Tag Archives: Gartner

Recent Court Decisions, Key Industry Report Reveal Broken eDiscovery Collection Processes

 

While the eDiscovery industry has seen notable advancements and gained efficiencies in widespread adoption of hosted document review and supporting technologies, the same is not yet true for the collection and preservation of Electronically Stored Information (ESI). Leading industry research firm Gartner notes in a recent Market Guide report that eDiscovery collection and preservation process “especially when involving device collection, can be intrusive, time consuming and costly..”  And some recent court decisions imposing sanctions on corporate litigants who failed to meet their ESI preservation obligations are symptomatic of these pain points.

Earlier this year, a Magistrate judge imposed spoliation sanctions for destruction of ESI in a commercial dispute, where the Plaintiff made no effort to preserve such emails — even after it sent a letter to the defendant threatening litigation. (Matthew Enter., Inc. v. Chrysler Grp. LLC, 2016 WL 2957133 (N.D. Cal. May 23, 2016). The court, finding that the defendant suffered substantial prejudice by the loss of potentially relevant ESI, imposed severe evidentiary sanctions under Rule 37(e)(1), including allowing the defense to use the fact of spoliation to rebut testimony from the plaintiff’s witnesses. The court also awarded reasonable attorney’s fees incurred by the defendant in bringing the motion.  And in another case this year,  Internmatch v. Nxtbigthing, LLC, 2016 WL 491483 (N.D. Cal. Feb. 8, 2016), a U.S. District Court imposed similar sanctions based upon the corporate defendant’s suspect preservation efforts.

In her June 30, 2016 “Market Guide for E-Discovery Solutions,” Gartner eDiscovery analyst Jie Zhang notes that “searching across multiple and hybrid data repositories becomes more onerous and leads to overinvestment.” Given that most enterprises’ retention policy efforts are often unenforced or immature, there is often a glut of content to search through. Accordingly, almost every e-discovery request is different and often time pressured, as IT typically handles e-discovery requests in an ad hoc manner.” As such, Jie observes that “In order to guarantee data identification and collection quality, IT tends to err on the side of being overly inclusive in data preservation approach. This could result in too much legal hold or preservation. For example, it is not rare for an organization to put all mailboxes on legal hold or put them on legal hold over time (due to multiple holds and never-released holds). Being put on hold not only adds to IT management overhead and prime storage cost, but also makes any archive or records management difficult.”

The common theme between the cited cases and Zhang’s analysis is a perceived infeasibility of systemized and efficient enterprise eDiscovery collection process, causing legal and IT executives to wring their hands over the resulting disruption and expense of ESI collection. In some situations, the corporate litigant opts to roll the dice with non-compliance — a clearly misguided and faulty cost benefit analysis.

What is needed is an effective, scalable and systemized ESI collection process that makes enterprise eDiscovery collection much more feasible. More advanced enterprise class technology, such as X1 Distributed Discovery, can accomplish system-wide searches that are narrowly tailored to collect only potentially relevant information in a legally defensible manner. This process is better, faster and dramatically less expensive than other methods currently employed.

With X1 Distributed Discovery (X1DD), parties can perform targeted search and collection of the ESI of thousands of endpoints over the internal network without disrupting operations. The search results are returned in minutes, not weeks, and thus can be highly granular and iterative, based upon multiple keywords, date ranges, file types, or other parameters. This approach typically reduces the eDiscovery collection and processing costs by at least one order of magnitude (90%), thereby bringing much needed feasibility to enterprise-wide eDiscovery collection that can save organizations millions while improving compliance.

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Gartner Names X1 A Cool Vendor In Endpoint Computing, 2015

It is always gratifying to receive market recognition for your products.  At X1, there is major momentum around the X1 Search Virtual product that enables desktop search in virtual desktop infrastructure (VDI), without the need for Windows indexing (which chews up a lot of VDI resources).  Gartner_cool_venderBecause the user experience is key to broader VDI adoption, the X1 Search capabilities complement VDI technology very well.

At X1, we are extremely proud to be included in the list of “Cool Vendors” in the EndPoint Computing 2015 report by Gartner.  According to Gartner’s report, “endpoint computing vendors are trying to innovate with products that address old problems as well as products that address shortcomings of new technologies.” Platforms like VDI and DaaS hold great promise, but the user experience with VDI is often suboptimal, thereby hindering widespread adoption

Gartner makes remarks about X1 in the Key Findings and Recommendations section of the report. It is extremely gratifying to get this kind of recognition from the respected analysts at Gartner. Please read the full report to learn what Gartner has to say.

The market recognition is coming from customers, too.  Check out the compelling case study of a large Federal government DoD agency deploying X1 Search Virtual to provide users with a superior search experience.  It’s a great example of customers realizing that end-users need to be satisfied with technology in order to adopt it.

X1 Search provides users the ability to search a single, unified interface for content that may live in diverse locations – email, files, network file shares, email archives, Box and SharePoint. With X1’s single-pane-of-glass view of this content, workers can very quickly find the information no matter where it lives.

For a complimentary copy of the Cool Vendors in Endpoint Computing, 2015 report, please click here.

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Cloud Search Is Important, But Only A Piece Of The Enterprise Search Puzzle

by Barry Murphy

In an earlier post, I described the importance of having the ability to quickly search for information stored in the Cloud.  The post pointed out that Cloud search is somewhat more complicated than one might think at first glance because the speed of search is affected by how close the index lives to the actual data in the Cloud infrastructure.  One comment I received was that Cloud search can be fast and simple if the Cloud vendor promises a certain service level for query times and results.  That can address part of the issue around search (although IaaS providers – what we are truly talking about when we say “Cloud” – are typically not interested in guaranteeing SLAs for things like search because they allow customers to provision their infrastructure set to enable fast search with products like X1 Rapid Discovery).  Even if a Cloud vendor were to guarantee phenomenal search SLAs, the issue of unified enterprise search of all information still remains.

The reality is that enterprises and government agencies store information in “hybrid” environments that encompass on-premise systems within corporate data centers, virtualized systems that companies operate, and Cloud-based repositories.  Research firm Gartner predicts that by 2017, half of mainstream enterprises will have a hybrid cloud.  And, research from NetApp shows that organizations will be managing data across multiple cloud environments, not just a single provider, per se.

Click image to enlarge

Click image to enlarge

These are exciting developments.  As organizations embrace more modern infrastructures, there are many benefits to be had.  What we need to remember, however, is that business professionals still need to quickly find and take action on their information assets to do their jobs.  As that information gets further scattered, enterprise search will take on increased importance.  Workers don’t care if their data is stored on-premise or in the Cloud as long as they can quickly find it in an easy-to-use interface.

The challenge for today’s organizations is that information now lives in multiple infrastructures – on-premise, virtual, Cloud, or most frequently, a hybrid of all of these.  Current approaches to including Cloud-based data in enterprise search and eDiscovery require downloading a copy of the data to search so that it resides alongside other local content.  Unfortunately, that defeats the purpose of storing the data in the Cloud in the first place.

This takes me back to my original point:  Cloud search is very important.  But, Cloud search cannot simply exist in a vacuum.  An effective enterprise search solution will combine on-premise search capabilities that can talk to search in the Cloud – without requiring downloading the cloud-based information in order to search across all data.

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Cloud Search: Not As Simple As You Think

By Barry Murphy

Corporations and Government agencies are moving data to the Cloud in droves.  No matter which analyst firm you look to on Cloud storage adoption, you will find consistent results:

  • Forrester Research reports that 40% of enterprises surveyed indicated they have already rolled out workloads on public clouds or have near-term plans to do so and that the number will increase to 50% this year.
  • IDC predicts that from 2013–2017 public IT cloud services will have a compound annual growth rate (CAGR) of 23.5%, five times that of the IT industry as a whole.
  • Gartner says Cloud Computing Will Become the Bulk of New IT Spend by 2016 and that spending on public Cloud services will have a CAGR of 17.7% from 2011 – 2016, with spending on Infrastructure-as-a-Service (IaaS) itself will have a CAGR of 41.3% in that time period.
  • In eDJ Group’s recent Cloud services adoption fast poll, Greg Buckles found that less than 5% of respondents reported that all information is kept on-premise on company infrastructure and cloud services are not being actively considered.

Cloud-icon_magnifying-glassNo matter where data is being stored, though, the fact remains that the ability to search that data will be critically important.  Workers still demand unified access to email, files, and SharePoint information, and they want fast-as-you-type search results regardless of where the data lives.  In addition, Legal teams require that search queries and collections execute within specific time-frames.  But, Cloud search is slow, as indexes live far from the information.  This results in frustrated workers and Legal teams afraid that eDiscovery cannot be completed in time.

Lest you think this is not a big deal, consider the following story.  When I was at eDJ, we worked with a very large enterprise client that wanted to move its collaboration system to the Cloud.  The problem was that the Cloud system the client was contracting with could not meet the Legal Department’s requirements for speed of query results and collection.  This significantly slowed down the movement to the Cloud until the client had worked with the Cloud vendor to ensure that search and collection could execute at the necessary speeds.  The delay frustrated an IT team anxious to reap the promised benefits of the Cloud and cost the project team significant man-hours.

This story highlights the need to granularly define search and eDiscovery requirements before moving data to the Cloud.  Most “cloud search” solutions pass queries through connectors, and then the Cloud vendor needs to figure out where in its vast data center the index lives, find the content, return the query result, and then the customer will need to download all the content.  The result is a slow search and another copy of the data downloaded on premise, which basically defeats the purpose of moving to the Cloud in the first place.

If a customer wanted to speed up search, it would have to essentially attach an appliance to a hot-air balloon and send it up to the Cloud provider so that the customer’s index could live on that appliance (or farm of appliances) in the Cloud providers data center, physically near the data.  There are many reasons, however, that a Cloud provider would not allow a customer to do that:

  • Long install process
  • Challenging pre-requisites
  • 3rd party installation concerns
  • Physical access
  • Specific hardware requirements
  • They only scale vertically

The solution to a faster search is a cloud-deployable search application, such as X1 Rapid Discovery.  This creates a win-win for Cloud providers and customers alike.  As enterprises move more and more information to the Cloud, it will be important to think about workers’ experiences with Cloud systems – and search is one of those user experiences that, if it is a bad one, can really negatively affect a project and cause user revolt.

 

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Filed under Cloud Data, Enterprise eDiscovery, Enterprise Search, Information Access, Virtualized Environment