Tag Archives: Barry Murphy

Barry Murphy Joins the X1 Team

Last week, I said goodbye to my time at the eDJ Group, a company in good hands that will continue to provide top notch eDiscovery and information governance consulting at a level of depth very few can match.   This week begins my new adventure as Senior Vice President of Product Marketing and Strategy at X1, and I am very excited about the opportunity.

Many have asked why I chose to join X1 and I want to take this space today to explain the reasons.  As an analyst for the past four years, I have had the chance to see – up close and personal – the challenges that enterprise IT and business people are trying to address.  One that comes up consistently is the ability to quickly find information in a world where the volume of it is increasing so rapidly.  While search might seem relatively simple, I can tell you that many clients pull their hairs out due to frustration with enterprise search deployments.

Thus, the first thing that hit me about X1 was the number of X1 customers whose top point to make about that product is that “it just works.”  Business people like the ease of use and clean, single-pane-of glass view of their information, Legal teams like how X1 Rapid Discovery makes eDiscovery more efficient and less costly, and IT teams like that the product can be deployed in increasingly virtualized environments.

Part of the attraction to X1, for me, is the fact that the company can address such a range of solutions via a powerful search engine.  It is not just about eDiscovery, though there is a product for that.  Rather, X1 will power many solutions by providing easy access to information – and the company does it in a way that just works.  It makes me think back to those old BASF commercials – the ones where BASF says, “we don’t make the products you buy, we make the products you buy better.”  I get a feeling that same message can apply at X1; something along the lines of “we don’t make the cloud infrastructure, we make the cloud infrastructure better and more valuable.”

Stay tuned for more details on how X1 will make other solutions better and continue to provide great search products in 2014.  I’m looking forward to this adventure.

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Filed under eDiscovery & Compliance, Enterprise eDiscovery, Information Access, Information Governance, Information Management

eDiscovery Software Industry Faces Transition

changes aheadRecently, the eDiscovery and litigation support field has seen many developments reflecting a significant shift in the eDiscovery software industry. Greg Buckles and Barry Murphy of The eDiscovery Journal report in several articles and notes in the past few weeks that they see a palpable transition away from software back towards services by corporations seeking to address their eDiscovery requirements. So not surprisingly, there had been various reports indicating reductions in force at several of the top eDiscovery software providers.

Not to pick on Guidance Software, my former company, but they are publically traded and recently disclosed their aggressive cost-cutting measures. In their PowerPoint presentation, Guidance states that the eDiscovery software field “is maturing…not as many large deals available there” resulting in a strategy for the company to refocus on core computer forensics and computer security, and to pivot toward profitability over topline revenue growth. And I don’t think what Guidance is experiencing is much different than from what many other eDiscovery software firms in the space are going through.

And neither does industry analyst Barry Murphy. “Based on what I see, KCura with their Relativity product is doing well, and I think there has been some good growth in the mobile forensics space, and X1 has done well with X1 Social Discovery in terms of growth and customer acquisition. Other than that, it seems that the remaining eDiscovery software companies are either contracting or experiencing only very modest growth.”

Part of the problem is that many aggressive enterprise eDiscovery deployments never achieve their promise of global scalability. A little over a year ago, the CEO of another eDiscovery and forensics software firm publicly claimed that enterprise-wide Autonomy implementations for eDiscovery, in his opinion, never really worked that well from what he could see. Without commenting on or taking a position on the accuracy of that assertion, the article does reflect broader frustrations I have heard from IT and in-house counsel about eDiscovery software in general that claims to be an end-to-end solution for aggressive and enterprise-wide deployments. As a result, many corporate legal departments and corporate IT have opted to continue to outsource eDiscovery to service providers over attempting to implement enterprise-wide solutions.

On the other hand, and reflective of this trend, services firms in this space are apparently doing quite well and their numbers are growing. There are clearly hundreds, if not over a thousand consulting firms, in North America providing eDiscovery consulting services. In just one metric, two years since we launched X1 Social Discovery, nearly 200 eDiscovery and computer forensics firms have become paying customers, and many more are currently evaluating. Some firms have a single license of X1, many have multiple, even dozens. I think those figures reflect both the number of service providers in this space and the aggressive spending behavior from the providers.

I also think, and of course being biased, that with X1 Social Discovery gaining over 400 paid install sites in just two years since the launch of the product, with 250 percent increase in annual sales in 2013, is quite an accomplishment especially given the status of this market. I think that reflects both the quality of X1 Social Discovery as well as the compelling use case of the collection and preservation of social media data for discovery and investigative purposes. So I want to take this opportunity to thank our customers for making 2013 a great year for us and driving the further development and enhancements of our products.

I’m looking forward very much to Legal Tech New York this year, both to meet with our customers old and new, and to speak with some fellow executives about how they are adapting to the changes in the eDiscovery market and opportunities in 2014. I hope to see you there!

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Filed under eDiscovery & Compliance, Enterprise eDiscovery, Social Media Investigations

Round up of Recent Social Media Evidence News and Resources

For this week’s entry, we have a rundown of recent developments in the world of social media evidence from some reputable sources.

KL Gates Social Media Analysis. To start off, our  previous entry discussed the case of Richards v Hertz Corp., underscoring that any law firm defending or prosecuting personal injury claims, as well as their hired eDiscovery consultants, should be investigating social media sites for source evidence as a matter of course. The same is true for employment law matters and top 10 law firm K&L Gates (which has the best eDiscovery blog of any law firm in my opinion – eDiscoverylaw.com) has a great write-up of E.E.O.C. v. Original Honeybaked Ham Co. of Georgia, Inc, where social media evidence is playing a key role in that case, prompting the  court to issue a broad discovery order for social media. Again, nothing really new here – just further reinforcement of the standardization of social media evidence.

Law Review and Social Media Evidence. This year, several reputable law reviews and other legal treatises have published important and very useful research notes on social media evidence. These resources are subscription only for those with access to Westlaw, but the following are a select list with cites to the articles that I found most useful:

  1.  UNDERSTANDING AND AUTHENTICATING EVIDENCE FROM SOCIAL NETWORKING SITES, 7 Wash. J. L. Tech. & Arts 209, 224+
  2.  TIPS FOR AUTHENTICATING SOCIAL MEDIA EVIDENCE, 100 Ill. B.J. 482, 485
  3.  SOCIAL MEDIA AND THE RULES ON AUTHENTICATION, 43 U. Tol. L. Rev. 367, 405+
  4.  WHAT HAPPENS ON MYSPACE STAYS ON MYSPACE: AUTHENTICATION AND GRIFFIN V. STATE, 42 U. Balt. L.F. 164, 186
  5.  INTERNET, EMAIL AND SOCIAL MEDIA EVIDENCE, ST051 American Bar Association 51+

Netflix CEO in Hot Water with SEC over Facebook Post.  Netlix CEO Reed Hastings congratulated his team for a job well done in early July on his public Facebook page, and now the SEC is investigating whether he violated investor fair disclosure rules. His message was only 43 words, boasting of increased subscribership and usage of online videos, which could be construed as material non-public information related to financial reporting. This incident obviously highlights the importance of social media monitoring consisting of best practices as part of a corporate social media compliance program.

Search Compliance Interview with Barry Murphy: Finally, this article:  Q&A: Social media data collection increasingly vital to e-discovery is a good read. eDiscoveryJournal’s Barry Murphy is arguably the most knowledgeable independent industry analyst on social media evidence issues.

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Filed under Case Law, Social Media Investigations