Posts Tagged ‘e-discovery’

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

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

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

E-Discovery and E-Disclosure 2011: Crossing Clouds and Continents

15 September 2011 —  The 451 Group has produced its annual look at the world-wide ediscovery and edisclosure markets.   As there executive summary says “The e-discovery and e-disclosure markets are moving into a new maturity stage in the US, while beyond, they are only just getting started. Each country’s market will develop at a different pace because of different legal systems and varied appetites for technology. In the five years since changes to the US laws caused the initial surge in interest in the market, we have seen software providers emerge, grow and, in some cases, get bought while law firms and service providers have faced considerable disruption to their markets. We expect similar things to happen in markets beyond the US, while in the home of e-discovery, organizations will continue to bring more of the process in-house as it becomes a key business process. Opportunities and challenges exist around social media, cloud-based applications, new laws, court rulings and international disputes about privacy, data protection and blocking statutes.”

For a link to the report click here.… Read more

Cloud-Based Electronic Discovery Is in Your Future

15 September 2011 — Lawyers have a reputation for exerting caution when it comes to embracing advances in technology. So it was with the fax machine. So it was with e-mail.  So it was with the Internet.  And so it is now with cloud computing.

But once they understand the benefits and allay their fears, lawyers not only embrace new technology, they run with it.  So it was with these earlier technologies, and so, again,  it is with cloud computing. Over the last few years, legal professionals have begun using the cloud for everything from practice management to client relations. Even so, one area of legal practice stands out as particularly well suited to the cloud—electronic discovery and the handling of electronically stored information (ESI).

In electronic discovery, the cloud offers distinct advantages: power, flexibility, mobility, economy of use, and ease of deployment.  In fact, in a 2010 report on electronic discovery, the technology research firm Gartner, Inc. concluded that the future of electronic discovery technology is in the cloud.

For more from Robert Ambrogi click here.… Read more

Electronic Discovery: The Imperative of Private Clouds

9 September 2011 – In the past several months Ben Kerschberg has written three articles about cloud computing, including one that outlines the manner in which electronic discovery continues to migrate to the cloud.  His enthusiasm for the cloud has not diminished, and he feels the cloud is a business imperative, not just a technological one.

Here is his latest wherein he reviews the history of e-discovery’s move to the cloud, and includes a chat with Steve d’Alencon, Chief Marketing Officer of e-discovery vendor CaseCentral, who is one of the pioneer’s in cloud-based eDiscovery.

For the full article click here.… Read more

E-Discovery Cloud Considerations

2 September 2011 – Does your cloud strategy take into account the fact that your company may be sued or may need to initiate litigation against a third party, and may have to comply with  rules regarding the protection and provision of evidence?

Unique rules apply to documents and records when a dispute arises and there is a threat of litigation, or a complaint has been filed and served. This complex process involves many aspects, including, for example, preservation of evidence (so evidence necessary for  trial is not destroyed), identification of evidence that is relevant to the case, and  delivery of this material to the other party in a form and format that is useable. When this evidence is in electronic form, the plaintiff (or potential plaintiff) and the defendant (or potential defendant) must follow  stringent rules  imposed by the e-discovery provisions of the Federal Rules of Civil Procedure and state laws.

When these electronic documents have been stored with a cloud service provider, additional complexity arises because the data owner no longer has full control over its documents. It … Read more

E-Discovery Moves to the Cloud

26 August 2011 – Electronic discovery is moving to the cloud. This is hardly surprising when one considers the client-focused benefits of cloud computing and the extraordinary market opportunities for vendors.

Let’s look at the numbers. The market for electronic discovery continues to grow with some estimates indicating aggregate software and services revenue growth from over $3 billion in 2010 to in excess of $6 billion by the end of 2013. Within this quickly emerging and expanding market, there is a pronounced increase in the acceptance and availability of cloud based electronic discovery offerings. For the two dozen or so leading vendors in this market, the opportunity is staggering.

For more click here.… Read more