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Information Governance

Is the eDiscovery Market Growing or Shrinking? Or Maybe SHIFTING?: eDiscovery Trends

If you look at the number of eDiscovery companies that have been merged or acquired over the past couple of years, you might think that the market is shrinking.  On the other hand, if you look at the number of venture capital firms investing in the industry and the number of new startups, you might think that the market is growing.  So, which is it?

According to the ABA Journal (Market to manage electronic documents in a state of flux, written by Jason Krause), more than 30 major eDiscovery companies were acquired or merged, or they disappeared.  But at the same time, venture capital firms poured millions of dollars into startups and upstart companies offering technology to manage electronic documents in litigation.  So, with regard to whether the eDiscovery market is growing or shrinking, maybe it’s a bit of both.

Jason’s article observes that “Large corporate clients are resistant to paying millions for litigation support services when a lawsuit arises. Rather, large organizations are investing in tools to manage electronic records before litigation ever happens.” “E-discovery revenue streams and technology are opening up opportunities for companies with a focus on data from the point of creation, rather than just from the point of a legal trigger event,” says (my colleague) Rob Robinson, who (if you read our blog regularly, you already know this) tracks industry investment activity and conducts a quarterly eDiscovery business confidence survey on his excellent website Complex Discovery.

So, maybe it’s not so much that the market is shrinking or growing, as much as it’s shifting.  Hmmm…

Jason points to industry estimates as an example that the eDiscovery market isn’t as lucrative, noting that “analysts at IDC Research claimed the e-discovery industry earned $9.7 billion in revenues in 2006 and predicted they would explode and hit $21.8 billion by 2011. But last year, IDC published a new set of figures. It said the industry had only just surpassed $10 billion in revenues, making a much more modest prediction of $14.7 billion in revenue by 2019.”

Jason points to the revised Federal Rules of Civil Procedure as one potential cause for weakened demand from clients, particularly Rule 37(e) and the reduced likelihood for significant sanctions – due in large part to the new “intent to deprive” standard to be met for significant sanctions to be administered.  He notes that, because of the rule change, clients “are less terrified of sanctions and less willing to spend big bucks on a service provider who will collect and process massive data sets.”  That, in turn, is leading to consolidating of “old-line e-discovery vendors”, like the LDiscovery $410 million acquisition of Kroll Ontrack in October of last year and the $240 million merger of OpenText and Guidance Software in July of this year.

To me, the other factor of change in that equation is automation – we’re seeing automation technology increasingly being applied to both collection and processing, reducing the requirement for the professionals that used to perform those services.  At least to a degree, eDiscovery revenue is shifting from services to software (though there is still a need for certain services) and automation and cloud technologies are continuing to make those services more affordable.

However, given the fact that data within organizations is doubling every 1.2 years (but budgets aren’t) and also given how many sources of data there are to manage these days, organizations still have a challenge – how to manage the growing volume and variety of data within the organization to meet the information needs for that organization.  As a result, I think we’re seeing a shift (there’s that word again) in focus to the left side of the EDRM model and Information Governance.  The need to gain insight into an organization’s data will continue to be strong, regardless of current sanctions rules regarding data spoliation.  Maybe that’s one reason why all those venture capital firms are investing – not just for the growth in the eDiscovery market, but also the growth in the InfoGov market as well where many of the same software and services can be applied.  When you put both of them together, the future (in my opinion) is still bright.  I shift you not.  :o)

So, what do you think?  Is the eDiscovery market growing or shrinking?  As always, please share any comments you might have or if you’d like to know more about a particular topic.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine. eDiscovery Daily is made available by CloudNine solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Daily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

Thursday’s ILTACON 2017 Sessions: eDiscovery Trends

As noted Monday, Tuesday and yesterday, the International Legal Technology Association (ILTA) annual educational conference of 2017 (otherwise known as ILTACON) is happening this week and eDiscovery Daily will be reporting this week about the latest eDiscovery trends being discussed at the show.  Today is the last day to check out the show at the Mandalay Bay if you’re in the Las Vegas area with a number of sessions available and as many as 215(!) exhibitors providing information on their products and services.

Sessions of interest in the main conference tracks include (all times PT):

9:00 AM – 10:00 AM:

O365 and Exchange Ediscovery Capabilities: While Office 365 and Exchange ediscovery capabilities can make our jobs easier, they can also be subject to problems. What can you expect from these products? In this live demo, you’ll get an interactive tutorial of the features these platforms offer – from the glitz to the glitches.

Takeaways:

  • Understand what the different software offerings are and are not good at
  • Identify gotchas for each product

Speakers include: John Collins, Director of Information Governance & Office 365 Consulting DTI.

Your Perimeter Will Be Breached: Your law firm will be hacked. What do you do when that happens? How do you mitigate the damage done? Join us for a technical discussion on what you can put in place that will help you identify where you have been hacked and how to get rid of the threat.

Takeaways:

  • Determine a list of things to check when you’re back in the office
  • Identify ways to find intruders in your perimeter and mitigate risk

Speakers include: Brian Johnson, Sr. Security Engineer Emergent Networks.

11:15 AM – 12:15 PM:

New Microsoft Features That Will Affect Ediscovery in the Future: Microsoft continues to add features to its products that could make preservation, collection, review and production easier in the future. More and more corporations are using those products. Is it time for law firms to follow suit? Come hear a panel discuss how Microsoft’s legal hold and ediscovery compliance features could change how we deal with ediscovery now and in the future. Will you be prepared to take advantage of these changes?

Takeaways:

  • Learn how Microsoft’s legal hold and ediscovery compliance features are making it easier to deal with ediscovery challenges
  • See how these new features could affect how we deal with edIscovery
  • Discover how to take advantage of these features to further your career

Speakers include: Scott M. Cohen, Managing Director Winston & Strawn LLP; Jake Frazier, Information Governance & Compliance Practice Leader FTI Consulting; EJ Bastien, Lead eDiscovery Program Manager Microsoft Corporation – Legal and Corporate Affairs; Troy Dunham, eDiscovery Program Manager Adobe Systems Legal Department.

2:00 PM – 3:00 PM:

Data Analytics for Information Governance: Whether you’re in a law firm or corporate environment, using data and key metrics can improve your information governance (IG) and system performance. What types of data should you be evaluating, and how to do find the value of it? How can you create the ideal information governance framework by distilling data into building blocks that tie together? We’ll examine case studies to demonstrate data-driven decisions made throughout the building and remodeling of successful IG programs.

Speakers include: Gillian Glass, Director of Practice Support, Paralegals and Records Farella Braun + Martel LLP; Megan Beauchemin, Director of Business Intelligence and Analytics InOutsource; Daniel Holohan, Chief Information Officer The Advisory Board Company.

What’s in YOUR Ediscovery/Litigation Support Strategic Plan?!: Looking into the future, what is the focus of your strategic plan? What are your staff needs and technology needs? Is there company growth? Creating and managing a strategic plan can be difficult, especially as emerging needs fight for resources and attention. This presentation will give ediscovery and litigation support professionals tips on updating, revamping and revisioning their strategic plan. We will also discuss various approaches and timetables for the strategic planning process.

Takeaways:

  • Cultivate ideas on how to develop a strategic plan
  • Identify who needs to be involved
  • Determine factors to consider in your strategic plan

This session will NOT be recorded.

Speakers include: Mary Pat Poteet, Managing Consultant; David Bryant Isbell, Director, Global Practice Support Baker & McKenzie; Ashley Smith, Managing Director Deloitte.

3:30 PM – 4:30 PM:

Preserving, Collecting and Producing Databases for Ediscovery: An industry expert will share how they deal with, manage and produce structured data and databases during litigation and government investigations. Attendees will hear about common challenges and solutions to help deal with these challenging sources of data, and they will learn about techniques to preserve, collect, review and produce structured data and databases.

Takeaways:

  • Learn how to preserve, collect and produce databases
  • Understand common challenges and pitfalls to avoid when dealing with databases
  • Establish a list of questions to ask when dealing with databases

Speakers include: Jim Vint, Managing Director, Practice Lead Global Legal Technology Solutions Navigant.

So, what do you think?  Did you attend ILTACON this year?  If so, what did you think?  Please share any comments you might have or if you’d like to know more about a particular topic.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine. eDiscovery Daily is made available by CloudNine solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Daily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

Wednesday’s ILTACON 2017 Sessions: eDiscovery Trends

As noted Monday and yesterday, the International Legal Technology Association (ILTA) annual educational conference of 2017 (otherwise known as ILTACON) is happening this week and eDiscovery Daily will be reporting this week about the latest eDiscovery trends being discussed at the show.  There’s still time to check out the show at the Mandalay Bay if you’re in the Las Vegas area with a number of sessions available and as many as 215(!) exhibitors providing information on their products and services.

Sessions of interest in the main conference tracks include (all times PT):

9:00 AM – 10:00 AM:

eDiscovery Industry Resources: There are many industry resources for professionals in ediscovery, including Women in eDiscovery, ILTA, ACEDS, EDRM and Sedona. How can you get involved with these organizations, and what are the benefits of becoming a member? Speakers from each organization will share how they can help you and your team.

Takeaways:

  • Gain a better understanding of each organization
  • Learn how to become a member

Speakers include: Amy Juers, Founder & CEO Edge Legal Marketing; Peter Pepiton II, Director of eDiscovery Dinsmore & Shohl; Janelle Eveland Belling, Managing Director of E-Discovery Services & Strategy Perkins Coie; Doug Austin, Vice President of Professional Services CloudNine; Martin Tully, Co-Chair, Data Law Practice Akerman LLP.

Everything You Need to Know About EU General Data Protection Regulation, but Were Afraid to Ask (Until Now): Law firms that deliver services to European Union residents need to be prepared for the new General Data Protection Regulation going into effect May 25, 2018. Discover what you need to know about the GDPR, so you can develop a strategy for reviewing and updating your operations to meet the new obligations. We will also explore technologies available to assist and ways you can secure funding and support from firm leadership.

Takeaways:

  • Understand how to prepare for GDPR compliance
  • Develop a basic plan for implementing GDPR controls
  • Identify resources for GDPR preparation and implementation
  • Understand technology tools available

Speakers include: Ian Raine, Director of Product Management iManage; Jeff Hemming, Product Manager – Marketing Solutions Tikit Inc.; Robert Cruz, Senior Director, Information Governance Actiance, Inc.; Grant Shirk, Vice President, Marketing.

11:00 AM – 12:30 PM:

How to Hack a Law Firm: Many law firm’s conduct external penetration tests, but you can still be hacked. Whether you’ve been through a dozen tests or are facing your first, it’s important to gain insight into the most common ways hackers gain access to a law firm’s data and assets. Learn about the best controls you can put in place to defend against these threats.

Takeaways:

  • Determine a list of top 10 things you need to go back to your firm and check
  • Identify how your firm policies can increase your risk

Speakers include: Kenny Leckie, Senior Technology & Change Management Consultant Traveling Coaches, Inc.

3:30 PM – 4:30 PM:

Automating Information Governance: We’ve all been told that automation is the future of managing and governing information. With automation come many benefits, including rule-based email management, the most sophisticated forms of automated classification and discovery of data’s “meaning.” Interested? Come learn about available technologies, challenges in implementing automation and important lessons information governance (IG) practitioners have learned that can help us put these next-generation tools and techniques to work today.

Takeaways:

  • Discover different techniques to automate solutions to your IG problems
  • Outline what works and what doesn’t
  • Understand why automating IG is worth the investment

Speakers include: Julie J. Colgan, Senior Director, Strategy & Innovation DTI; Leigh Isaacs, Director, Records & Information Governance White & Case LLP; Brianne Aul, Firmwide Senior Records and Information Governance Manager Morgan, Lewis & Bockius, L.L.P.

Ediscovery Data and Records Collaboration: A closed matter is just the beginning to what can often be a complex data storage process. What information gets returned to the client? What data sets get destroyed? What data do you need to keep? From understanding your client’s records retention strategy to having a step-by-step plan with records managers, a collaborative strategy is necessary to ensure records are safeguarded and processes are compliant.

Takeaways:

  • Understand complex data storage methods
  • Comprehend the importance of your clients’ records retention policies and how they affect your retention practices
  • Identify best practices from records managers and general counsel

Speakers include: Brian Jenson, Director, Litigation Support & E-Discovery Services Orrick, Herrington & Sutcliffe LLP; Martin Susec, Assistant General Counsel Nationwide Mutual Insurance; Richard Dilgren, National Director, Data Science & Strategy FRONTEO.

So, what do you think?  Are you planning to attend ILTACON this year?  Please share any comments you might have or if you’d like to know more about a particular topic.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine. eDiscovery Daily is made available by CloudNine solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Daily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

Tuesday’s ILTACON 2017 Sessions: eDiscovery Trends

As noted yesterday, the International Legal Technology Association (ILTA) annual educational conference of 2017 (otherwise known as ILTACON) is happening this week and eDiscovery Daily will be reporting this week about the latest eDiscovery trends being discussed at the show.  There’s still time to check out the show at the Mandalay Bay if you’re in the Las Vegas area with a number of sessions available and as many as 215(!) exhibitors providing information on their products and services.

Sessions of interest in the main conference tracks include (all times PT):

11:00 AM – 12:30 PM:

A Deep Dive into Project Management in Litigation Support: Take a deep dive into advanced litigation support project management (PM) principles. This workshop will be led by three high-level ediscovery strategists and is designed for professionals who live in the trenches of complex litigation support management. Learn principles you can leverage and apply immediately to improve your organization’s PM maturity.

Speakers include: Michael Quartararo, Director of Litigation Support Services Stroock & Stroock & Lavan LLP; Daryl Shetterly, Director, DRS Operations Orrick, Herrington & Sutcliffe LLP

1:30 PM – 2:30 PM:

Managing Data from the EU During Litigation: A panel will discuss current issues and solutions for dealing with data from the European Union during litigation and government investigations. Topics will include certification through Privacy Shield and using Model Clauses in your agreements to address privacy and security concerns.

Takeaways:

  • Learn about the current status of EU data privacy issues
  • Identify how to avoid getting in trouble when dealing with EU data
  • Become comfortable with how the Privacy Shield certification process works

Speakers include: Michael Boggs, Director of Practice Support Holland & Hart; Mollie C. Nichols, Senior Attorney Cleary Gottlieb Steen & Hamilton LLP; Chris Dale, e-Disclosure Consultant E-Disclosure Information Project; Ben Rusch, V.P. Review Solutions – Europe & APA Consilio; Jonathan Wilan, Partner Baker & McKenzie.

3:30 PM – 4:30 PM:

Real-World On-Prem to Cloud Migrations: A panel of peers from firms with experience migrating on-premises systems to the cloud will discuss how their cloud strategies were formed; what moved when and resource allocation; what to look for in a cloud provider; affected business processes; level of effort (time, cost, etc); cloud growth projections; addressing client data audits; and security concerns and challenges. This is a follow-up to Monday’s session on “The Cloud vs. No Cloud Debate.”

Takeaways:

  • Determine things to consider when planning a move to the cloud
  • Gain lessons learned from peers and how to avoid the same pitfalls

Speakers include: Jeffrey Brandt, Chief Information Officer Jackson Kelly PLLC; Christopher P. McDaniel, Chief Information Officer Smith, Gambrell & Russell, LLP; David Tremont, Director, Network Services Bracewell LLP; Moosa Matariyeh, Principal Solutions Architect CDW.

3:30 PM – 5:30 PM:

Litigation Support Roundtable: What major challenges will we face next in litigation support? Gather around this lively, moderated roundtable discussion that will focus on hot topics in industry-wide litigation support and issues to consider for the future. Topics will be selected by session attendees and could include staffing, product selection, technological advances, recent case decisions and outsourcing.

Takeaways include:

  • Experience a lively and timely discussion

Speakers include: Stephen Dooley, Assistant Director of Electronic Discovery and Litigation Support Sullivan & Cromwell LLP; Jack Thompson, Sr. Manager – Litigation Support/Legal Operations Sanofi.

So, what do you think?  Are you planning to attend ILTACON this year?  Please share any comments you might have or if you’d like to know more about a particular topic.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine. eDiscovery Daily is made available by CloudNine solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Daily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

Time for ILTACON 2017: eDiscovery Trends

The International Legal Technology Association (ILTA) annual educational conference of 2017 (known as ILTACON) kicked off yesterday with several networking events, and begins in earnest today with the first day of sessions.  eDiscovery Daily will be reporting this week about the latest eDiscovery trends being discussed at the show.  Over the next four days, we will provide a description each day of some of the sessions related to eDiscovery to give you a sense of the topics being covered.

If you’re in the Las Vegas area, come check out the show at the Mandalay Bay – there are a number of sessions available and as many as 215(!) exhibitors providing information on their products and services.  Sessions of interest in the main conference tracks include (all times PT):

11:00 AM – 12:00 PM:

Challenging ESI Sources: Judge Peck and Craig Ball will discuss the technical and legal issues related to the most challenging electronically stored information (ESI) sources they have dealt with over the past six months in ediscovery. Learn how to prepare and deal with these challenges in your own matters.

Takeaways:

  • Better understand some of the emerging data sources that will become more mainstream in the next several years
  • Identify real-world examples of how to deal with these ESI sources in a defensible way today

Speakers include: Craig Ball, ESI Special Master and Texas Attorney Craig D. Ball, P.C.; Allen McNee, Chief Revenue Officer Integreon; Honorable Andrew J Peck, US Magistrate Judge of New York.

1:00 PM – 2:00 PM:

Latest Trends in Leveraging Analytics in Litigation Support: As the ediscovery industry matures, much has been written and said about the concepts and theories underlying technology-assisted review. How is it being leveraged in practice in 2017, and what’s next on the horizon? Judge Peck and three industry experts will present real-life case studies — some including new applications — and give predictions on the future of advanced analytics in litigation support.

Speakers include: Thomas Barce, Director of Consulting Services KrolLDiscovery; Beth Patterson, Chief Legal & Technology Services Officer Allens; Doug Matthews, Partner Vorys, Sater, Seymour and Pease LLP; Jeremiah Weasenforth, Managing Attorney Team Lead Orrick, Herrington & Sutcliffe LLP Honorable Andrew J Peck, US Magistrate Judge of New York.

The Cloud vs. No Cloud Debate: More and more vendors are moving to cloud models, which can put you in a difficult spot. How do you successfully make the case to move to these cloud solutions? How do you address risk concerns from your firm’s leadership and clients? Can you comply with a client’s “no cloud” demands while leveraging cloud technology? Let’s explore the cloud vs. no cloud debate and prepare you for Tuesday’s session on “Real-World On-Prem to Cloud Migrations.”

Takeaways:

  • Develop a review process for considering cloud solutions
  • Identify features and controls to mitigate risk and make clients happy

Speakers include: Robert DuBois, Chief Information Officer Briggs and Morgan, P.A.

Using the Information Governance Maturity Model: Understanding the defining characteristics of information governance (IG) programs at differing levels of completeness and maturity is a must for your program to be effective.Using the Law Firm Information Governance Symposium (LFIGS) information governance maturity model as a guide, attendees will learn how to identify where you are in different facets of law firm IG maturity and how you can advance your program to the next level.

Speakers include: Brian Donato, Chief Information Officer Vorys, Sater, Seymour and Pease LLP; Dana C. Moore, Manager of Records & Information Compliance Vedder Price P.C.; Terry Coan, Senior Director HBR Consulting LLC.

2:30 PM – 3:30 PM:

Transition Your Litigation Support Career to Cybersecurity and Information Governance: Litigation and practice support specialists are cornering new niches of consultation and expertise in cybersecurity and information governance. While many of the skills and experiences of ediscovery professionals touch on the implications of information governance policies and data security issues, the transition from the litigation support world to another related discipline is not a short and easy path. Success requires significant additional education and certification, an understanding of advanced developing technology proficiencies, and the ability to leverage these areas of high value consulting work from a business perspective. Come hear tips and lessons learned from industry leaders who have incorporated cybersecurity and information governance into their roles.

Speakers include: Caroline Sweeney, Global Director Ediscovery & Client Technology Services Dorsey & Whitney; Rachelle Rennagel, eDiscovery Counsel Pillsbury Winthrop Shaw Pittman LLP; Wale Elegbe, Senior Manager, eDiscovery & Litigation Support Sullivan & Cromwell LLP; Jared Coseglia, Founder & CEO, TRU Staffing Partners, Inc.

4:00 PM – 5:00 PM:

Stand By Me: A Mock 30(b)(6) Deposition of a Corporate IT Representative: Litigation support professionals are often called upon to shepherd client data identification, preservation and collection. Discovery challenges could call into question the integrity and sufficiency of these processes, leading to motion practice and the deposition of a client’s corporate IT representative. In this interactive session, watch as we stage a 30(b)(6) deposition from start to finish and stop along the way to discuss key points and issues you should plan for and be aware of. We’ll also involve the audience to get thoughts and feedback on what you perceive to be the correct course of action.

Takeaways:

  • Understand what to expect during a typical 30(b)(6) deposition
  • Receive tips on how to properly prepare your client by focusing on litigation readiness
  • Learn how to avoid common pain points and errors

Speakers include: Scott B Reents, Lead Attorney, Data Analytics and E-Discovery Cravath, Swaine & Moore LLP; Matthew K. Blaine, Partner Davison Eastman & Munoz, P.A.; George Chiu, Director, Systems Development Prudential Financial, Inc.; Roe Frazer, Attorney, Frazer P.L.C.

The Future of Search in Law Firms: What does the future hold for search in law firms? How far will legal knowledge management push the search envelope beyond documents, matters and expertise? Further than you think! Let’s explore the future of search, including integrating search-enabled applications, broadening the search scope available to the mobile professional, incorporating artificial intelligence, enhanced visualization and the use of predictive analytics, and the use of machine-generated metadata to improve search results. See how search can fulfill its promise of making your lawyers more effective and firm-client relationships more collaborative.

Takeaways:

  • Identify possible search functions
  • Visualize the future of search in your law firm
  • Learn how you can prepare for the future of search
  • Hear Case Studies from two law firms to improve search

Speakers include: Todd Friedlich, Sr. Manager of KM Technology and Innovation Ropes & Gray; Douglas Freeman, Knowledge Systems Manager White & Case LLP; Glenn LaForce, EVP / Chief Strategy Officer Handshake Software; Peter Wallqvist, VP of Strategy iManage.

And, of course, you don’t want to miss the Exhibit Hall Opening Reception from 7:00 PM – 9:00 PM ET, where they’ll “beam you up” into another realm of space and science fiction. As always, this is a great opportunity to visit with exhibitors and tour the Exhibit Hall in a relaxed setting and hors d’oeuvres and beverages will be served.

So, what do you think?  Are you planning to attend ILTACON this year?  Please share any comments you might have or if you’d like to know more about a particular topic.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine. eDiscovery Daily is made available by CloudNine solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Daily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

Personnel, Not Technology the Biggest Factor Prohibiting Business Value from Long-Term Digital Info: eDiscovery Trends

In this era of big data, an organization’s ability to govern and preserve digital information, especially long-term digital information, is key. Earlier this month, the Information Governance Initiative (IGI), working closely with IGI Supporter Preservica, provided a benchmark of the state of the industry on the critical issue of governing and preserving long-term digital information.  Let’s take a look.

In its second annual survey of IG professionals regarding the use of long-term digital information (i.e., longer than ten years), IGI and Preservica had several interesting findings.  Last year, their benchmark report illustrated an interesting finding that virtually every responding organization (98%) needs digital information for longer than ten years, but very few (16%) have a viable approach.  This year’s survey had some interesting findings as well, such as:

  • The vast majority of responding organizations (83%) realize (or plan to realize) direct business value from their long-term digital information, targeting areas like market analysis, product development, and customer service;
  • The top 3 challenges preventing organizations from getting business value from their long-term digital information are: 1) Lack of personnel dedicated to the issue, 2) Organizations capability in this area is informal or immature, and 3) Organizations lack the proper tools or technology;
  • Not surprisingly, IG professionals indicated that the C-Suite is affected the most by failure to effectively govern and preserve digital information, with CEOs, General Counsels, heads of Records Management, CIOs, and Boards of Directors are those most affected by failure in this area;
  • Business functions most requiring long-term digital information included Legal operations (79% of respondents), Financial management (67%), HR management (64%) and IP management (48%);
  • Business applications most containing long-term digital information included Collaboration environments (80% of respondents), Accounting systems (75%), Contract management systems (71%), Transactional systems (58%), Messaging systems (55%) and Case management systems (54%);
  • The most critical capabilities to preserving and governing long-term digital information are Ensuring readability and usability of information (89%), Proving authenticity and trustworthiness (79%), Supporting records retention and disposition requirements (79%), Providing secure access and discovery to business users (62%), Conformance with standards for digital preservation (59%) and Automated transfer of records from operational systems to long-term digital preservation systems (51%).

To see a summary and download a copy of the Infographics for this report, click here (signup required, but it’s free).

So, what do you think?  Are you surprised the extent of the need for digital information longer than ten years?  Please share any comments you might have or if you’d like to know more about a particular topic.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine. eDiscovery Daily is made available by CloudNine solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Daily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

The Internet is Even Busier That it Was Last Year: eDiscovery Trends

About this time last year, I published (or re-published, if you will) a terrific infographic that illustrated what happens within the internet in a typical minute in 2016.  Since I will be part of a panel discussion at The Master’s Conference in San Francisco next Tuesday and the topic will be big data and data discovery, I thought it would be good to take a fresh look at what happens in a 2017 internet minute!

This updated graphic, created by Lori Lewis, illustrates what happens within the internet in a typical minute in 2017.  There are several different categories tracked in this graphic than the one we referenced last year, so it’s interesting to see what’s tracked this year.  For the categories that are the same, they are all (not surprisingly) up, compared to last year – some more than others.  More data to manage within organizations and during litigations, investigations and audits than ever!  Here is the graphic again, full sized:

They say a picture says a thousand words, so consider my blog post complete for today!  :o)

So, what do you think?  How have the challenges of Big Data affected your organization?  Please share any comments you might have or if you’d like to know more about a particular topic.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine. eDiscovery Daily is made available by CloudNine solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Daily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

78 is Great! eDiscovery Daily Is Seventy Eight! (Months Old, That Is)

A new record!  (Get it?)  Seventy eight months ago today (a.k.a., 6 1/2 years), eDiscovery Daily was launched.  It’s hard to believe that it has been 6 1/2 years since our first three posts debuted on our first day, September 20, 2010.  Now, we’re up to 1,656 lifetime posts, and so much has happened in the industry that we’ve covered.

Twice a year, we like to take a look back at some of the important stories and topics during that time.  So, here are just a few of the posts over the last six months you may have missed.  Enjoy!

Thanks, once again, for your support!  Our subscriber base and daily views continue to grow, and we owe it all to you!  Thanks for the interest you’ve shown in the topics!  We will do our best to continue to provide interesting and useful eDiscovery news and analysis.  And, as always, please share any comments you might have or if you’d like to know more about a particular topic!

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine. eDiscovery Daily is made available by CloudNine solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Daily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

What are the Current Trends in eDiscovery? Catch this Webinar to Find Out: eDiscovery Trends

A lot is happening in eDiscovery these days and it’s harder than ever to keep up.  I have no choice to keep up with current eDiscovery trends – I write a daily blog, so I have to continue to find new topics to write about.  Thankfully, you don’t have to do that – you can attend a one hour webcast later this month for a recap of recent key eDiscovery trends and case law to stay current with today’s trends in eDiscovery, information governance and cybersecurity.

On March 30 at noon CST (1:00pm EST, 10:00am PST), CloudNine will conduct the webcast Key eDiscovery Trends and Case Law for 2017.  This one hour webcast will cover key events, trends, and developments that occurred over the course of last year (or so) and how they impact those in the eDiscovery community.  Examples of trends being covered include:

  • Evolution of eDiscovery Technology
  • Privacy Trends in the US and Internationally
  • Key Trends in Cybersecurity and Data Breaches
  • Continued Evolution of Artificial Intelligence in the Legal Space
  • What Happens Every Minute on the Internet
  • Proliferation of Rules Regarding Attorney Technical Competence
  • Important Cases in Technology Assisted Review
  • Key 2015 Federal Rules Changes and How They Impacted Case Law

I’ll be presenting the webcast with Julia Romero Peter, Esq., General Counsel and VP of Sales at CloudNine and we will condense over a year’s worth of key stories and trends down to a one hour presentation.  When I conducted this presentation recently at the February meeting of Houston Association of Litigation Support Managers, it was called “insightful and thought provoking”.

To register for the webcast, click here.  I write a daily blog and keep abreast of current eDiscovery trends to make it easier for you to keep up with those same trends – now, here’s an opportunity to do so in an hour.  Hope you can attend!

So, what do you think?  Are you up to date in the latest trends in eDiscovery?  Please share any comments you might have or if you’d like to know more about a particular topic.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine. eDiscovery Daily is made available by CloudNine solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Daily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

Brad Jenkins of CloudNine: eDiscovery Trends

This is the first of the 2017 LegalTech New York (LTNY) Thought Leader Interview series.  eDiscovery Daily interviewed several thought leaders at LTNY (aka LegalWeek) this year to get their observations regarding trends at the show and generally within the eDiscovery industry.

Today’s thought leader is Brad Jenkins of CloudNine™.  Brad has over 20 years of experience as an entrepreneur, as well as 15 years leading customer focused companies in the litigation technology arena. Brad also has authored several articles on document management and litigation support issues, and has appeared as a speaker before national audiences on document management practices and solutions.  He’s also my boss!  🙂

What are your observations about LTNY this year and how it compared to other LTNY shows that you have attended?

Once again, a majority of my time at LTNY was spent in meetings with colleagues and business partners as CloudNine had a suite and we had several meetings set up over the course of the three days of the show.  It seems that the meetings outside the show have become as big as the show itself.  Several people that I met with had hardly spent any time (if any) at the show when I met with them.  Because it’s the biggest conference of the year, LTNY provides a unique opportunity for face to face meetings you don’t get during the rest of the year, so it pays to take advantage of that opportunity.  Unfortunately, that comes at the expense of attending most of the conference itself.

I was able to attend some of the conference and spent a little time in the exhibit hall.  Based on what I saw, attendance seemed down this year and some of the exhibitors that I spoke with seemed to agree.  I assume the decision by ALM to charge a fee for the Exhibits Plus passes for the first time ever had an impact on attendance in the exhibit hall.  Not surprisingly, some criticized that decision, so it will be interesting to see if exhibitors push back on that and if ALM decides to charge that fee again next year.

Regardless, with so many opportunities for providers to reach prospects in a less expensive manner and with a market that clearly appears to be consolidating, I would expect that it will continue to be a challenge for ALM to retain exhibitors.  Over the past few years, the number of exhibitors have dropped and I wouldn’t be surprised to see that trend continue unless ALM gets creative in identifying new ways to attract potential exhibitors to the conference.

What about general industry trends?  Are there any notable trends that you’ve observed?

Last year, I noted a clear trend toward SaaS automation within eDiscovery and I think it’s clear that trend has not only continued, but expanded.  In addition to the investment in some automation providers, and the emergence of others like our company, CloudNine, we’ve seen several of the “big boys” (such as Ipro, Thomson Reuters and kCura) roll out their own cloud-based automation initiatives.  In the past year, we also saw organizations like Gartner acknowledge that cloud eDiscovery solutions are gaining momentum in the market due to their ease of use and competitive and straightforward pricing structures.  The move to the cloud for eDiscovery reflects a similar migration to the cloud within organizations for everything from SalesForce.com to Office 365.  In fact, Forbes.com recently published an article that reflected a prediction that, by 2020, 92% of everything we do will be in the cloud.  So, it makes sense that eDiscovery solutions would reflect that trend.

Another trend that has been happening for a few years and is certainly accelerating is the move to the left of the EDRM model for discovery and analytics.  With estimates of data doubling in organizations every 1.2 years, organizations are certainly having to turn to technology to address the challenges associated with that explosion of data.  The need for discovery is no longer initiated just by trigger events such as litigation or investigations – the need for organizations to perform discovery is a perpetual need.  You’re seeing organizations beginning to focus on data discovery to explore patterns and trends within unstructured data, even at the point of data creation, to gather insight into the data they have.  Then, when those trigger events occur, organizations are progressing into more traditional legal discovery to identify, preserve, collect, process, analyze, review and produce key ESI to support legal or investigative activities.  I think you’ll see that trend toward an increased focus on data discovery continue to accelerate as a way for organizations to address the challenges associated with the explosion of data in their environments.

One last trend that I’ll mention is the growing number of state bar associations that have adopted some sort of expectation or guidance for technology competence among their bar members.  I believe that there are 26 states now that have adopted some version of Comment 8 to ABA Model Rule 1.1 and Florida has become the first state to actually mandate technology CLE for their attorneys – three hours of technology CLE over a three year period.  At CloudNine, we believe that educated clients make the best clients and we’ve tried to do our part for the past several years to help educate the legal profession with our blog and, this year, we are adding educational webcasts (with CLE certification in some states) to help educate lawyers.  While I think we still have a long way to go before the legal profession is generally knowledgeable about technology, I think the increased focus on technology competence along with the continued trend toward simplified discovery automation puts attorneys in a better position than ever to use technology to support their discovery needs.

What are you working on that you’d like our readers to know about?

In addition to the educational webcasts that we have started conducting this year, CloudNine recently announced our latest accomplishment in simplified discovery automation with our integration with Relativity that provides Relativity users with a client application that automates the upload, processing, and ingestion of ESI into Relativity, directly from their desktop.  Just as CloudNine users have been able to automate the upload, processing, and ingestion of ESI into CloudNine for several years now, the universe of more than 150,000 Relativity users will now be able to do the same.

We have several other new features and capabilities that provide simplified discovery automation capabilities to our clients that are also in the works and I look forward to having more information to share on those soon.

We are also very active in the data discovery space that I referred to earlier, providing solutions and assistance to help clients address their data discovery needs.  We’re finding that the needs of organizations to gain insight into their data occurs long before litigation and other events trigger the duty of those organizations and CloudNine is at the forefront in helping organizations address their data discovery needs.

As I said during last year’s interview, we feel that CloudNine is the leader in simplifying discovery automation and our unique combination of Speed, Simplicity, Security and Services enables CloudNine to simplify discovery for our clients.  That continues to be our mission as a company and has been throughout our more than 14 years as a company assisting our clients.

Thanks, Brad, for participating in the interview!

And to the readers, as always, please share any comments you might have or if you’d like to know more about a particular topic!

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine. eDiscovery Daily is made available by CloudNine solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Daily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.