Category Archives: eDiscovery & Compliance

Meeting Modern Discovery Demands with RelativityOne Collect and X1

By John Patzakis

As we’ve all heard time and again, 2020 was a transformative year—and in our space, it has had a huge impact and really changed the way people work.

With widespread teams, evolving data types, growing data volumes, and deadlines getting shorter—well, the entire e-discovery process has the potential to spiral out of control.

But not for those who are well prepared to meet these modern challenges.

Here at X1, we’ve been working hard on giving modern organizations the technology they need to get data identified, collected, and ingested with maximum effectiveness for years. Now, with X1 integrated into RelativityOne via RelativityOne Collect, users of the industry-leading SaaS e-discovery platform can accomplish this in more targeted and faster ways than ever before.

Let’s take a look at what this integration means, and why it offers non-negotiable capabilities to today’s legal teams.

A Remote Workforce

Work from home has rapidly accelerated and will likely not dramatically reverse in the foreseeable future. Many of us will continue to work remotely for months to come—or perhaps permanently.

These trends were already ramping up, but 2020 hammered the accelerator on telecommuting and remote working. According to Global Workplace Analytics, before the COVID-19 pandemic, just 3.6 percent of US workers worked from home multiple days a week. That number is now estimated at 25-30 percent.

This may be a boon for work-life balance, but it poses big complications for data collection in response to litigation and investigations. Historically, this process has required disk imaging or other methods that often prompted collections to be performed in person. In a shared office, that might be easy to accomplish (in fact, it might be too easy, resulting in vast over-collections of data in many cases). But with everyone working from home and confronted by concerns about social distancing, travel restrictions, and possible quarantines, it quickly became untenable last year.

Thanks to those circumstances and the increased use of the cloud for data storage, demand for web-enabled collections is up—by a lot.

RelativityOne Collect gives legal teams the ability to index and search on data in place, analyze the contents of a data source, and categorize data quickly to identify what warrants collection and what can be eliminated—all before it’s pulled from the source and brought into a workspace, and from anywhere. Previously, RelativityOne Collect was able to directly connect with Office 365 and Slack sources to perform these remote collections; with the integration of X1’s innovative endpoint technology, Collect can now gather data from additional sources like email and files on laptops, servers, or network locations.

Then, the targeted data is seamlessly imported into Relativity—no extra processing, downloads, uploads, or risky data hand-offs required.

This means a streamlined process that can be performed from anywhere, on multiple custodians at a time, and across many of the most common data sources. Forward-thinking teams are saying goodbye to cumbersome and expensive ESI collection and processing tools in favor of this bright new world.

Proportional Data Decisions

Another trend that began to take hold over the last decade is the move toward targeted collections. Gone are the days when full disk imaging was standard practice. Today’s sources are far too densely packed with data to assume everything needs to be captured for every matter. Over-collecting means not just increased costs for data storage on your matters, but huge amounts of time wasted on reviewing unnecessary documents—and all of this adds up to proportionality violations.

The courts agree: Complete disk imaging is by and large unwarranted in civil litigation. (In particular, see Diepenhorst v. City of Battle Creek.)

Instead, what is needed is a middle ground approach in the form of a targeted, automated, and remote collection that provides documentation for defensibility and an emphasis on speed to review.

With traditional processes, there is an inability to quickly and remotely search across and access distributed unstructured data in-place. e-Discovery teams may end up spending weeks or more collecting data, with traditional workflows taking as long as 30 days to complete before data is available for review.

In addition to putting deadlines and case strategy efforts in jeopardy, these delays can increase the risk of errors and security vulnerabilities as data is moved between systems and team members rush to get things done. With X1 endpoint collections integrated into Collect, data can be accessed, searched upon, culled, and ingested directly into your review workspace with no go-betweens required—so your targeted data sets are defensible and in good hands from start to finish. Oh, and that 30 days is cut down to mere hours.

This enables much needed efficiencies in the e-discovery process in the face of growing data volumes, widespread teams and data sources, and diversified data types, because you can target which data you bring into your workspace before it’s published (and have detailed reports on those decisions to back up your final collection). You’ll see benefits not just in greater speed to review, but also greater speed in review, because you’ve eliminated a lot of inefficiencies from the get-go. Plus, you’re protecting potentially privileged or secret information that doesn’t need to be pulled into a project in the first place.

Process Democratization

Finally, there’s a third evolving trend in the collection space. For a long time, there has been a perception that doing collections is difficult, and requires a lot of specialized training or certifications. With the proliferation of the cloud and new data sources, however, this has started to shift. Most e-discovery cases do not require collection by a certified forensics examiner, especially since not every drive needs to be imaged. Instead, as the industry has moved more toward targeted collections, the accessibility of the process has greatly improved.

Additionally, today’s legal teams are under great pressure to do more with less—less money, less time, and less help. As a result, they need to be empowered to perform some collections themselves even if they don’t have that highest degree of training and expertise. Fortunately, cases using targeted e-discovery collections and collections from cloud sources don’t generally require such extensive training.

When organizations are given the tools to do some of this work internally, they can save forensic resources for when they’re truly needed (on really hairy or dicey matters).

RelativityOne Collect’s easy-to-use interface lets any individual perform those type of targeted e-discovery and cloud collections with minimal training. And as a growing number of organizations are experiencing a greater need to remotely collect from computer endpoints as well, Relativity and X1 have partnered to build an integration to help in-house teams do that, too. 

So, while numerous courts have held that custodian self-collection is simply not defensible, capable and well-equipped legal teams can and do collect data from custodians in a defensible and secure manner. Then, those same team members can take what they’ve learned from this at-a-glance view of the origins of their data sets, and bring that knowledge to the rest of the e-discovery or investigation project.

The result is streamlined, end-to-end e-discovery in a single, secure, and easy-to-use platform.

And we will be demonstrating this integration live on our February 24 joint webinar with Relativity: “RelativityOne Collect and X1: Streamlining the Global Collection Process.” Please join us by registering here.

This blog post is also prominently featured on the Relativity blog site here.

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Architecting a New Paradigm in Legal Governance

By Michael Rasmussen

Editor’s note: Today we are featuring a guest blog post from Michael Rasmussen, the GRC Pundit & Analyst at GRC 20/20 Research, LLC.

Exponential growth and change in business strategy, risks, regulations, globalization, distributed operations, competitive velocity, technology, and business data encumbers organizations of all sizes. Gone are the years of simplicity in business operations.

Managing the complexity of business from a legal and privacy perspective, governing information that is pervasive throughout the organization, and keeping continuous business and legal change in sync is a significant challenge for boards, executives, as well as the legal professionals in the legal department. Organizations need an integrated strategy, process, information, and technology architecture to govern legal, meet legal commitments, and manage legal uncertainty and risk in a way that is efficient, effective, and agile and extends into the broader enterprise GRC architecture.

In my previous blog, Operationalizing GRC in Context of Legal & Privacy: The Last Mile of GRC, I began this discussion, and here I aim to expound on it further from a legal context.

Legal today is more than legal matters, actions, and contracts. Today’s legal organization has to respond to incident/breach reporting and notification laws in a timely and compliant manner, respond to Data Subject Access Requests (DSAR), harmonize and monitor retentions obligations, conduct eDiscovery, manage legal holds on data, and continuously monitor regulations and legislation and apply them to a business context.

In today’s global business environment, a broad spectrum of economic, political, social, legal, and regulatory changes are continually bombarding the organization. The organization continues to see exponential growth of regulatory requirements and legal obligations (often conflicting and overlapping) that must be met, which multiply as the organization expands global operations, products, and services. This requires an integrated approach to legal governance, risk management, and compliance (GRC) with a goal to reliably achieve objectives while addressing uncertainty and act with integrity.[1] This includes adherence to mandatory legal requirements and voluntary organizational values and the boundaries each organization establishes. The legal department, with responsibility for understanding matter management, issue identification, investigations, policy management, reporting and filing, legal risk, and the regulatory obligations faced by the organization, is a critical player in GRC (what is understood as Enterprise or Integrated GRC), as well as improving GRC within the legal function itself.

A successful legal management information architecture will be able to connect information across risk management and business systems. This requires a robust and adaptable legal information architecture that can model the complexity of legal information, discovery, transactions, interactions, relationship, cause and effect, and the analysis of information, which can integrate and manage a range of business systems and external data. Key to this information architecture is a clear data inventory and map of information that informs the organization of what data it has, who in the organization owns it, what regulatory retention obligations are attached to it, and what third parties have access to it. This is a fundamental requirement for applying process and effectively operationalizing an organization’s GRC activities, as detailed in the previous blog.

There can and should be an integrated technology architecture that extends GRC technology and operationalizes it in a legal and privacy context. This connects the fabric of the legal processes, information, discovery, and other technologies together across the organization. This is a hub of operationalizing GRC and requires that it be able to integrate and connect with a variety of other business systems, such as specialized legal discovery solutions and integrate with broader enterprise GRC technology.

The right technology architecture choice for an organization involves the integration of several components into a core enterprise GRC and Legal GRC architecture – which can facilitate the integration and correlation of legal information, discovery, analytics, and reporting. Organizations suffer when they take a myopic view of GRC technology that fails to connect all the dots and provide context to discovery, business analytics, objectives, and strategy in the real-time that a business operates in. 

Extending and operationalizing GRC processes and technology in context of legal and privacy enables the organization to use its resources wisely to prevent undesirable outcomes and maximize advantages while striving to achieve its objectives. A key focus is to provide legal assurance that processes are designed to mitigate the most significant legal issues and are operating as designed. Effective management of legal risk and exposure is critical to the board and executive management, who need a reliable way to provide assurance to stakeholders that the enterprise plans to both preserve and create value. Mature GRC enables the organization to weigh multiple inputs from both internal and external contexts and use a variety of methods to analyze legal risk and provide analytics and modeling.


[1] This is the OCEG definition of GRC.

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Filed under Best Practices, CaCPA, eDiscovery & Compliance, GDPR, Information Governance, Information Management, Uncategorized

Operationalizing GRC in Context of Legal & Privacy: The Last Mile of GRC

By Michael Rasmussen

Editor’s note: Today we are featuring a guest blog post from Michael Rasmussen, the GRC Pundit & Analyst at GRC 20/20 Research, LLC.

At its core, GRC is the capability to reliably achieve objectives [GOVERNANCE], address uncertainty [RISK MANAGEMENT], and act with integrity [COMPLIANCE]. GRC is something organizations do, not something they purchase. They govern, they manage risk, and they comply with obligations. However, there is technology to enable GRC related processes, such as legal and privacy, to be more efficient, effective, and agile.

However, too often the focus on GRC technology is limited to the process management of forms, workflow, tasks, and reporting. These are critical and important elements, but the role of technology for GRC is so much broader to operationalize GRC activities that are labor intensive, particularly in the context of legal and privacy. Simply managing forms, workflow, and tasks are no longer enough. Organizations need to start thinking how they can integrate eDiscovery and data/information governance solutions within their core GRC architecture.

What is needed is the ability to search, find, monitor, interact, and control data throughout the business environment. GRC platforms are excellent at managing forms, workflow, tasks, analytics, and reporting. But behind the scenes there are still labor-intensive tasks or disconnected solutions that actually find, control, and assess the disposition of sensitive data in the enterprise. eDiscovery and information governance solutions have been disconnected and not strategically leveraged for GRC purposes. Together, the core GRC platform that integrates with eDiscovery and information governance technologies builds exponential economies in efficiency, effectiveness, and agility.

Specifically, an integrated GRC solution that weds the core GRC platform with eDiscovery and information governance technology delivers full value to an organization that:

  • Discovers the attributes and metadata of data no matter where it lives within the environment as a key component of GRC processes for legal and privacy compliance.
  • Enables 360° awareness to assessments by discovering the information needed to conduct and deliver assessments effectively into the core GRC platform.
  • Delivers a centralized console to interact with data/information and metadata of files on devices across the organization (such as network file shares, OneDrive, and Dropbox data).
  • Automates the ability to interact with downstream endpoints/systems to provide the ability to search the content of records for keywords and perform analysis using regular expressions and classifiers.
  • Controls data wherever it is with the ability to get to the data and analyze it from a centralized console.

An integrated approach that brings together the core GRC platform with eDiscovery and information governance technology enables the organization to discover, manage, monitor, and control data right from the central GRC platform console. It enables the organization to get centralized and accessible insight into where sensitive information is, how it is being used, and what can be done with it.

  • For example. Within the GRC platform I can initiate a search based on key words or patterns (e.g., social security number). The eDiscovery/information governance solution then finds where that information is throughout the enterprise and delivers a list of records back to the GRC platform for analysis and monitoring.

This enables an integrated GRC architecture that brings 360° contextual awareness into information across the enterprise. It delivers enhanced efficiency in time saved and money saved chasing information through disconnected solutions and processes, it provides greater effectiveness through insight and control of information and enables greater agility across a dynamic environment to be responsive to issues of information governance. Together, a GRC platform with eDiscovery/information governance capabilities enables and delivers more complete and accurate data governance and privacy assessments, integrated findings, with the ability to manage remediation tasks from one central place.

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Filed under Best Practices, CaCPA, Data Audit, eDiscovery & Compliance, GDPR, Information Governance, Information Management

Remote ESI Collection and Data Audits in the Time of Social Distancing

By John Patzakis

The vital global effort to contain the COVID-19 pandemic will likely disrupt our lives and workflows for some time. While our personal and business lives will hopefully return to normal soon, the trend of an increasingly remote and distributed workforce is here to stay. This “new normal” will necessitate relying on the latest technology and updated workflows to comply with legal, privacy, and information governance requirements.

From an eDiscovery perspective, the legacy manual collection workflow involving travel, physical access and one-time mass collection of custodian laptops, file servers and email accounts is a non-starter under current travel ban and social distancing policies, and does not scale for the new era of remote and distributed workforces going forward. In addition to the public health constraints, manual collection efforts are expensive, disruptive and time-consuming as many times an “overkill” method of forensic image collection process is employed, thus substantially driving up eDiscovery costs.

When it comes to technical approaches, endpoint forensic crawling methods are now a non-starter. Network bandwidth constraints coupled with the requirement to migrate all endpoint data back to the forensic crawling tool renders the approach ineffective, especially with remote workers needing to VPN into a corporate network.  Right now, corporate network bandwidth is at a premium, and the last thing a company needs is their network shut down by inefficient remote forensic tools.

For example, with a forensic crawling tool, to search a custodian’s laptop with 10 gigabytes of email and documents, all 10 gigabytes must be copied and transmitted over the network, where it is then searched, all of which takes at least several hours per computer. So, most organizations choose to force collect all 10 gigabytes. The case of U.S. ex rel. McBride v. Halliburton Co.  272 F.R.D. 235 (2011), Illustrates this specific pain point well. In McBride, Magistrate Judge John Facciola’s instructive opinion outlines Halliburton’s eDiscovery struggles to collect and process data from remote locations:

“Since the defendants employ persons overseas, this data collection may have to be shipped to the United States, or sent by network connections with finite capacity, which may require several days just to copy and transmit the data from a single custodian . . . (Halliburton) estimates that each custodian averages 15–20 gigabytes of data, and collection can take two to ten days per custodian. The data must then be processed to be rendered searchable by the review tool being used, a process that can overwhelm the computer’s capacity and require that the data be processed by batch, as opposed to all at once.”

Halliburton represented to the court that they spent hundreds of thousands of dollars on eDiscovery for only a few dozen remotely located custodians. The need to force-collect the remote custodians’ entire set of data and then sort it out through the expensive eDiscovery processing phase, instead of culling, filtering and searching the data at the point of collection drove up the costs.

Solving this collection challenge is X1 Distributed Discovery, which is specially designed to address the challenges presented by remote and distributed workforces.  X1 Distributed Discovery (X1DD) enables enterprises to quickly and easily search across up to thousands of distributed endpoints and data servers from a central location.  Legal and compliance teams can easily perform unified complex searches across both unstructured content and metadata, obtaining statistical insight into the data in minutes, and full results with completed collection in hours, instead of days or weeks. The key to X1’s scalability is its unique ability to index and search data in place, thereby enabling a highly detailed and iterative search and analysis, and then only collecting data responsive to those steps. blog-relativity-collect-v3

X1DD operates on-demand where your data currently resides — on desktops, laptops, servers, or even the cloud — without disruption to business operations and without requiring extensive or complex hardware configurations. After indexing of systems has completed (typically a few hours to a day depending on data volumes), clients and their outside counsel or service provider may then:

  • Conduct Boolean and keyword searches of relevant custodial data sources for ESI, returning search results within minutes by custodian, file type and location.
  • Preview any document in-place, before collection, including any or all documents with search hits.
  • Remotely collect and export responsive ESI from each system directly into a Relativity® or RelativityOne® workspace for processing, analysis and review or any other processing or review platform via standard load file. Export text and metadata only or full native files.
  • Export responsive ESI directly into other analytics engines, e.g. Brainspace®, H5® or any other platform that accepts a standard load file.
  • Conduct iterative “search/analyze/export-into-Relativity” processes as frequently and as many times as desired.

To learn more about this capability purpose-built for remote eDiscovery collection and data audits, please contact us.

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