Historically, eDiscovery software has run on a physical computer. However, this architecture has a significant number of operational and financial flaws that make it an unattractive option as the world of information management and therefore the eDiscovery industry moves forward and into the arena of Cloud Computing.

First of all, even though the cost of computing power (i.e. processors, memory, etc.) has dropped dramatically over the past several years and will continue to drop, with the option to run software in a virtual computing environment, it no longer makes any sense to “bind” software to single physical computer. The model is not flexible and doesn’t leverage operational investments in data center infrastructure, rack space, power, cooling, cabling, maintenance and support.

Further, software running on a single physical computer is very inefficient as it rarely utilizes the power of that computer.  And, when a physical computer is maximized, a new physical computer has to be provisioned (i.e. setup, configured, software loaded, tested, etc.) which takes time and therefore costs money.

Virtual computing environments, on the other hand, enable multiple virtual machines to run on the same physical machines thereby maximizing the utilization of the available computing power. Theoretically, users should be able to provision new virtual machines (within a physical machine) to meet specific computing demands without having to necessarily provision a new physical machine.  Taking this virtual machine concept to a datacenter or in come cases a multi-datacenter concept, Cloud Service Providers (CSPs) such as Amazon (AWS) and Rackspace utilize the latest technology to enable the seamless provisioning of additional virtual computing environments within a single physical machine and  across as many physical machines as is necessary to complete a task.  Further, most CSPs now enable users to also provision the appropriate amount of memory and storage as may be required for a specific task and for a specific amount of time. As an example, if Early Case Assessment  (ECA) software ran in a virtual environment, users could provision a large number of both virtual and physical machines (with the appropriate memory and storage) to tackle the high processing requirements during ingestion and initial processing and then reduce the number of machines (virtual and physical) once the data was moved to a less computer intensive task such as document review.

The added benefit to the virtual eDiscovery software approach is that the vendor would then have the flexibility to only charge users for the computing power, memory and storage that they used as opposed to the current model that basically charges users for or required users to purchase idle computing resources.

This all sounds very attractive and I am sure that when users understand the operational and financial value of virtual eDiscovery software, they won’t be interested in an eDiscovery platform that doesn’t run in a virtual environment.  Unfortunately, there are only a few eDiscovery software platforms that have been designed to run in a virtual environment.  And, although there are both hardware and software solutions available that will enable a legacy software solution (not designed for a virtual environment) to run in a virtual environment, they are somewhat clumsy and add additional expense and unnecessary layers of processing.

Further, eDiscovery software that is not virutal will not be very adept at running in the new cloud computing environment where virutal machines are the norm if not the requirement.

So, in the next several weeks, as a lead in to the release of the eDSG/DCIG 2012 Early Case Assessment Interactive Buyer’s Guide, I will be publishing several articles on which eDiscovery software vendors have eDiscovery software that was designed to run in a virtual environment.

Background:

Virtualization is the Key to Future eDiscovery Software
Source: original article
Author:
Categories: Electronic discovery, e-discovery, ediscovery

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TJS of New York, Inc. v. New York State Dep’t of Taxation and Fin., 932 N.Y.S.2d 243 (N.Y. App. Div. Nov. 3, 2011)

In this case, the court determined that the software program necessary to view certain files produced to the petitioner subject to New York’s Freedom of Information Law was a “record” for purposes of the law and was thus subject to production itself.

Pursuant to New York’s Freedom of Information Law, Petitioner requested and received records in connection with a sales tax audit performed by the Department of Taxation and Finance.  However, certain data could not be viewed without a copy of the Department’s Audit Framework Extension software, which the Department refused to provide.  Accordingly, Petitioner moved to compel production.  The motion was denied, as was Petitioner’s motion for reconsideration.  Petitioner appealed.

Taking up the question, the court provided the broad definition of a “record” under the law, namely “any information kept, held, filed, produced, or reproduced by, with or for an agency …, in any physical form whatsoever ….”  The Department argued that the software was not a record because it contained no information.  Petitioner disagreed.

The court agreed with the petitioner:

The description of the software submitted by the Department and the reasoning and analysis contained in the advisory opinions relied on by petitioner lead us to conclude that the software at issue contains information and, thus, constitutes a record for FOIL purposes.FN1  Specifically, the affidavit submitted by the Department from an auditor involved in the design and development of the software program, as well as the attached training manual for the software, reveals that the software is the means for conducting an audit and that, based on data entered by an auditor, the program does reconciliations, creates letters, produces forms, determines taxes due or refunds owed and creates a comprehensive audit report.  The June 1998 advisory opinion cited by petitioner concludes that software that enables an agency to manipulate data is a record pursuant to FOIL in the same way that a written manual describing a series of procedures would be subject to disclosure under FOIL (see Comm. on Open Govt. FOIL–AO Letter from Robert J. Freeman to George F. Supan [June 24, 1998]; see also Comm. on Open Govt. FOIL–AO–18079 [2010] ).  The 2001 advisory opinion references a definition of software as “a series of instructions designed to produce information that can be seen on a screen, printed, stored, transferred and transmitted” and concludes that it is a record subject to FOIL (see Comm. on Open Govt. FOIL–AO–12920 [2001] ).  Given these opinions and the Department’s own description of the capabilities of the program, we conclude that it is more than just a delivery system or data warehouse and, instead, falls within FOIL’s broad definition of a record subject to disclosure (see Public Officers Law § 86[4]; Matter of Data Tree, LLC v. Romaine, 9 N.Y.3d 454, 462, 849 N.Y.S.2d 489, 880 N.E.2d 10 [2007] ).

The court also found that the Department failed to meet its burden of demonstrating the applicability of the proffered statutory exemption.

A copy of the opinion is available here.

Background:

Software Necessary to View Files Subject to Production under NY Freedom of Information Law
Source: original article
Author: K&L Gates
Categories: Electronic discovery, e-discovery, ediscovery

This e-discovery news is syndicated from e-discovery websites and blogs that make their feed available via RSS. Contact us to have your RSS feed added or removed.

Rentokil, a pest control company that operates in 46 countries and has over 30,000 employees, became the largest organization to begin using Google Apps last October.

According to Wikipedia.com, “Google Apps is a service from Google for using custom domain names with several Google products. It features several Web applications with similar functionality to traditional office suites, including: Gmail, Google Calendar, Talk, Docs and Sites.”

Rentokil had over 40 e-mail systems including open source solutions and Microsoft Exchange. This caused huge problems with simple internal communication between employees. Basically, Google Apps, considered Software as a Service (SaaS), is going to allow Rentokil, and thousands of other organizations, to streamline and normalize its applications and most likely reduce overall IT costs.

SaaS is here and it’s not going anywhere. In fact, it makes perfect sense. Why would a company invest millions in infrastructure and licensing for software that it can affordably rent? For some companies it makes sense to support and deploy licensed software. The main one I can think of is that the software may not be offered as a Saas solution, yet (emphasis on yet). Another objection may be security. However, as time passes, that argument and others like it will become less of a concern or hurdle to organizations as they strive to cut costs.

What does a pest control company choosing Google Apps have to do with eDiscovery?

When I come across stories like this I think about the impact on eDiscovery, good or bad.

SaaS is akin to any new technology or service that I come across. As an eDiscovery practitioner I need to study it.

I need to know how it works. I need to know how the data is stored and where it’s stored.

I need to know if artifacts are left on a local hard drive.

I need to know the proper way to preserve the data.

I need to treat it like a frog in 10th grade Biology class.

More importantly, I need to ask the proper questions when interviewing IT personnel or persons most knowledgeable about a company’s software use. The first question should be – Does the company use SaaS or similar applications? If the answer is yes, the list of questions can go on and on.

FTP me up, Scotty!

Another trend is third party FTP services.  FTP stands for File Transfer Protocol and it is typically used by organizations to transfer large files that don’t normally fit into an email.  Some services allow a user to “attach a file” to an e-mail using an Outlook plug-in and instead of the large file being sent as an attachment, a link is sent in its place.  A user can also choose to send a file using Internet Explorer or another browser.   The recipient receives an e-mail notifying them that a file is ready to be downloaded after they click on the hyperlink. After a certain period of time, the file is purged from the site and is no longer available via a hyperlink.

Again, this great service can pose significant challenges for anyone dealing with ESI. What if someone sent a file that one believes is integral to the matter, but it’s no longer available on the FTP site, nor can it be located on the sender’s or recipient’s computer? After all efforts have been exhausted to find the file have come up short, is it possible to go after the SaaS provider and request backup tapes be restored? If so, what is the cost associated with that effort? Is an order from the court necessary? I certainly pity the SaaS providers…

If your job requires you to deal with ESI then you need to be hip to what’s new or become fast friends with an eDiscovery aficionado.

Trends can become the norm quickly.

As a lawyer, paralegal, eDiscovery practitioner or anyone dealing with eDiscovery, one must be aware of the trends or find oneself wearing platform shoes or worse, having a hairdo they will later regret.

Background:

RENTOKIL or RentToUse – FTP (File Transfer Protocol), SaaS (Software as a Service), and other eDiscovery trends
Source: original article
Author: d4admin
Categories: Electronic discovery, e-discovery, ediscovery

This e-discovery news is syndicated from e-discovery websites and blogs that make their feed available via RSS. Contact us to have your RSS feed added or removed.

Global Corporation Selects Clearwell for Unmatched Speed, Market-Leading Early Case Assessment Capabilities and Proven Cost Savings

Background:

Fortune 100 Company Signs Million Software Agreement With Clearwell Systems For In-House E-Discovery
Source: original article
Author:
Categories: Electronic discovery, e-discovery, ediscovery

This e-discovery news is syndicated from e-discovery websites and blogs that make their feed available via RSS. Contact us to have your RSS feed added or removed.

New “e-discovery” software can analyze millions of documents in a fraction of the time, and at a fraction of the cost consumed by human lawyers, even deducing patterns of behavior.

Background:

Armies of Expensive Lawyers, Replaced by Cheaper Software
Source: original article
Author:
Categories: Electronic discovery, e-discovery, ediscovery

This e-discovery news is syndicated from e-discovery websites and blogs that make their feed available via RSS. Contact us to have your RSS feed added or removed.

E-discovery and the software that makes it possible is undoubtedly part of the legal industry’s future, and young attorneys are in a position to be able to quickly develop and use the skills necessary to help their employers integrate the newest technologies into the litigation of their cases.

Background:

The Impact of Advanced E-Discovery Software on Young Lawyers
Source: original article
Author:
Categories: Electronic discovery, e-discovery, ediscovery

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Evaluation Based on Completeness of Vision and Ability to Execute

Background:

Clearwell Systems Positioned in the “Leaders” Quadrant in First Magic Quadrant for E-Discovery Software
Source: original article
Author:
Categories: Electronic discovery, e-discovery, ediscovery

This e-discovery news is syndicated from e-discovery websites and blogs that make their feed available via RSS. Contact us to have your RSS feed added or removed.

28 August 2011  — In Thorncreek Apartments III, LLC v. Village of Park Forest, the United States District Court for the District of Illinois held that counsel waived privilege to six inadvertently produced documents by failing to properly handle documents flagged as privileged and failing to oversee the online production process. 2011 WL 3489828 (N.D.Ill. 2011).

For the case click here.

Background:

Misunderstanding of Vendor’s Software Leads to Waiver of Privilege
Source: original article
Author: posselist
Categories: Electronic discovery, e-discovery, ediscovery

This e-discovery news is syndicated from e-discovery websites and blogs that make their feed available via RSS. Contact us to have your RSS feed added or removed.

[As is the case with our 8 things series, the opinions expressed in the 5 myths guest columns are those of the guest contributor and not necessarily mine or AIIM's.  This guest post is by Shiraz Ahmed, CEO of ITAZ Technologies.  As usual, contra perspectives welcome.]

Isn't it ironic that with advancing technology, we are quick to spend on 'cool' gadgets for personal use though they do not yield any financial return in most cases; but we are reluctant to invest in technology that is proven to yield a return in the short-to-medium term? This also holds true when it comes to moving a business to the paperless model. Let us look at five myths about paperless offices that prevent organizations from adopting electronic document management, and consequently miss out on the benefits that such technology brings.

Myth #1: Dedicated IT staff are required to maintain a DMS application.

Reality – This is fast becoming a thing of the past. Modern software applications can be simple to install and easy to maintain. Today’s document management software is designed on a task-based model. That means software developers place themselves in your shoes and learn what organizations want from the solution. What comes out is a solution that you can deploy, use and manage by yourself. 

Myth #2: Employees will resist the move.

Reality – Well, employees will certainly be wary at first. They have been working with paper for years and are comfortable with the system. But the first time they find a document in seconds, they will begin to appreciate the system. Additionally electronic document management systems make business processes more structured. This means your staff will quickly find themselves more efficient than before. Paper-centric processes tend to take the focus off the result and shift it to the process. If there is one thing that electronic document management does, it puts the focus back to where it belongs – results.

Myth #3: Managing documents electronically is less secure than paper based processes.

Reality – Controlling access to paper-based documents is possible only by locking filing cabinets and restricting entry to rooms that house document archives. How many filing cabinets would you unlock in a day if you needed to retrieve a couple of dozen documents? And almost every time you retrieve a document, you would need to file it back and lock the cabinet. So long as the cabinet is unlocked or open, all files and documents are together accessible to those around. Document management software replaces this cumbersome and unsecure process with document-level access control, using passwords, document encryption, assigning of permission-based roles to users etc. This almost guarantees that your documents, folders and indeed the entire document management system stay secure from unauthorized access and use.

Myth #4:  ROI can be achieved only in the long term.

Reality – As you make the switch from paper-based processes to digital processes, gains from time savings and improved efficiency can be immediate. Apart from this, your need for paper as well as related consumables, cabinets, storage space etc. will fall significantly. This will result in huge cost savings. Although putting in place a document management system means you need to invest in a scanner and document management software, you could recover it in a matter of months. Read the white paper Measuring ROI on a Document Management System to know more about this.

Myth #5: Paper use must be totally eliminated to achieve a paperless office.

Reality – The move to a paperless office is always a gradual one. No doubt, minimizing paper consumption is one of the milestones on the road to achieving a paperless office; but the bigger gains are made through electronic document management and process automation. There will always be certain documents that are required by applicable laws to be in paper form. Electronic document management helps you reduce paper consumption significantly so that managing the few documents that are left in paper form hardly takes any effort.

Now that these myths have been dispelled, here are five steps to going paperless…

1. Determine the size of your paper-based document archive
2. Study the work processes in your organization
3. Invest in and roll out document management software to match these needs
4. Digitize your paper archive by scanning the documents
5. Organize documents to make them easily retrievable and design workflows to expedite business processes.

Adopting the above five steps will ensure that you do not miss out on these technological advances made in the area of business management. The coolest gadget in town will now be your office laptop or PC!

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About the Author – Shiraz Ahmed is the CEO of ITAZ Technologies which he founded in 1999. ITAZ develops and markets Document Management Software products which are extremely simple to use. ITAZ’s products Globodox and Sohodox have enabled organizations in over 50 countries to reap the benefits of document management without incurring large investments.

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Other 5 myths guest posts

5 myths about working with information in the 21st century

5 myths about records management

5 myths about enterprise social media

5 myths about SharePoint records management

5 myths about electronic document management for small business

5 myths about collaboration in the enterprise

5 myths about document automation and electronic document creation

5 myths about ECM ROI

5 myths about document management

5 myths about the CMIS standard

5 myths about SharePoint

5 myths about taxonomy and SharePoint

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Have you registered for our Social Business Virtual Conference yet? It's September 8 and there are still a few slots left…REGISTER

Background:

5 Myths about Paperless Office That Hinder Document Management Software Adoption
Source: original article
Author: John Mancini
Categories: Electronic discovery, e-discovery, ediscovery

This e-discovery news is syndicated from e-discovery websites and blogs that make their feed available via RSS. Contact us to have your RSS feed added or removed.

What is Electronic Discovery Software?

Attorneys, paralegals, and IT staff use e-discovery software to assist in the electronic discovery process. Many e-discovery service providers use their own proprietary software to do e-discovery. If you choose to do it yourself, you have a number of software options to consider.

Software for Various E-Discovery Stages

One of the initial questions is, what stage in the e-discovery process do you need software for? You have a number of options:

• Information/records management prior to litigation
• Identification of electronically stored information (ESI)
• Preservation and collection of ESI
• Processing/filtering and review of ESI
• Production of ESI

No e-discovery software application can handle all e-discovery tasks because that would result in a gigantic, bloated application. Rather, e-discovery software providers offer various tools to assist with each e-discovery phase or task.

E-Discovery Tools

The next question is, what types of tools do you need? E-discovery software can be used for a variety of tasks. For example, electronic discovery software can be used to

• Search for relevant data and emails on a network, Microsoft Exchange Server, or PC
• Recover deleted or lost data (including email) on a PC, network, or other media
• Collect data in a forensically sound manner to preserve file system and file meta data
• Review and mark ESI as relevant, privileged, confidential, or other categories (ESI may include documents, email, spreadsheets, sound, or video)
• Destroy and erase data after litigation is completely over

E-Discovery Software Companies
Some of the largest electronic discovery software and service providers include Kroll Ontrack, Fios, Electronic Evidence Discovery, Renew Data, Zantaz, and Applied Discovery. There are also many small shops that provide e-discovery services.

Electronic Discovery Software Advice

1. Buying e-discovery software is not simple. Courts will not tolerate attorneys with an incompetent e-discovery process that results in missed data or spoliation. The consequences of doing e-discovery wrong has included monetary sanctions, spoliation inferences, and more.

2. If you do your own e-discovery, be sure you know what you are doing. First, the person using the e-discovery software should understand the hardware and software technology where the ESI may reside. Second, the the person using the e-discovery software should understand the court rules governing electronic evidence discovery.

3. Know when to get help. If you don’t have experience doing e-discovery, hire someone who does, such as an e-discovery vendor. If you do e-discovery frequently, it may be worth training someone on your staff to do the work and buying the software tools that are necessary. (Even then, you may outsource some of the complex e-discovery tasks.) If you rarely do e-discovery, hire an e-discovery vendor to do the work for you, which will be substantially cheaper and will ensure the work is done right.