E-Discovery Technical Standard at Crossroads | law.com

An attempt by the e-discovery industry to standardize how applications share data has gained only modest adoption, and although technical improvements are planned, there are mixed opinions about the project’s long-term prospects.

Version 1.0 of the specification, EDRM-XML, debuted from the Electronic Discovery Reference Model organization in February 2008 after being proposed in March 2007. Load files are a common input/output method for e-discovery data. By replacing proprietary approaches with a version built on openly published code, the data becomes more accessible, officials promised. Future versions could also allow users to customize or expand the blueprint as needed, they said.

Three years and six months later, vendor adoption of the specification, now in version 1.2, is notable on a surface level but less so in real-world use. There are 24 companies listed on the project website as having at least one compliant product, but none actively call for their customers to use EDRM-XML as the primary method of moving data. Most remain content using Concordance and Summation load files. Another 14 companies are listed as participants, although officials acknowledge that participating has the minimum requirement of simply being on a conference call.

“It has not been as widely used as we would like to see. But I think that’s not really that different from what we were anticipating would be the case,” EDRM co-founder and legal technology expert George Socha said, citing industry indifference as the standard’s biggest obstacle. “One barrier to adoption is inertia,” he said, from St. Paul, Minn.

via E-Discovery Technical Standard at Crossroads.

Everyone’s Writing The Obituary For “Per Gig” E-Discovery Pricing, But Has Anyone Derived A Fair Solution? #ediscovery

There has been much discussion within the electronic discovery industry regarding the demise of the “per gigabyte” pricing model, and understandably so given the multi-million dollar price tags associated with large e-discovery projects.  Despite the commoditization and downward pricing pressure facing all vendors, average price points simply have not scaled to meet the demands associated with the explosive growth in discovery data volumes.  Not only has this created intense sticker shock for law firms and their clients, but it also creating a significant challenge to vendors as they balance competitive pricing with overall value provided to the client and the need to make enough profit to sustain the business.

So my question to the industry and our clients – what’s next?  We have grown from charging “per page”  in the early days of e-discovery to “per gigabyte” pricing today.  Are firms and corporations willing to work with vendors in the early stage of a matter to develop a value-based flat rate?  Are software developers willing to move from unit-based pricing to a profit-sharing or subscription model?

I will continue to follow the discussion and welcome comments regarding the same.

Brad Mixner, Founder & President, Global EDD Group | brad.mixner@globaledd.com

 

 

 

Interview With Venio Electronic Discovery, E-Disclosure And Information Compliance Solutions : Enterprise Features

What is “electronic discovery”? And how can companies prepare themselves in the event of a legal discovery request?

Electronic discovery (also called e-discovery or ediscovery) refers to any process in which electronic data is sought, located, secured, and searched with the intent of using it as evidence in a civil or criminal legal case. Companies can prepare themselves in the event of a legal discovery request by utilizing a variety of methods and technologies. There is no simple defense mechanism, but by following through on policies and procedures as well as utilizing the latest in legal hold, collection, and processing technologies.

What is the difference between computer forensics and simple electronic discovery? And why do companies need to be aware of this?

Computer forensics is a specialized form of e-discovery in which an investigation is carried out on the contents of the hard drive of a specific computer. After physically isolating the computer, investigators make a digital copy of the hard drive. Then the original computer is locked in a secure facility to maintain its pristine condition. All investigation is done on the digital copy.

While in the process of electronic discovery, data of all types can serve as evidence which can include text, images, calendar files, databases, etc. Companies need to be aware of this to ensure that the investigators’ best practices are being performed during the ediscovery/computer forensics process.

via Interview With Venio Electronic Discovery, E-Disclosure And Information Compliance Solutions : Enterprise Features.