chronology

Are You Happy With Your eDiscovery Sourcing Decisions? (Cartoon and Clip)

Are You Happy With Your eDiscovery Sourcing Decisions? (Cartoon and Clip)

Daily we read, see and hear more and more about the cost, time and complexity factors that impact information governance and eDiscovery sourcing decisions. This week’s cartoon and clip features a contemplative look at post-decision stress syndrome (cartoon) and a short reminder of some of the key elements to consider when making important sourcing decisions (clip).


Got Equivio? A Quick Reference to Highlighted Relationships

Got Equivio? A Quick Reference to Highlighted Relationships

Founded in 2004, Equivio has become one of the world’s leading provider of text analysis software for information governance and eDiscovery. Currently they have generated increased interest based on the reported potential acquisition of the company by Microsoft. Provided in this post is a quick reference listing of select technology, governmental and commercial entities that are currently represented as part of Equivio’s installed base or have been mentioned between 2005 and today on the Equivio website in the form of a press release.


Best Practices for Information Governance

Best Practices for Information Governance

It’s generally accepted that the more information we have, the better. Knowledge is power, right? And won’t big data lead to better products, more responsive customer service and enhanced shopping experiences? That is true, but all that information also introduces significant cost and risk into an organization.


Key Privacy Issues in M&A Transactions

Key Privacy Issues in M&A Transactions

Many merger and acquisition (“M&A”) agreements lack specific representations and warranties regarding privacy issues. Often, this is because deal lawyers do not recognize potential privacy risks where the target company (the “Target”) lacks e-commerce websites or retail stores that collect consumer data. Nonetheless, significant privacy issues may exist even if the Target is a traditional “brick and mortar” business. Early attention to privacy issues in M&A transaction planning and due diligence can mitigate risks for both buyers and sellers.


Best Practices: Defensibly Collecting, Reviewing, and Producing Email

Best Practices: Defensibly Collecting, Reviewing, and Producing Email

Emails and their attachments represent an increasingly significant portion of ESI (Electronically Stored Information) collections and for good reason, too. The hundreds of billions of emails that are sent daily paint a comprehensive picture of our personal and professional lives. It’s no wonder that litigators must thoroughly and effectively review these collections for key evidence. Most often, the “smoking guns” are hiding in Outlook .msg files and their attachments. But the peculiarities of email format can make this key evidence difficult to find, defensibly collect, process, review, search, and produce without proper knowledge and tools.


What If Companies Don’t Own All That Data They’re Collecting?

What If Companies Don’t Own All That Data They’re Collecting?

Big data and the “internet of things” — in which everyday objects can send and receive data — promise revolutionary change to management and society. But their success rests on an assumption: that all the data being generated by internet companies and devices scattered across the planet belongs to the organizations collecting it. What if it doesn’t?


e-Discovery Industry Reaction to Microsoft’s Offer to Purchase Equivio for $200 Million – Part Two

e-Discovery Industry Reaction to Microsoft’s Offer to Purchase Equivio for $200 Million – Part Two

The consensus view is that after the purchase Microsoft will essentially disband Equivio and absorb its technology, its software designs, and some of its experts. Then, as Craig Ball predicts, they will wander the halls of Redmond like the great cynic Diogenes. No one seems to think that Microsoft will continue Equivio’s business.


Top 10 Reasons to Use Visual Classification

Top 10 Reasons to Use Visual Classification

We are asked on a regular basis why organizations should use visual classification to manage their electronic and paper repositories for various information governance initiatives. Here’s a summary of how we respond in the form of a top ten reasons list.


Total Assessment Cost with Different Cost Models

Total Assessment Cost with Different Cost Models

In my previous post, I found that relevance and uncertainty selection needed similar numbers of document relevance assessments to achieve a given level of recall. I summarized this by saying the two methods had similar cost. The number of documents assessed, however, is only a very approximate measure of the cost of a review process, and richer cost models might lead to a different conclusion.

One distinction that is sometimes made is between the cost of training a document, and the cost of reviewing it. It is often assumed that training is performed by a subject-matter expert, whereas review is done by more junior reviewers. The subject-matter expert costs more than the junior reviewers—let’s say, five times as much. Therefore, assessing a document for relevance during training will cost more than doing so during review.


Thinking Outside the Box in Information Governance and eDiscovery (Cartoon and Clip)

Thinking Outside the Box in Information Governance and eDiscovery (Cartoon and Clip)

Daily we read, see and hear more and more about technology developments that impact the areas of information governance and electronic discovery. This week’s cartoon and clip features a unique look at innovative thinking in these critical areas (cartoon) and quick reference links to six interesting blogs that regularly highlight the need to truly think about these critical areas (clip).


Measuring Recall in E-Discovery Review: A Tougher Problem Than You Might Realize – Part 1

Measuring Recall in E-Discovery Review: A Tougher Problem Than You Might Realize – Part 1

A critical metric in Technology Assisted Review (TAR) is recall, which is the percentage of relevant documents actually found from the collection. One of the most compelling reasons for using TAR is the promise that a review team can achieve a desired level of recall (say 75% of the relevant documents) after reviewing only a small portion of the total document population (say 5%). The savings come from not having to review the remaining 95% of the documents.


Preserving Gmail for Dummies

Preserving Gmail for Dummies

Try as I might to make it foolproof, downloading Gmail using IMAP and Outlook is tricky. Happily since my post, the geniuses at Google introduced a truly simple, no-cost way to collect Gmail and other Google content for preservation and portability.


Top 10 Things You Need to Know About Email

Top 10 Things You Need to Know About Email

Emails and their attachments represent an increasingly significant portion of ESI (Electronically Stored Information) collections and for good reason, too. The hundreds of billions of emails that are sent daily paint a comprehensive picture of our personal and professional lives, so it is no wonder that litigators must thoroughly and effectively review these collections for relevant case material. All too often, the “smoking gun” is hiding in .msg files and their attachments, but the peculiarities of email format can make this key evidence difficult to find, process for review, search, and produce.


LIVE Launch of the Big Data Public-Private Partnership

LIVE Launch of the Big Data Public-Private Partnership

Joint press briefing by Neelie KROES, Vice-President of the EC in charge of Digital Agenda, and Jan SUNDELIN, CEO of TIE Kinetix.   See the original brief posting at: LIVE Launch of the Big Data Public-Private Partnership Key Facts to Share@EU_Commission LIVE Launch of the #BigData Public-Private Partnership Tweet Buffer


Some Initial Thoughts on the Assumed Microsoft Acquisition of Equivio

Some Initial Thoughts on the Assumed Microsoft Acquisition of Equivio

I thought Microsoft would have gone after somebody else. Pundits claim there were other contenders. The actual acquisition of Equivio by somebody is no surprise. From what the VCs have told me, the Equivio book has been out on the street for awhile. It will be interesting if anyone else makes a play now. But as Ralph [Losey] said: is Microsoft really serious about playing in “our” legal sandbox?


e-Discovery Industry Reaction to Microsoft’s Offer to Purchase Equivio – Part One

e-Discovery Industry Reaction to Microsoft’s Offer to Purchase Equivio - Part One

On Oct. 7, 2014, the Wall Street Journal reported that Microsoft had signed a letter of intent to buy what they called an Israel-based text analysis startup company named Equivio . The mainstream business press has virtually no understanding of the e-discovery industry, nor anything having to do with litigation support. They also seem to have no real grasp of what kind of software Equivio and others like it in the industry have created.


The Business Impact of Pharmaceutical Side Effects (Cartoon and Clip)

The Business Impact of Pharmaceutical Side Effects (Cartoon and Clip)

Daily we read, see and hear more and more about the health, legal and business developments in the pharmaceutical industry. This week’s cartoon and clip features a unique look at the retail sales impact of the pharmaceutical industry (cartoon) and a quick reference link to one of the most informational and timely resources on the pharmaceutical industry, FiercePharma (clip).


Microsoft Said to Sign Letter to Acquire Israel’s Equivio

Microsoft Said to Sign Letter to Acquire Israel’s Equivio

Microsoft Corp. (MSFT) has signed a letter of intent to acquire Israeli text-analysis startup Equivio, said a person familiar with the company’s plans, as the software maker bulks up products for analyzing data.


The Corporate Investigations List (October 2014)

The Corporate Investigations List (October 2014)

The companies listed below are the subject of an ongoing and unresolved FCPA-related investigation. The names are current through September 30, 2014. The entries are based on disclosures in SEC filings or credible news reports or both.


Best Practices: NearDup Identification

Best Practices: NearDup Identification

Near duplicate identification, or ‘NearDup’, is a critically important eDiscovery function that can drastically increase the speed and quality of your review by grouping similar documents, maintaining email threads, retrieving unmarked ‘hot’ documents, and preventing the inadvertent release of critical privileged information. As document collections continue to grow, so does the risk of missing key documents, inconsistently coding productions, and releasing privileged information.


File Analysis for Information Management: New Market Guide From Gartner

File Analysis for Information Management: New Market Guide From Gartner

Published on September 23, 2014, the new Gartner Market Guide for File Analysis Software (G00262949) provides information technology and business professionals with information and insight into more efficient, less costly and less risky ways to manage what is generally regarded as unstructured data through the use of file analysis software.


Proper Data Privacy and Security? (Cartoon and Clip)

Proper Data Privacy and Security? (Cartoon and Clip)

Daily we read, see and hear more and more about the latest privacy and data security breaches in consumer, corporate and governmental arenas. This week’s cartoon and clip features a unique approach to ensuring personal data security (cartoon) and a quick reference link to one of the most informational and timely resources on privacy and data security, the LXBN Privacy & Data Security Blog Channel (clip).


Court Approves Use of Predictive Coding Despite Objection to “Unproven Technology”

Court Approves Use of Predictive Coding Despite Objection to “Unproven Technology”

By K&L Gates Dynamo Holdings Ltd. P’ship v. Comm’r of Internal Revenue, Nos. 2685-11, 8393-12 (T.C. Sept. 17, 2014) In this case, the court approved petitioners’  (Dynamo Holdings Ltd. Partnership et. al.) use of predictive coding to identify potentially responsive and privileged data contained on two backup tapes, despite respondent’s  (Commissioner of Internal Revenue) objection […]


3 E-discovery Trends You Can’t Afford to Ignore

3 E-discovery Trends You Can't Afford to Ignore

By Benedict Hur and Matthew Werdegar The Federal Rules of Civil Procedure are supposed to be “construed and administered to secure the just, speedy and inexpensive determination of every action and proceeding.” Yet, as anyone who has ever been tasked with handling discovery in complex litigation knows, the judicial system has struggled to reconcile this overarching goal […]