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Sam Kakoty

Modern Data Discussions by Leading Experts at The Master’s Conference in DC

Last week, CloudNine Senior Director Rick Clark, VP Rob Lekowski and industry thought leaders convened in Washington, DC for The Master’s Conference first in-person event since early 2020. The two-day event tackled the latest challenges in eDiscovery, cybersecurity, and information governance. Managing modern data was the most popular recurrent topic with four distinct panels on the subject.

Smartphones, collaboration apps, and social media platforms all store a plethora of relevant information and is where today’s most important evidence resides. By avoiding or mismanaging this evidence, lawyers miss out on critical insights. So, how should legal teams incorporate modern data into investigations? Rick Clark addressed this question and more during the panel titled “Telling The Full Story: Leveraging the Data Between the Documents” with panelists Dave Rogers, Kroll; Kevin Albert, PAE; and Sonya Judkins, T-Mobile.

Here are three key takeaways from the panel discussion:

Modern data types can no longer be ignored – Emails and traditional documents are always going to be a part of discovery and investigations, but key data has moved away from these platforms. Conversations in Slack, MS Teams, device chat applications and text messages are additional communications needed to follow the conversation. Nowadays, modern data expands above communications into geolocation, social media posts, user activities and offer the largest insights. Recent case decisions have proven that judges are open to admitting modern data so long as the evidence is relevant and properly authenticated.

 Data shouldn’t be treated like documents – One reason why legal teams avoid modern data is linear document review. Imaging and exporting modern data leads to issues like missing metadata, families, threads, and file types. This method also requires legal teams to review evidence without any threading, deduplication, or link-analysis tools. Instead, large volumes of data are analyzed document by document. Linear document review is tedious, inefficient, and time-consuming but most important is legal teams who use linear document review also run the risk of overlooking important details. By opting for link analysis, litigants can connect various data points together to find relevant information faster.

“There just isn’t a good solution out there” – NOT TRUE – Four panels at the Master’s Conference discussed the challenges of modern data, but only Rick Clark’s panel offered a solution. CloudNine ESI Analyst is the only software that renders modern data in a near-native state. The platform uniquely offers users the ability to ingest and investigate multiple data sources within a single platform. Attendees of the CloudNine breakout session were given a full demonstration of ESI Analyst’s capabilities. Through timelines and 24-hour threads, ESI Analyst enables native analysis of communications, transactions, and computer activities.

Missed the Washington, DC event? Join us May 18th, 2022 for the next Master’s Conference in Chicago, Illinois.

Click here to learn more about how CloudNine ESI Analyst can help you manage your modern data.

BlueStar Accelerates Modern eDiscovery with ESI Analyst – CloudNine Podcasts

It’s a challenge to produce relevant evidence for large cases, especially when they feature non-traditional data types. JSON and PST formats simply don’t do modern data justice. The unwieldy files don’t possess threading or deduplication options. Instead, large amounts of irrelevant data are stretched across a multitude of pages and folders. Finding a team to manually review that data slows production speeds and raises discovery costs. It’s time to stop forcing a square peg into a round hole.

As the CTO and Managing Partner at BlueStar, Jeremy Schaper has seen an uptick of non-traditional data in the last five years. He and his team found CloudNine’s ESI Analyst while searching for an eDiscovery solution to process both traditional and modern data types. Jeremy joined Rick Clark for our CloudNine 360 Innovate Podcast to discuss how BlueStar leveraged ESI Analyst in large cases involving SMS, Slack, and Microsoft Teams data.
Click here to listen to the podcast and learn more.

The Challenges of Modern Discovery – CloudNine Webinar

In the past, attorneys relied on printed pages and forensic imaging to produce and review traditional documents. Neither method is capable of telling the whole story. By treating data as documents, legal teams are unable to draw context from metadata, families, and threads. Static documents also don’t permit the deduplication or isolation of messages at the individual level. These shortcomings lead to slowed review speeds, excessive redactions, and the loss of relevant information.

Since then, the eDiscovery landscape has broadened to encompass modern data types such as text, geolocation, and social media data. When exported by other eDiscovery providers, the data is displayed in unwieldy spreadsheets and JSON files. Lawyers who opt to export modern data face many of the same challenges as they would with traditional discovery measures. As an alternative, a lawyer may try to produce modern ESI in the form of screenshots. Screenshots are mistakenly viewed as an easier production form because they offer clear images of conversations and provide details such as contact names and messaging times. However, several judges have rejected their admission in court due to authenticity concerns. Nowadays, it’s very easy to fabricate text conversations.

As the amount of modern ESI grows, developing an efficient and defensible discovery process becomes paramount. Rob Lekowski and Rick Clark from the CloudNine team joined Kevin Thompson from the Chicago Bar Association to discuss how CloudNine ESI Analyst uniquely tackles the pitfalls of modern discovery. Rob and Rick also provided insight into common questions such as:

  • How should legal teams deal with deleted documents?
  • What are the estimated costs and duration times for small, medium, and big cases?
  • Can you still collect evidence with CloudNine ESI Analyst if you don’t have access to the physical device?
  • How should an attorney negotiate keyword searches with opposing counsel?

To learn how to process and review modern data types in a single platform, watch the webinar here.

CloudNine’s LegalWeek 2022 Recap

Last week, the CloudNine team visited New York City to provide virtual and in-person demos during LegalWeek 2022. Rick Clark, Robert Lekowski, Clint Lehew, and Jess Moore were able to share the capabilities of CloudNine ESI Analyst with over 50 attendees.

As the industry’s only near-native investigative platform, CloudNine ESI Analyst simplifies the discovery of mobile, chat, social, and geolocation data from collection to production. Through our platform, users can filter, search, and tag items at the individual level. Messages can also be viewed through our 24-hour thread feature which increases review speeds by permitting the numbering, tagging, and production of individual messages while displaying the full context of a conversation. The key difference between ESI Analyst and traditional review is our way of processing modern data. Traditional review turns all data into documents without providing sufficient means for filtering and searching conversations. Each message or thread must be reviewed page by page. By rendering messages and media inline, ESI Analyst allows legal teams to piece evidence together at a faster rate.

During LegalWeek, the CloudNine team was able to speak to our clients directly and learn how our platform changed their tactics on approaching data and case strategies. Clients like Phil Hodgkins raved about the user-based pricing and clarity that ESI Analyst offers in telling the whole story. While conducting an internal investigation, Phil’s team found that ESI Analyst saved time and yielded better insights than two traditional review platforms. Since then, Phil has encouraged lawyers to stop cramming mobile data into document-based spaces.

“If [our clients] start talking about mobile data [and getting] into the nuts and bolts of a laptop or any device, we immediately start talking about your tool. It allows you to gain insights much more quickly than putting the data into a typical review space” – Phil Hodgkins, Director of Data Insights and Forensics at Kroll. To learn more about Phil’s experiences with ESI Analyst, click here.

Missed out on CloudNine’s LegalWeek demos? Book a demo today to learn how our software simplifies and accelerates modern data discovery.

Inaugural Symposium on eCrime – Dealing with Multiple Data Sources

Studies show that the average person generates about 100 megabytes of data per minute. While most people leverage technology for work and personal activities, it can also be a tool for criminal offenses. On February 28, 2022, the Henry C. Lee Institute of Forensic Science held a virtual symposium on e-crime. The symposium covered topics such as cell phone forensics, email investigations, and deep fakes. CloudNine Senior Director Rick Clark was featured on a panel alongside Amber Schroader, CEO of Paraben Software, and Christa Miller, managing editor at Forensic Focus. The panel addressed how data from multiple sources can aid an investigation or discovery workflow.

Panel Discussion Points:

  • Concerns from stakeholder perspectives (particular focus on HR, legal, and IT teams)
  • Case studies involving modern data in criminal cases
  • Data privacy and ownership
  • The “human” element of the generation and interpretation of data

Managing multiple data sources doesn’t have to be stressful. To address your concerns in anticipation of your next investigation, click here.

Discover the Power of ESI Analyst During LegalWeek 2022

The past two days have been a blast for the CloudNine team. From now until Friday, March 11, CloudNine is offering in-person and virtual demos while we visit New York during LegalWeek 2022. We would love to see you there as we reconnect with long-time clients and welcome new faces. The CloudNine team is also eager for the opportunity to showcase our latest eDiscovery innovation, ESI Analyst.

Modern discovery is more than documents, it’s about telling the story. Nowadays, emails and Microsoft Office files aren’t enough to piece a narrative together. Large amounts of information can be obtained from financial transactions, geolocation data, social media activity, text messaging, and more. Through customer feedback and client experiences, we recognized how taxing modern data types could be without the right tools. As an emerging solution for modern investigations, ESI Analyst uniquely offers users the ability to ingest and investigate multiple data sources within a single platform. CloudNine’s recent acquisition of ESI Analyst allows us to provide our customers with an in-depth solution for collecting, processing, and reviewing modern data.

Ready to learn more about our latest updates and solutions? There’s still time to schedule a demo. Virtually or in-person, our team is excited to provide demonstrations on the latest integration between CloudNine Review and ESI Analyst. Meetings will also feature updates on CloudNine Review’s other integrations with LAW, Concordance, and Explore via CloudNine’s Discovery Portal. Click here to book a demo before the end of LegalWeek. Or click on the banner below to request a virtual demo later this month.

Managing the Unpredictability of eDiscovery Costs

Client fees are the lifeblood of the legal industry which means unpredictability isn’t congruent to the financial stability of a successful law firm. This means your eDiscovery document review solution can be as much of a liability as it is an asset when striving to remain profitable.

As every case differs in the volume and type of data collected, processed, and reviewed, the costs associated with it can be unpredictable. Without a balanced and consistent cost structure, the result can lead to an undesirable profit loss.

When eDiscovery was first utilized in the late 1990s, it was only in special cases involving email correspondence. Today, the American Bar Association (ABA) estimates that eDiscovery accounts for more than 80% of costs.  That translates roughly to $42 billion a year, with 70% of costs directly associated with document review.

Today’s eDiscovery has evolved further to include device data derived from multiple sources which can quickly inflate expenses and severely impact your operating budget.

At CloudNine , we are dedicated to guiding you towards eDiscovery cost recovery through our streamlined and optimized data solutions; read on for more of our tips to getting to the truth and your revenue goals more efficiently.

Get to The Truth Faster: The Biggest Challenges to Profitable eDiscovery

Controlling eDiscovery costs and charging your clients appropriately comes with certain challenges.

eDiscovery Insourcing vs Outsourcing: The profitability between these two options isn’t always black and white. There are a variety of factors when considering if outsourcing eDiscovery is the right choice for you, including:

  • What pricing models do vendors offer?
  • Are there additional fees?
  • How do hosting costs change over time?
  • Does the vendor own their technology or do they lease it?
  • What’s the full extent of capabilities the vendor has to offer?

By understanding the hidden costs of outsourcing, you can determine if it will allow you to balance cost and functionality effectively.

Delays in Court Proceedings: According to an article in the Washington Post, district attorneys are facing some of the longest case backlogs in living memory due to the COVID-19 pandemic. These delays mean more costs for longer hosting and storage times for important eDiscovery data, especially when being billed by the gigabyte.

Unpredictable Timing: The Sixth Amendment to the U.S. Constitution guarantees a person accused of a crime the right to a speedy trial. That means by federal law, a criminal case must proceed to trial within 70 days of indictment. However, felony trials can sometimes linger for well over a year.  The unpredictability of time between indictment and trial means costs can run higher than expected.

Managing Multiple Vendors and/or Systems: With many vendors specializing in different features and functions, it’s difficult to find a one-stop shop for all your eDiscovery solution needs. To compensate, you’ll need to engage with different vendors resulting in more contracts, more fees, and more time wasted learning how to operate the different systems.

By using a single solution to collect and assemble multiple modern data types, you can better retain the relevant context and timeline to tell the whole story. Putting together all the pieces of the puzzle becomes simpler, faster, and more strategic.

Making eDiscovery Costs More Predictable: A consistent cost recovery model can help predict and recuperate many eDiscovery expenses, but you’ll want to evaluate the pros and cons to identify the model best suited for your firm.

Examples of common cost recovery models include:

Billable Hours: The majority of law firms traditionally charge clients the billable hours they spend performing processing and project management. This model results in the least amount of pushback from clients as they’re paying strictly for the attorneys’ time. However, this can become less profitable if your law firm is forced to host its eDiscovery data long-term due to delays in court proceedings.

Billable Hours + Hosting Fees: To compensate for increased expenses, your law firm can add hosting fees to billing statements in addition to billable hours. However, clients often push back as they may not view hosting fees as actual legal work. These fees, usually charged per gigabyte, can help you recoup eDiscovery costs, but only if the client is willing to pay.

Third-Party Vendor Style: Another option for cost recovery is to invoice your clients with line items similar to how a third-party eDiscovery vendor would operate. You can include billing for individual items such as:

  • The number of gigabytes processed
  • The volume of data hosted
  • Any analytics applied to the data
  • Any licensing fees for software used

While some clients may be familiar with this model based on their experience with eDiscovery vendors, others may balk at these types of expenses. Learn more about how to optimize your eDiscovery cost recovery by downloading our eBook: Optimize eDiscovery Cost Recovery: 6 Steps to Make Your Review Process More Profitable.

Streamline with CloudNine. Optimize eDiscovery in Minutes.

As a proven leader in eDiscovery, CloudNine has provided innovative data collection and review solutions for hundreds of law firms and legal service providers since 2002.
Regardless of the type of cost recovery model you choose, CloudNine’s eDiscovery platform delivers a complete and flexible suite of solutions at a predictable and affordable price.

Some of the benefits include:

  • SaaS Hosting for All Data – CloudNine’s SaaS offering allows analysis and review of all modern data types to include email, text messages, corporate chat applications, and geolocation.
  • Data and Storage Control – Right-size your data by culling it upfront to reduce your storage needs and control your costs.
  • User-Friendly Solutions – Every CloudNine solution is easy to use and operates on a self-service basis including smartphone collection data.
  • Dedicated Support – Our services teams are always available if you need additional support.
  • Flexible Storage – Optimize your spending whether you choose our all-in storage option or choose to pay for storage as needed.
  • Low Overall Pricing – Get predictability and affordability without compromise and leverage the features you need without paying for the ones you don’t.

Improve and optimize your eDiscovery by simplifying and streamlining the process. You’ll make it easier on your clients and more profitable for your firm.  Reach out and book a demo to  learn how CloudNine can make your eDiscovery most cost-efficient.