager’s smartphone.

By gaining access to his phone, attorneys were able to secure tens of thousands of text messages directly related to the case. This helped them discover how he operated his illegal side hustle. They also learned he was sharing confidential, copyrighted, and proprietary information through photos sent via text message.

The Results:

Through CloudNine ESI Analyst, attorneys were able to create conversation threads which were easy to review and produce. These threads not only helped them identify other involved parties, but let them produce messages, including embedded images, videos, GIFs, and emojis.

Without the ability to review and analyze the bad actor’s smartphone data, the case likely would not have gone forward.  

To learn more about this use case, click here.

Case Study 3: Protecting Company Data with Modern eDiscovery

The average American holds 12 jobs in their lifetime so it’s safe to say you will lose employees from time to time. Whether purposeful or accidental, the odds are good their personal devices will contain confidential or proprietary information when they walk through the door for the final time.

So what if you could examine their devices and remove all sensitive material before they left?

The Problem:

An employee spent six months working from home on a personal laptop before announcing his resignation to work for a competitor. If the employee was allowed to leave without a device review, he’d likely be leaving with documents that would benefit both him and his new employer.

Whether he would ever used those documents or not, chances are he’d find himself in the middle of a long, expensive trade secrets case which would also impact his new employer.

The Solution:

The representatives of the employee’s current company needed a way to access his personal laptop and identify any confidential or proprietary documents to be destroyed before he went to work for their competitor. They sought out a solution to easily identify these risks to protect their company, the employee and the employee’s future company.

The Results:

With CloudNine ESI Analyst, company representatives were able to access his personal laptop, create a chain of custody and review the data found on it. This allowed them to find confidential and proprietary data and remove it before the employee left for his new position, protecting all parties involved.

By doing this in advance, you preserve the data and protect it without relying on your employees to remember if they have sensitive information on their devices or not.

To learn more about this use case, click here. 

CloudNine ESI Analyst – A Modern eDiscovery Solution for Modern Data Review

While most law firms, corporations, and LSPs are challenged to review modern data through traditional eDiscovery tools, they struggle to pull the true value out of the data. Each text and corporate chat message are recreated as stand-alone documents, leaving you to piece them all together like a giant legal jigsaw puzzle with missing pieces and others that simply don’t fit the storyline.

With a robust and flexible modern eDiscovery tool like CloudNine ESI Analyst, you have access to alternative data to help you put the puzzle together through linear storytelling that creates a digital trail of evidence, including some of these popular sources:

  • Text messages (SMS and MMS)
  • Call logs
  • Voicemails
  • Messenger applications (Slack, Teams, WhatsApp, Messenger, etc.)
  • Computer activity
  • Financial transactions
  • Geolocation

Modernize your investigations and litigation by effectively managing the data in a single platform instead of wasting time managing a menagerie of documents in siloed systems.

Every case is unique and requires you to find the facts and context to tell the complete story. Contact CloudNine and learn how we can help you leverage all the data to get to the truth of the matter. Contact us to learn more.