Tag Archives: Barry Murphy

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!

Leave a comment

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.

Leave a comment

Filed under Case Law, Social Media Investigations

No Legal Duty or Business Reason to Boil the Ocean for eDiscovery Preservation

As an addendum to my previous blog post on the unique eDiscovery and search burdens associated with the de-centralized enterprise, one tactic I have seen attempted by some CIOs to address this daunting challenge is to try to constantly migrate disparate data from around the globe into a central location. Just this past week, I spoke to a CIO that was about to embark on a Quixotic endeavor to centralize hundreds of terabytes of data so that it could be available for search and eDiscovery collection when needed. The CIO strongly believed he had no other choice as traditional information management and electronic discovery tools are not architected and not suited to address large and disparate volumes of data located in hundreds of offices and work sites across the globe that all store information locally. But boiling the ocean through data migration and centralization is extremely expensive, disruptive and frankly unworkable.

Industry analyst Barry Murphy succinctly makes this point:

Centralization runs counter to the realities of the working world where information must be distributed globally across a variety of devices and applications.  The amount of information we create is overwhelming and the velocity with which that information moves increases daily.  To think that an organization can find one system in which to manage all its information is preposterous. At the same time, the FRCPs essentially put the burden on organizations to be accountable for all information, able to conduct eDiscovery on a moment’s notice.  As we’ve seen, the challenge is daunting.

As I wrote earlier this month, properly targeted preservation initiatives are permitted by the courts and can be enabled by effective software that is able to quickly and effectively access and search these data sources throughout the enterprise.  The value of targeted preservation was recognized in the Committee Notes to the FRCP amendments, which urge the parties to reach agreement on the preservation of data and the keywords used to identify responsive materials. (Citing the Manual for Complex Litigation (MCL) (4th) §40.25 (2)).  And In re Genetically Modified Rice Litigation, 2007 WL 1655757 (June 5, 2007 E.D.Mo.), the court noted that “[p]reservation efforts can become unduly burdensome and unreasonably costly unless those efforts are targeted to those documents reasonably likely to be relevant or lead to the discovery of relevant evidence.”

What is needed to address both eDiscovery and enterprise search challenges for the de-centralized enterprise is a field-deployable search and eDiscovery solution that operates in distributed and virtualized environments on-demand within these distributed global locations where the data resides. This ground breaking capability is what X1 Rapid Discovery provides. Its ability to uniquely deploy and operate in the IaaS cloud also means that the solution can install anywhere within the wide-area network, remotely and on-demand. This enables globally de-centralized enterprises to finally address their overseas data in an efficient, expedient, defensible and highly cost-effective manner.

But I am interested in hearing if anyone has had success with the centralization model. In my 12 years in this business and the 8 years before that as a corporate attorney, I have yet to see an effective or even workable situation where a global enterprise has successfully centralized all of their electronically stored information into a single system consisting of hundreds of terabytes. If you can prove me wrong and point to such a verifiable scenario, I’ll buy you a $100 Starbucks gift certificate or a round of drinks for you and your friends at ILTA next week.  If you want to take the challenge of just meet up at ILTA next week in Washington, feel free to email me.

Leave a comment

Filed under Cloud Data, eDiscovery & Compliance, Enterprise eDiscovery, IaaS, Preservation & Collection

X1 Rapid Discovery: First Enterprise eDiscovery Solution Supporting IaaS Cloud

Today I am pleased to announce our launch of  X1 Rapid Discovery, version 4. X1RD is a proven and now truly cloud-deployable eDiscovery and enterprise search solution enabling our customers to quickly identify, search, and collect distributed data wherever it resides in the Infrastructure as a Service (IaaS) cloud or within the enterprise. X1RD is a sister product to our acclaimed X1 Social Discovery, which we launched last year. Version 3 of X1 Rapid Discovery is a proven early case assessment and enterprise search application, but is now IaaS cloud deployable and features a new interface.

I know what you may be thinking — another eDiscovery CEO re-branding the company’s software as cloud. But hear me out on this. Sure, X1RD can serve as a hosted SaaS solution like many other tools (SaaS hosting has been around for over a decade), but the big news here is that X1RD is now deployable anywhere, anytime in the IaaS cloud within minutes. X1RD also features the ability to leverage the parallel processing power of the cloud to scale up and scale down as needed. In fact, X1RD is the first pure eDiscovery solution (not including a hosted email archive tool) to meet the technical requirements and be accepted into the Amazon AWS ISV program.

So what does this mean? Allow me to illustrate these ground-breaking capabilities through the following two growingly common scenarios faced by organizations today:

Scenario 1: A F1000 company maintains 2 terabytes of data up in the Amazon EC2 or S3 (storage) cloud and suddenly must find the comparatively small amount of relevant data within those 2TB as quickly as possible to respond to a critical investigation requirement. There is no time to spend several weeks downloading the entire 2TB out of the cloud through the thin pipe or waiting for Amazon personnel to copy the entire data set to hard drives and ship it back. What is urgently needed is the ability to quickly install eDiscovery software to index, search and review that data in the very IaaS cloud environment where it exists. That way only the small data set (say 10 gigabytes) of relevant data is identified and then finally exported. That is what X1 Rapid Discovery delivers.

Scenario 2: The same investigation sends the company’s eDiscovery consultant overseas to collect data at a subsidiary site. Upon the collection of the first 200 gigabytes, the attorneys insist  that the data must be quickly indexed for detailed, iterative searching in order to better inform the remaining on-site collection effort. However, the collection team left their large ECA appliance they normally use at home as it doesn’t travel well nor would it pass foreign customs. However, in this case there are several options with X1RD. If an eDiscovery software solution is truly a cloud-capable solution, then it can quickly install anywhere, including the IaaS cloud or on available hardware on-site. So the team can either locate available hardware resources with Windows OS or upload the data to a private or public IaaS cloud environment and operate a virtual eDiscovery lab with X1RD.

X1RD can just as easily be installed behind the firewall as in the cloud, but right now, all of our demos and proof of concepts are being performed in the IaaS cloud. But don’t just take our word for it, we would be happy to demonstrate this for you by remotely installing in your public or private IaaS cloud environment and collecting, indexing and searching your data. We are up for the challenge!

> Register for our live webinar on May 2 to see a demo of X1 Rapid Discovery and to hear from eDiscovery expert, Barry Murphy, on his view of the current eDiscovery market, with respect to the cloud.

Leave a comment

Filed under Cloud Data, eDiscovery & Compliance, Enterprise eDiscovery, IaaS