Identification
June 16, 2011
By Doug Austin
I found this article in the CIO Central blog on Forbes.com from Robert D. Brownstone – it’s a good summary of issues for organizations to consider so that they can avoid major eDiscovery nightmares. The author counts down his top ten list David Letterman style (clever!) to provide a nice easy to follow summary of the issues. Here’s a summary recap, with my ‘two cents’ on each item.
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June 10, 2011
By Doug Austin
A few months ago at LegalTech New York, I conducted a thought leader interview with Tom O’Connor of Gulf Coast Legal Technology Center, who didn’t exactly mince words when talking about the trend for attorneys to “finally tak[e] technology seriously”. As he noted, “lawyers are finally trying to take some time to try to get up to speed – whining and screaming pitifully all the way about how it’s not fair, and the sanctions are too high and there’s too much data. Get a life, get a grip. Use the tools that are out there that have been given to you for years. The ethical responsibilities of counsel these days includes competently directing and managing eDiscovery.”
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May 23, 2011
By Doug Austin
No, eDiscoveryDaily has not begun providing weather forecasts on our site. Or stock forecasts. But, imagine if you could invest in an industry that could nearly sextuple in nine years? (i.e., multiply six-fold). Well, the cloud computing, or Software-as-a-Service (SaaS), industry may be just the industry for you. According to a Forrester report from last month, the global cloud computing market will grow from 40.7 billion dollars in 2011 to more than 241 billion dollars by 2020. That’s a 200 billion dollar increase in nine years. That’s enough to put anybody “on cloud nine”!
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May 06, 2011
By Doug Austin
Law firms and corporations alike tend to keep data storage devices well beyond what their compliance requirements or business needs actually dictate. These so-called “skeletons in the closet” pose a major problem when the entity gets sued or subpoenaed. All that dusty data is suddenly potentially discoverable. Legal counsel can be proactive and initiate responsible handling of this legacy data by defining a new, defensible information governance process.
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April 29, 2011
By Doug Austin
I read an interesting article from Texas Lawyer via Law.com entitled “4 Steps to Effective E-Discovery With Software Analytics” that has some interesting takes on project management principles related to eDiscovery and I’ve interjected some of my thoughts into the analysis below. The steps are as follows.
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February 28, 2011
By Doug Austin
Today’s thought leader is George Socha. A litigator for 16 years, George is President of Socha Consulting LLC, offering services as an electronic discovery expert witness, special master and advisor to corporations, law firms and their clients, and legal vertical market software and service providers in the areas of electronic discovery and automated litigation support. George has also been co-author of the leading survey on the electronic discovery market, The Socha-Gelbmann Electronic Discovery Survey. In 2005, he and Tom Gelbmann launched the Electronic Discovery Reference Model project to establish standards within the eDiscovery industry – today, the EDRM model has become a standard in the industry for the eDiscovery life cycle and there are eight active projects with over 300 members from 81 participating organizations. George has a J.D. for Cornell Law School and a B.A. from the University of Wisconsin – Madison.
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February 18, 2011
By Doug Austin
Today’s thought leader is Jim McGann. Jim is Vice President of Information Discovery at Index Engines. Jim has extensive experience with the eDiscovery and Information Management in the Fortune 2000 sector. He has worked for leading software firms, including Information Builders and the French-based engineering software provider Dassault Systemes. In recent years he has worked for technology-based start-ups that provided financial services and information management solutions.
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February 16, 2011
By Doug Austin
Today’s thought leader is Alon Israely. Alon is a Senior Advisor in BIA’s Advisory Services group and when he’s not advising clients on e-discovery issues he works closely with BIA’s product development group for its core technology products. Alon has over fifteen years of experience in a variety of advanced computing-related technologies and has consulted with law firms and their clients on a variety of technology issues, including expert witness services related to computer forensics, digital evidence management and data security.
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January 04, 2011
By Doug Austin
Comedian Nick Bakay always ends his Tale of the Tape skits where he compares everything from Married vs. Single to Divas vs. Hot Dogs with the phrase "It's all so simple when you break things down scientifically". The late December/early January time frame is always when various people in eDiscovery make their annual predictions as to what trends to expect in the coming year. I thought we would take a look at other predictions and see if we can spot some common trends among those. Here they are.
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December 27, 2010
By Doug Austin
This holiday week, we’re taking a look back at some of the cases which have had the most significance (from an eDiscovery standpoint) of the year. The first case we will look at is The Pension Committee of the Montreal Pension Plan v. Banc of America Securities, LLC, 29010 U.S. Dist. Lexis 4546 (S.D.N.Y. Jan. 15, 2010) (as amended May 28, 2010), commonly referred to as “Pension Committee”.
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December 13, 2010
By Doug Austin
Friday, we began talking about the article entitled Top 7 Legal Things to Know about Cloud, SaaS and eDiscovery on CIO Update.com, written by David Morris and James Shook from EMC. The article relates to storage of ESI within cloud and SaaS providers and looks at key eDiscovery issues that must be addressed for organizations using public cloud and SaaS offerings for ESI. Here are thoughts regarding the remaining four issues from the article.
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December 10, 2010
By Doug Austin
There was an interesting article this week regarding Software as a Service (SaaS) and eDiscovery entitled Top 7 Legal Things to Know about Cloud, SaaS and eDiscovery on CIO Update.com, written by David Morris and James Shook from EMC. The article relates to storage of ESI within cloud and SaaS providers and the key requirements that must be addressed by adopters of cloud technology for their ESI.
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December 06, 2010
By Doug Austin
The meet and confer is required 90-100 days after the case has been filed and, at that meeting the parties must disclose to each other "a description...and location of, all documents, electronically stored information and tangible things...that the disclosing party may use to support its claims or defenses". That’s not much time. The best way for organizations to address this potential issue is proactively, before litigation even begins, by preparing a data map.
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October 21, 2010
By Doug Austin
Alon Israely has over fifteen years of experience in a variety of advanced computing-related technologies. Alon is a Senior Advisor in BIA’s Advisory Services group and currently oversees BIA’s product development for its core technology products. Prior to BIA, Alon consulted with law firms and their clients on a variety of technology issues, including expert witness services related to computer forensics, digital evidence management and data security.
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October 20, 2010
By Doug Austin
This week, the EDRM Mid-Year meeting is taking place in St. Paul, MN. Twice a year, in May and October, eDiscovery professionals who are EDRM members meet to continue the process of working together on various standards projects. EDRM has eight currently active projects and there are over 300 members from 81 participating organizations including eDiscovery providers, law firms and corporations.
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October 15, 2010
By Doug Austin
Jim McGann is Vice President of Information Discovery for Index Engines. Jim has extensive experience with the eDiscovery and Information Management. He is currently contributing to the Sedona working group addressing electronic document retention and production. Jim is also a frequent speaker for industry organizations such as ARMA and ILTA, and has authored multiple articles for legal technology and information management publications.
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October 11, 2010
By Doug Austin
eDiscovery Daily is excited to announce a new blog series of Q&A interviews with various eDiscovery thought leaders. Over the next three weeks, we will publish interviews conducted with six individuals with unique and informative perspectives on various eDiscovery topics. Mark your calendars for these industry experts!
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October 01, 2010
By Brad Jenkins
I ran across this ad from the early 1980s for a 10 MB disk drive - for $3,398! What a deal! Even in 2000, storage costs were around $20 per GB. Today, 1 TB is available for $100 or less. At these prices, it’s natural for online, accessible data in corporations to rise exponentially. It’s great to have more and more data readily available to you, until you are hit with litigation or regulatory requests. Then, those extra GBs can cost as much as $16K apiece!
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