Rob Robinson | The ComplexDiscovery Blog

A technology blog highlighting data and legal discovery insight and intelligence.

    An eDiscovery Market Size Mashup: 2017-2022 Worldwide Software and Services Overview

    An eDiscovery Market Size Mashup: 2017-2022 Worldwide Software and Services Overview

    Taken from a combination of public market sizing estimations as shared in leading electronic discovery reports, publications and posts over time, the following eDiscovery Market Size Mashup shares general worldwide market sizing considerations for software and services in the electronic discovery market for the years between 2017 and 2022.

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    Avoiding Glittering Generalities in Selecting eDiscovery Software

    Avoiding Glittering Generalities in Selecting eDiscovery Software

    In navigating the glittering generalities presented by individuals and organizations seeking to influence eDiscovery software selection decisions, remember that there may be many right choices for your specific needs. Considering those choices through the lens of security, capability, complexity, and cost may help ensure that you not only make the right choice but make the best choice for your needs.

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    Activity Patterns for eDiscovery Mergers, Acquisitions, and Investments (2001-2017)

    Activity Patterns for eDiscovery Mergers, Acquisitions, and Investments (2001-2017)

    Since beginning to track the number of publicly highlighted merger, acquisition, and investment (M&A+I) events in the eDiscovery ecosystem, ComplexDiscovery has noted more than 300 M&A+I events between November 2001 and today. The following article highlights the pattern of these activities on an annual and monthly basis.

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    An Abridged Look at the Business of eDiscovery: Mergers, Acquisitions, and Investments

    An Abridged Look at the Business of eDiscovery: Mergers, Acquisitions, and Investments

    The presented listing highlights key industry business moves by sharing the announcement date, acquired company, acquiring or investing company, and acquisition amount (if known) of significant eDiscovery-related mergers, acquisitions, and investments.

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    A Running List: Top 100+ eDiscovery Providers

    A Running List: Top 100+ eDiscovery Providers

    Based on a compilation of research from analyst firms and industry expert reports in the electronic discovery arena, the following “Top 100+Provider” list provides a short listing that may be useful in the consideration of eDiscovery providers. This listing is taken primarily from eDiscovery provider mentions in selected key formal industry reports and surveys published between August 2011 and today.

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    Herb Roitblat On Machine Learning: It Depends

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    Editor’s Note: A widely recognized expert in search and retrieval technology, Dr. Herb Roitblat shares explanations and thoughts on machine learning in this new article extract from his eDiscovery Science blog.

    Extract from article by Herbert L. Roitblat, Ph.D.

    Machine learning still stands on the three core features of representation, assessment, and optimization.  As a result, many machine learning systems tend to return approximately the same results.  Given a choice between more clever algorithms and better quality training data, it is often preferable to spend the effort on better data.

    Particularly in the context of categorizing documents, the machine learning algorithm makes little difference to the ultimate outcome of the project.  The same algorithm can lead to good results or to bad results, depending on how it is used.  We had a project, for example, in which several very similar datasets were to be categorized.  Each set was handled by a different attorney who was to provide the training.  One attorney paid close attention to the problem, worked at making consistent decisions, and selected the training examples over a few days.  The system did really well on this set.  The other attorneys did their work to select training documents less systematically selecting only a few documents per day, with several days in between.  The very same system did poorly on these sets.

    To summarize: Learning algorithms, particularly those involved in document categorization all work to maximize the probability that a document will be categorized correctly given its content.  The tools that machine learning provides to accomplish this are to adjust the importance of the document elements (for example, the words, or whatever representation is used).  Methods differ in how they represent the documents and this difference can be critically important.  The quality, primarily, the consistency, of the training examples is also a critically important part of machine learning.  It does not much matter how these documents are selected, provided that the examples are representative of those that need to be categorized, that they are consistently coded, and that the coding represents the actual desired code for each one.

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    Rhys Dipshan Highlights German Court Ruling On Data Privacy That May Foreshadow GDPR Impact

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    A post shared by Rob Robinson (@complexdiscovery) on

    Extract from article by Rhys Dipshan in Legaltech News

    After a three-year battle, a regional court in Berlin has found that Facebook’s default privacy settings, terms of service, and requirement that users register under their own name violate Germany’s data privacy and consent rules.

    Though based on German law, the January 2018 ruling on a case brought by The Federation of German Consumer Organisations (VZBV) could portend trouble for international technology companies under the EU’s far-reaching General Data Protection Regulation (GDPR) once it takes effect on May 25, 2018.

    Germany’s own data privacy laws, for example, are based on the EU Directive 95/46/EC, a data privacy directive passed by the European Union in 1995 which has provisions that mirror those in the GDPR, especially around the issue of consent.

    “All the things [the German court] listed that they had a problem with are also things covered in some way, shape or form in the GDPR,” noted Debbie Reynolds, director of Eimer Stahl Discovery Solutions, an affiliate of law firm Eimer Stahl.

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    New Study Accentuates Challenge of Enterprise Data Protection

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    Editor’s Note: When Ari Kaplan and Jake Frazier comment on in-house eDiscovery and information governance challenges, it is wise to listen to them. A snapshot of both their research and comments on the new Advise from Counsel study is provided in the following press announcement.

    Press Announcement from FTI Consulting

    FTI Consulting’s Advice from Counsel Study Highlights State of the Union on Data Privacy and Security

    FTI Consulting today (February 21, 2018) announced findings from its Technology segment’s 12th Advice from Counsel study of e-discovery, information governance (“IG”), privacy and security trends. The study explores how issues of data security and privacy impact in-house legal teams at Fortune 1000 corporations and reveals the top concerns and emerging best practices across three key and intersecting topics: the General Data Protection Regulation (“GDPR”), IG and data security and remediation.

    “A clear and recurring theme is that in-house legal teams are under greater pressure to meet ever-changing and increasing data-related challenges,” said Chris Zohlen, a Managing Director in the Technology segment at FTI Consulting and co-author of the study. “This year’s Advice from Counsel study shares their practical advice on a range of topics, from securing executive buy-in to benchmarking against peers or auditing the security practices of service providers.”

    Data privacy, security challenges and threats were top priorities for virtually every large organization around the globe. Respondents had dozens of suggestions for proactive ways to address IG and data protection, including addressing the human element and creating a culture of awareness in achieving strong security. While billions of dollars have been spent on technology to strengthen security, several participants said that they do not believe their organizations are safer than they were five years ago, because the human element has not been adequately addressed. Other organizations reported working with outside experts to focus equally on implementing technology solutions and creating a culture of awareness to address continually evolving data privacy and security challenges.

    Additional key findings and takeaways in the study include:

    • The investment required to ensure GDPR compliance was a top concern among the 80 percent of organizations that confirmed they will be impacted by the regulation. However, they were divided on whether they should wait to see how the regulation will be enforced before acting, vs. working to get ahead of penalties proactively.
    • For those evaluating an IG strategy to better protect data, respondents agreed on the importance of seeking outside experts. They repeatedly made clear that data security is an area that is evolving quickly and teams need to work with technical experts to stay apace and handle it effectively.
    • The growth of cloud storage and machine learning is making it easier for organizations to identify trends and realize monetary benefits from enterprise data. Finding the right balance between Big Data and over-preserving is a common challenge. Organizations know they are creating and saving too much data, and more than half of respondents reported successfully conducting data remediation projects. Others were hampered by limited resources, lack of engagement from cross-department teams or failure to obtain C-level buy-in to move projects forward.

    “In today’s business climate, all organizations are challenged to better protect enterprise data, which is a complicated effort that requires dedicated resources across multiple departments,” said Jake Frazier, Head of the Information Governance, Privacy & Security practice and a Senior Managing Director in the Technology segment at FTI Consulting. “Overcoming the initial barriers of securing buy-in and approval from top company leadership can be overwhelming but will make all the difference in setting projects up for success from the outset. Our clients and the respondents in the Advice from Counsel study have found that working with internal and external partners to conduct data protection assessments, identify priorities and execute a plan custom-built for the company’s risk profile are the most effective steps to address budget issues and the broader landscape of challenges.”

    Click here for more information and to read the complete study.

    About the study
    For the past nine years, FTI Technology has partnered with Ari Kaplan Advisors to publish the annual Advice from Counsel study, a quantitative and qualitative view into e-discovery best practices for corporate counsel. The study was conducted through phone interviews with 30 in-house lawyers at Fortune 1000 corporations with responsibilities that included some aspects of e-discovery and information governance. Of this year’s participants, 79 percent develop and implement e-discovery processes while 89 percent develop and implement information governance processes. Eighty percent of participating organizations had total annual revenues greater than $5 billion and 67 percent had over 10,000 employees. In terms of litigation events over the past 12 months, 33 percent reported managing 100 to 500 litigation events, and 33 percent reported managing more than 500 litigation events.

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    industry

    Herb Roitblat On Machine Learning: It Depends
    Herb Roitblat On Machine Learning: It Depends

    Machine learning still stands on the three core features of representation, assessment, and optimiza…

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    Insight

    Apparently Size Does Matter: eDiscovery Business Confidence Survey Results - Winter 2018
    Apparently Size Does Matter: eDiscovery Business Confidence Survey Results – Winter 2018

    The Winter 2018 eDiscovery Business Confidence Survey is a non-scientific survey designed to provide…

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    Newsletters

    Five Great Reads on Data Discovery and Legal Discovery for February 2018
    Five Great Reads on Data Discovery and Legal Discovery for February 2018

    A selection of five articles shared regularly to inform and update legal and information technology …

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