Tag Archives: collection

Judges Believe Social Media will Have Biggest Effect on eDiscovery Over the Next Two Years

The good folks at Exterro recently released a very interesting report titled “Federal Judges Survey, eDiscovery Best Practices and Trends.”  The title includes a link to download the report, which I highly recommend reading as it is good to know what the judges who rule on eDiscovery all the time are thinking.  Overall, the report calls for some necessary disruptive change in the practice of eDiscovery in order to demonstrate competency.  There are some excellent tips in the report on how eDiscovery professionals can improve and what kinds of trends we should be on the lookout for.

One finding stood out to me in particular – the Judges surveyed felt that social media would be the technology trend with the biggest effect on eDiscovery over the next two years.

Exterro Survey

As the report states, “Attorneys must be aware that all emerging technology platforms are just like email; if they hold relevant evidence you are accountable for preserving the data.”  At X1, we’ve known this for quite some time.  We’ve blogged about cases where the old way of doing social discovery – print screen – has been shown to lack authenticity standards and not meet the duty of competency that lawyers must meet.  To see the Judges recognize this as a critical trend rather than just a niche corner of the market validates what we have known for years.

It is no coincidence that X1’s Social Discovery product continues its rapid upward trajectory.  There is simply no other product on the market that offers a true investigative platform for this critical new data type.  Such a social media investigative platform will include:

  • Tight API connections to the major social media publishers like Facebook, LinkedIn, Twitter, and Instagram. The API connection allows for the capture of unique metadata that each publisher adds to its data.
  • A web crawler and capture capability that creates a copy of the page to be stored for processing into a preservation repository.
  • The ability to keep data forensically sound. This requires calculating MD5 hash values of individual items upon capture and maintaining those values through export. The platform must keeps logs and reports of all actions on data. It also must be able to use metadata to establish chain of custody and authentication.

The challenge with social media – unlike email – is that much of the data resides outside the walls of an organization.  Collection of social media becomes a challenge. Companies cannot simply call Facebook or Twitter and request all of the information for various custodians.  It is possible to take screenshots of various web pages or social media sites, but as case law points out, screenshots are not necessarily admissible as evidence.  Plus, screenshots take a technical toll on eDiscovery – they can be difficult to index and may require OCR, which still may not be able to pull text out of the image.  That is where an investigative platform like X1 Social Discovery is so important to a competent eDiscovery practice.


Filed under Best Practices, Social Media Investigations

Highlights from Reed Smith’s SharePoint eDiscovery Webinar

by John Patzakis

Reed Smith recently hosted an excellent webinar on SharePoint eDiscovery challenges, led by Patrick Burke with the firm’s eDiscovery team. The webinar featured a substantive and detailed discussion on the nuances, pitfalls and opportunities associated with eDiscovery of data from SharePoint sites. This topic is very timely as the majority of enterprises are deploying the Microsoft platform at an accelerated rate, with the solution reaching $1 billion in sales faster than any other Microsoft product in history. Burke noted that “SharePoint has exploded across corporate networks, and are filling rapidly with ESI,” but that “the bad news is that it’s not centralized. There is no single place to go to search through the ESI across an organization’s SharePoint sites to identify which SharePoint Site holds the ESI you’re looking for.”

As SharePoint enables enterprises to consolidate file shares, Intranet sites, internal message boards and wikis, project management, collaboration and more into a single platform, it provides significant operational efficiencies as well as eDiscovery challenges. The vast majority of current SharePoint deployments are versions 2007 or 2010, and neither have meaningful internal eDiscovery or even export features. This is one reason why SharePoint eDiscovery is fraught with over-collection, resulting in much higher costs and time delays that what is typically seen with other similar data stores such as email servers and file shares.

In addressing best practices for eDiscovery of SharePoint sites, Burke advised, among other key points, that the litigation hold process must not only involve individual custodians but the SharePoint administrator as well: “As it usually isn’t feasible to search all an organization’s SharePoint sites, the first step is to talk to the key custodians (through litigation hold questionnaire processes) and ask them which SharePoint sites they use (to identify) relevant ESI.” From there, “the cross-check involves talking with the SharePoint administrator, who can look up all the SharePoint sites to which the custodian’s belong.”

A full video recording of the webinar can be accessed here >

Appliance-based eDiscovery solutions or remote collections do not work as it may take weeks, if not months, to copy a multi-terabyte SharePoint site over a network connection and a large corporation may have several dozens of SharePoint silos from which to collect.  Manual collection efforts, which are geared toward mass “data dumps,” are also time consuming and are typically very costly due to the extensive processing and data massaging required to put the SharePoint data back into context.

Instead, what is needed is a solution such as X1 Rapid Discovery can quickly and remotely install and operate within the same local network domain to enable localized search, review and early case assessment in place. X1 Rapid Discovery’s full content indexing and preview of native SharePoint document libraries and lists, as well as its robust search, document filters, intuitive review interface uniquely enables targeted and contextual search, preservation and export of SharePoint evidence in its native format. In fact, we believe it is the only solution available that enables true in-place early case assessment and eDiscovery review of SharePoint sites, including iterative search, tagging and full fidelity preview in place, without the requirement to first export all of the data out of the platform.

To learn more, sign on to the recorded webinar or please contact us for a further briefing to learn how to save your organization or your clients tens of thousands of dollars on litigations costs associated with SharePoint.

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Filed under Best Practices, Case Law, eDiscovery & Compliance, Enterprise eDiscovery, Information Access, Preservation & Collection

The Post-PC Era Will End eDiscovery Collections as we Know It

Post PC World image

Updated 11/14/2013: Amazon Webs Services announced today a “game changing” cloud-based desktop virtualization offering.

“As of next month, no employees get a new PC, we are going all virtual and B.Y.O.D.” These words, spoken by one of our customers from one of the world’s largest financial institutions, should be disconcerting to anyone in the traditional eDiscovery collection business.  With well over 1000 computer forensics and eDiscovery services businesses in the US and Canada alone, ranging from small shops to large firms with hundreds of eDiscovery professionals on staff, the industry faces substantial disruption going forward. This is because most all of these firms thrive on full disk imaging, or otherwise manual collections, from the PCs and laptops issued to corporate employees, either as a substantial source of revenue, or a foundational first step that feeds into their processing and hosting business.

However, enterprises have entered a “post-PC world,” where desktop virtualization, cloud, social media, and mobile devices are supplanting the traditional PC infrastructure and “local” data storage. In fact, desktop virtualization, which will be about a six billion dollar market in 2016 according to industry researcher the 451 Group, is an ideal infrastructure to enable B.Y.O.D. as employees can have access to a virtual PC across a broad range of devices, from traditional PCs and laptops to smartphones and tablets. However, in such a framework, all the employees’ data and applications are stored and managed centrally in a virtual environment.

In addition to enabling B.Y.O.D., a virtual desktop infrastructure (VDI) provides IT significant benefits through the ability to centrally manage user desktops, gaining efficiencies in costs and resources. VDI provides for simpler desktop provisioning, lower costs for deploying new applications, improved desktop-image management, and improved data integrity through centralized backup services. In addition to a reduction in both desktop operating costs and call support, there is also a reduction in the number and duration of downtime events.

However, finding content is difficult enough on a traditional desktop, but the issue is compounded with the virtualized variety. There are many compelling benefits to VDI, but the architecture does not facilitate or even enable traditional desktop search solutions or physical disk imaging for forensic examination. X1 Search 8 provides search capabilities across physical, virtual and cloud environments with results returned in a single pane. X1 was specifically architected to uniquely and seamlessly operate in virtual desktop environments, including popular Citrix solutions XenApp and XenDesktop.

To further explore the disruptive challenges and benefits of VDI, X1 is partnering with one of the nations’ top VDI consulting firms, Agile 360 in a November 17 webinar (register here) to outline these challenges and opportunities associated with search and information access in VDI environments. We hope you can attend to learn more about the disruptive changes in store for enterprise search and eDiscovery in the Post-PC enterprise.

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Filed under Cloud Data, Virtualized Environment