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CIOs playing larger role in eDiscovery | Messaging Architects

October 9, 2010 By Leave a Comment

A survey recently conducted by the the United States Investigation Services found chief information officers are playing larger roles in the development of eDiscovery policies and solution use, according to the Kansas City Star.

The survey revealed that as organizations update their eDiscovery processes, issues such as data management, collection and timely handling of discovery requests have become their CIOs’ primary priorities.

More than one-third of respondents believe the “preservation and collection stage of electronic data discovery needs the most improvement.” Beyond that, some organizations have still not prioritized the implementation of a highly capable eDiscovery solution. Among these companies, not a single one reported satisfaction with their current eDiscovery process, according to the news provider.

via CIOs playing larger role in eDiscovery | Messaging Architects.

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How to Make eDiscovery An Effective Solution Rather Than a Burden | ArticleWarehouse.com

October 9, 2010 By Leave a Comment

One main motive of electronic data discovery is culling data to reduce costs and enhance the effectiveness of the evidence location, thereby facilitating fair judgments by the courts. The following should be understood by the legal community to derive a better understanding of the process:

  • eDiscovery process vary – e discovery companies are trying their best to elicit credible and favorable contributions in terms of efficiency and accuracy. However, there is no means of ascertaining a level of perfection or a perfect approach.
  • Cost-effectiveness – Reducing costs is a top priority of legal eDiscoveryprocesses. Cost-effectiveness can be better achieved throughout an ongoing process in which many situations need to be changed or adapted for affirmative legal decisions. Multiple challenges will arise, and using these tools to adapt to the demands of each circumstance will help eliminate unnecessary costs.
  • Accentuating the worth of the defense mechanism – As no single approach is 100% perfect, eDiscovery can prove to be a worthwhile process when it provides the ability to cull documents and maintain an audit trail that increases defensibility as a case proceeds. Important documents that were culled and the specific keywords that were used can give better insight into how to progress and how to make the process more effective. This can help lawyers minimize their doubts, errors and guess work, which are all detrimental to effective eDiscovery procedures.
  • Preservation and collection procedures – Though preservation is the first step toward a positive case ending, the challenge lies in preserving the right evidence by identifying the main components, such as data types and data ranges. With the preservation stage under control, collection is the next challenging step. Collection predominantly facilitates the monitoring and updating process that propels the case forward.
  • Technical knowledge handicap – Most judges and lawyers are not well-versed in the technicalities of the IT environment and require sound technical support to understand its systems and functions, like email servers, shared network drives, archival repositories and systems, instant messaging systems, records management, knowledge management, etc. A technical expert can help attorneys comprehend the world of technology and use its components advantageously.
  • Tight Deadlines – Many times the client or those at the client’s end have to work with their investigating teams to meet tight deadlines. It is important to ensure that the people chosen to testify can accomidate court dictated deadlines. In such a scenario, eDiscovery must also occur within the required timeframe.

via How to Make eDiscovery An Effective Solution Rather Than a Burden | ArticleWarehouse.com.

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USIS Survey of Government Leaders Reveals e-Discovery Trends | Business Wire

October 6, 2010 By Leave a Comment

-USIS, an Altegrity company, today released the results of a survey it conducted among government leaders from the federal e-Discovery community at the Digital Government Institute’s Federal e-Discovery Symposium held in late August 2010. Key findings published in the report on the survey, Federal e-Discovery Trends, include:

“This survey reinforces how important it is to have good information management practices in place for the e-Discovery program and the burden it can place on a team when those practices simply aren’t there”

  • The chief information officer increasingly is joining the chief counsel in setting e-Discovery strategy.
  • Information management, data collection, and producing discoverable results in a timely manner are major concerns.
  • More than one-third of respondents said the preservation and collection stage of electronic data discovery (EDD) needs the most improvement.
  • Organizations that place a strong emphasis on the EDD process and strategy tend to have better e-Discovery processes.
  • Among respondents whose organizations do not place an emphasis on the EDD process, not a single one reported being satisfied with their e-Discovery process.

via USIS Survey of Government Leaders Reveals e-Discovery Trends | Business Wire.

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Climbing Back – Consultants George Socha and Tom Gelbmann highlight key trends they identified in their annual e-discovery survey | Law Technology News

August 20, 2010 By Leave a Comment

In the world of electronic data discovery, 2009 was a year to refocus, with providers and consumers shifting away from review and moving toward information management and analysis. And while money wasn’t pouring in like the apex years, revenue is climbing back, with a steady if modest growth.

More than anything else, those are the lessons learned from our seventh annual review of the industry, The 2010 Socha-Gelbmann Electronic Discovery Survey.

We are definitely starting to see the maturation of the electronic data discovery market. The good news: prospects are bright for law firms and EDD providers that focus on helping clients address e-discovery challenges efficiently, with an eye to early understanding of electronically stored information and what it means to the matter at hand.

The future is dim, however, for those who seek only to treat the symptoms, pursuing short-term, reactionary, just-make-it-go-away approaches. It’s also murky for those who continue to insist that the way they addressed EDD three years ago still works fine today.

via Climbing Back.

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Don’t Box ECA – Early case assessment precedes e-discovery | Law Technology News

June 1, 2010 By Leave a Comment

The latest electronic data discovery buzz phrase is most definitely “early case assessment.” But if you examine the Electronic Discovery Reference Model (www.edrm.net), which offers guidelines and standards for e-discovery consumers and providers, you will search in vain for a box entitled ECA.

By not including one, have we missed a crucial step in the e-discovery process?

No. In our opinion, the term early case assessment is misapplied in the e-discovery context. While ECA can — and often should — address e-discovery issues, early case assessment sweeps much more broadly. To the extent ECA connects with e-discovery, the EDRM diagram already accommodates it.

[continued] Don’t Box ECA.

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RVM, Inc appoints Greg Cancilla as Director of Forensics

May 28, 2010 By Leave a Comment

RVM’s forensic practice focuses on computer forensics, electronic data harvesting, data recovery, electronic data discovery, network security and the development of custom applications and solutions. RVM’s client base includes United States and international law firms and companies.

Mr. Cancilla is a Certified Computer Forensic Engineer and the Director of Forensics at RVM. He is experienced in the preservation, identification, extraction, documentation and interpretation of computer data using computer forensic tools. He has completed computer forensics training programs conducted by New Technologies Inc., Access Data, and Guidance Software, the developers of Encase Forensics Software, among others. As a certified forensic engineer, he has performed countless computer forensics investigations since his inception into the field in 2003. Additionally, Mr. Cancilla has offered testimony on numerous occasions, including presenting a key piece of evidence in Ronald Luri v Republic Services, Inc., et al., which rendered the largest verdict in the State of Ohio history.

via RVM, Inc appoints Greg Cancilla as Director of Forensics.

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The E-discovery Goat Rodeo

December 6, 2009 By Leave a Comment

Every major organization is involved in several ediscovery requests at any given time. Industry statistics on costs and time requirements are startling. Organizations routinely spend millions of dollars on a single ediscovery request. Sometimes an organization feels compelled to settle a case purely to avoid excessive legal expenses necessary to adequately comply with current laws, regulations, and the increasingly strict requirements from courts. According to the 2008 Socha-Gelbmann Survey, commercial expenditures on electronic data discovery topped $2.7 billion in 2007, up 43 percent from 2006.

The Goat Rodeo

Goat rodeo: An especially chaotic situation, typically in a corporate or bureaucratic setting. (Source: Wikipedia. Special thanks to our former boss, Marcel Bryar, for introducing us to the term.) Anyone who has managed or responded to an ediscovery request knows the challenges—and that those challenges are not going away.

[continued] AIIM – The Ediscovery Goat Rodeo.

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