Essays

Doing the eDiscovery C-Suite Shuffle

I gently declined to cover multiple recent c-suite appointments because I could not answer my “Why should you care?” query. When reviewed en masse, the executive shuffling points to some interesting eDiscovery market trends. Below are some 2024 executive appointments with some of their prior companies. This was an fast query (and  neither Copilot or Gemini were helpful), so it will be incomplete. My [...]

By |2024-03-28T17:10:15-05:00March 28th, 2024|Essay|0 Comments

Time to Truth

The ‘preserve broadly, collect narrowly’ eDiscovery approach has a hidden cost. It delays your ‘time to truth’ by a year in most cases. It robs counsel of key facts and evidence hidden in custodial in-place holds. M365, Google and other cloud repositories now have search and basic eDiscovery features to validate interviews. How many times have reviewers stumbled onto conflicting documents, reports or messages [...]

By |2024-03-26T15:05:41-05:00March 26th, 2024|Essay|0 Comments

Curation – the Human Meaning behind the AI Facts

How do you keep up with our rapidly evolving eDiscovery world? Are bloggers (content creators) valuable in our GenAI world? An article by Joan Westenberg titled Curation is the last best hope of intelligent discourse answered my existential angst with marvelous clarity. First the problem space: “The current state of AI technology lacks the nuanced understanding and ethical judgment necessary to ensure the accuracy [...]

By |2024-03-18T16:51:07-05:00March 18th, 2024|Essay|0 Comments

eDJ Brief: Casepoint FOIA and Legal Holds

Casepoint has rolled out FOIA and Legal Hold modules to solve government and corporate pain points. The key value I see is the deep integration of complex task management workflows with the underlying eDiscovery platform. I have seen many tracking systems for FOIA, DSAR and other external information requests. Few integrate both repositories (M365, Google, Box, etc.) and eDiscovery platforms. Similarly, most Legal [...]

By |2024-03-12T16:23:31-05:00March 12th, 2024|Platform, Essay, Legal Holds|0 Comments

The Supreme Cost of Lingering Metadata

Supreme Court politics aside, the lingering metadata demonstrates the potential a risk and value of editorial metadata embedded within documents that have not been ‘scrubbed’ prior to production. Even when revision history has been disabled, legal hold or retention policies may create unlimited versions based on Auto-Save settings. Using Save A Copy may retained older version history.  Revision history in SharePoint defaults to 500 [...]

Microsoft @ LegalWeek 2024

eDiscovery has grown up. That was my first thought when I saw the manned Microsoft booth at Legal Week. Google and Amazon have yet to really engage with legal, compliance and governance markets. To be fair, my friend Jack Halprin delivered the Google Vault back in 2012, but it seems to have gone quiet since his passing in 2018. The Microsoft legal department and [...]

By |2024-02-28T14:19:20-06:00February 28th, 2024|Essay, Legal Holds, ESI Sources|0 Comments

Purview Legal Holds Report – Still No Item Statistics

Click to view full size As Mike McBride recently reported, M365 Purview(Premium) is rolling out a new aggregate report for legal hold locations. It finally arrived at my testing tenant. Unfortunately, it did not restore hold item counts, which I and my corporate clients have been requesting since they vanished from the Compliance Center. So what does the new report show and [...]

By |2024-02-26T14:28:15-06:00February 26th, 2024|Essay, Legal Holds|0 Comments

eDJ Brief: Exterro @ LegalWeek 2024

My Legalweek Exterro briefing with CMO Bill Piwonka focused on their recent acquisition, GenAI powered legal holds and overall data risk management brand. Since taking $100M in funding from Leeds Equity Partners in 2018, Exterro has grown by acquisition and integration of privacy and data governance, forensics, legal hold and data discovery technologies. Legalweek announcements: Exterro, a Leeds Equity Portfolio Company, Acquires Data Discovery [...]

By |2024-02-22T10:40:29-06:00February 22nd, 2024|Platform, Essay, Analytics, Collectors, Legal Holds|0 Comments

Preservation – First Do No Harm

20 years after Zubulake v. UBS Warburg, LLC, 217 F.R.D. 309, [SDNY 2003] I still encounter corporate counsel issuing ad hoc legal hold notices without automated preservation in place across their data assets. Judge Scheindlin’s adverse inference ruling was the eDiscovery shot heard by every corporate counsel, though many put their heads right back in the sand. Legal hold technology acquisitions, product/feature launches [...]

By |2024-02-21T14:36:39-06:00February 21st, 2024|Essay, Legal Holds, ESI Sources|0 Comments

eDJ Brief: Redgrave Data @ LegalWeek 2024

Redgrave Data has carved out the data science driven bespoke consulting niche in an eDiscovery market dominated by traditional technology, hosting services and audit firms. Jeremy Pickens and CTO Mark Noel walked me through some of their rapid growth and recent engagements. My Legal Week 2023 briefing focused on defining the newly launched business. Since then, the five founders have been on a selective [...]

By |2024-02-20T10:20:21-06:00February 20th, 2024|Provider, Analytics, Essay|0 Comments
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