Archive for the ‘E-discovery in the cloud’ Category

In the wake of the Boston Marathon bombings a new hero emerges: technology

Got him

By:  Gregory P. Bufithis, Founder & CEO

22 April 2013 – In the wake of the Boston Marathon bombings we saw a new hero emerge: technology. The fast responses of medical professionals already onsite likely saved numerous lives. Furthermore, those runners that finished the race and then continued on to donate blood at the local hospital should be praised as well. The human element, no doubt, played a vital role in minimizing casualties and helping people get medical attention quickly.

But as we read and analyzed the situation, saw what law enforcement and public officials were doing, we saw the new tools at their disposal, all from technology.

According to numerous media sources reporting on the Boston Marathon bomb attack, the FBI collected more than 10 terabytes of video and mobile phone data.  Within hours of obtaining identifications of the Boston marathon bombing suspects, police obtained search warrants and extensive digital records from mobile phone networks and social media and e-mail providers.  The data included call logs collected by cellphone towers along the marathon route and surveillance footage collected by … Read more

E-Discovery Concerns Must Be Addressed Before Moving Data to the Cloud


Cartoon about cloud computing

11 April 2013 – If you begin with the following assumption:

As businesses move more applications and data to cloud services, those businesses inevitably are going to find themselves in litigation with the need to retrieve electronically stored information (ESI) from the cloud to comply with their e-discovery obligations.”

….then it makes a lot of sense to make sure that you do not forget about e-discovery when you are considering moving your company’s data to the cloud environment.

In what our staff believes to be one of the better postings on this important risk mitigation topic, they would like to bring your attention to a recent article, written by Jay Yurkiw, and  posted on the Technology Law Source blog, which clearly presents some great tips on how businesses can better manage their e-discovery risks —whether they are just considering a move to the cloud or even if they have already made that move.

For more click here.… Read more

Cloud Forensics with F-Response

Cloud computing forensics


9 April 2013 – Like many great inventions, the idea behind F-Response is so simple and elegant it is hard not to punish yourself for not thinking of it. Using the iSCSI protocol to provide read-only mounting of remote devices opens up a wealth of options for those of us working in geographically dispersed environments. I have used it for everything from remote imaging to fast forensic triage to live memory analysis. F-Response is vendor-neutral and tool independent, essentially opening up a network pipe to remote devices and allowing the freedom of using nearly any tool in your kit. The product is so good, I really wouldn’t blame them for just sitting back and counting their money. Luckily, counting money gets boring fast, so instead the folks at F-Response have kept innovating and adding value. Their latest additions are new “Connector” tools: Database, Cloud, and Email.

Now is the time to start planning how to acquire forensic copies of all that data your organization is pushing to cloud providers. Hopefully you already have established agreements and processes in place … Read more

Don’t Forget About E-Discovery When Moving To The Cloud

eDiscovery Cloud Computing 150 x 112


9 April 2013 – As businesses move more applications and data to cloud services (e.g., Google Apps for Business,, Amazon S3, etc.), they inevitably are going to find themselves in litigation with the need to retrieve electronically stored information (ESI) from the cloud to comply with their e-discovery obligations. While the risks of e-discovery likely will not keep any businesses away from public cloud services altogether, businesses at least should plan for how they are going to meet the demands of e-discovery in the cloud when litigation arises.

Following are some tips on how businesses can manage their e-discovery risks if they are considering a move to a cloud or if they have already made the move:

For more click here.… Read more

Cloud Computing And E-Discovery: Maximum Gain, Minimum Cost

16 August 2012 – Cloud computing’s cost savings and quick return on investment is frequently making headlines in many sectors, including legal.  With litigation and e-discovery on the rise, it’s important to cut costs without sacrificing quality, and cloud computing is the new “go-to” solution. Yet some litigators are hesitant to switch e-discovery databases to the cloud for fear of risks such as security breaches or data loss. By understanding what cloud computing is, how it can benefit you and what to look for in a service provider, your corporation’s legal department can make the best decisions regarding the use of this powerful technology.

What is the cloud, and what does it do with your data? According to the National Institute of Standards and Technology (NIST), the definition of cloud computing is “on-demand network access to a shared pool of configurable computing resources (e.g., networks, servers, storage, applications, and services) that can be rapidly provisioned and released with minimal management effort or service provider interaction.”  In other words, the cloud physically separates the user from hardware infrastructure and instead gives … Read more

Free webcast: Introduction to Virtualization — for you e-discovery mavens

21 February 2012 –  If you attended LegalTech 2012 a few weeks ago, you had the opportunity to discuss with several vendors the e-discovery issues involving virtual servers, desktops and storage, or see some of the brilliant off-the-floor presentations (as always at LegalTech there is more happening away from the event than at the event).

We first learned about the issues and became involved in learning the technology waaaaaay back in the old days … 2008 … when Autonomy’s ZANTAZ division incorporated into its e-discovery software the functionality of finding information stored in virtual environments.

The functionality came in the form of a module that could search multiple virtual file servers running a number of operating systems, freeing up IT shops from doing the work manually. It’s development was a no-brainer:  given the “extreme” type of rulings that were coming out of the e-discovery realm … court orders that a company preserve its RAM data … virtualized information had to be factored into a company’s efforts to comply with the Federal Rules of Civil Procedure concerning electronically stored information.  Through … Read more

From The 451 Group: Symantec gets the M&A “cloud” ball rolling in 2012 … and more

20 January 2012 –  Quoting Simon Robinson of The 451 Group: “As if to underscore our belief that the cloud is set to play a bigger role in all things Information Management-related in 2012, Symantec announced this week that it had acquired cloud archiving specialist LiveOffice for $115m, its first acquisition in eight months.   Though the deal was not a huge surprise — some of LiveOffice’s executive team (including CEO and COO) hail from Symantec, which has for the last year been reselling LiveOffice, rebranded as EnterpriseVault.Cloud – it is a significant endorsement of the cloud archiving market; a sub-sector that we have been following closely for a couple of years, but has yet to really come to life”.

For the full post from Simon click here.

The announcement also afforded Symantec an opportunity to unveil what it calls “Intelligent Information Governance”, an over-arching theme that provides the context for some of the product-level integrations it has been working on. For example, it just announced improved integration between its Clearwell eDiscovery suite and its on-premise archive software, EnterpriseVault. … Read more

Key eDiscovery Considerations for Selecting a Cloud Service Provider

25 October 2011 – The data explosion that has burdened organizations across the globe for the past decade has become increasingly expensive to manage.  Many experts point to storage as the most obvious culprit for higher information governance costs.  There are, however, other factors driving those costs.  For example, demands for electronically stored information in legal and regulatory proceedings have significantly increased expenses surrounding data management.  Those demands have forced organizations to meet the high expectations that courts and regulatory bodies have for how they address
their information or face the consequences.

Those consequences include sanctions and regulatory fines for groups that fail to account for how they store, manage and discover their information. The $919 million verdict rendered in the E.I. du Pont de Nemours v. Kolon Industries case is paradigmatic of this trend.  That verdict was inextricably intertwined with the court’s instruction to the jury that executives and employees for defendant Kolon Industries deleted key evidence after the company’s preservation duty was triggered.

For more click here.… Read more

Hitachi Data Systems Urges Businesses to ‘Take Big Data Seriously’

25 October 2011 – Storage expert Hitachi Data Systems has released a blog post outlining the challenges posed by big data.  Big data has been a hot topic in recent months, and has large-scale repercussions beyond the data centre.   Aside from the management, integration, leveraging and backing up of big data, Hitachi Data Systems asks the question: “how will we interact with the data and make decisions based upon factors that can have an immediate impact to our business?”  The blog post suggests that the future will be to couple hardware and software functions more tightly with more ‘internal hand-off’. Search, they believe, holds a power that can be harnessed – whether as part of corporate governance, an eDiscovery process of even to discover relevance around a specific subject.  Whilst this will be a hard, costly task, Hitachi Data Systems believes that it will be possible to overcome the technical obstacles to ensure better integration.

For more click here.… Read more

Electronic Discovery In The Cloud

20 September 2011 — Cloud Computing is poised to offer tremendous benefits to clients, including inexpensive access to seemingly limitless resources that are available instantly, anywhere. To prepare for the shift from computing environments dependent on dedicated hardware to Cloud Computing, the Federal Rules of Discovery should be amended to provide relevant guidelines and exceptions for particular types of shared data. Meanwhile, clients should ensure that service contracts with Cloud providers include safeguards against inadvertent discoveries and mechanisms for complying with the Rules. Without these adaptations, clients will be either reluctant or unprepared to adopt Cloud Computing services, and forgo their benefits.

For an excellent article from Alberto G. Araiza published in the Duke University Law and Technology Review click here.… Read more