June 4, 2012 · 5:31 PM
Hon. Andrew J. Peck
United States Magistrate Judge
Federal Court Magistrate Judge Andrew Peck of the New York Southern District is known for several important decisions affecting the eDiscovery field including the ongoing Monique da Silva Moore v. Publicis Group SA, et al, case where he issued a landmark order authorizing the use of predictive coding, otherwise known as technology assisted review. His Da Silva Moore ruling is clearly an important development, but also very noteworthy are Judge Peck’s recent public comments on eDiscovery in the cloud.
eDiscovery attorney Patrick Burke, a friend and former colleague at Guidance Software, reports on his blog some interesting comments asserted on the May 22 Judges panel session at the 2012 CEIC conference. UK eDiscovery expert Chris Dale also blogged about the session, where Judge Peck noted that data stored in the cloud is considered accessible data under the Federal Rules of Civil Procedure (see, FRCP Rule 26(b)(2)(B)) and thus treated no differently by the courts in terms of eDiscovery preservation and production requirements as data stored within a traditional network. This brought the following cautionary tale about the costs associated with not having a systematic process for eDiscovery:
Judge Peck told the story of a Chief Information Security Officer who had authority over e-discovery within his multi-billion dollar company who, when told that the company could enjoy significant savings by moving to “the cloud”, questioned whether the cloud provider could accommodate their needs to adapt cloud storage with the organization’s e-discovery preservation requirements. The cloud provider said it could but at such an increased cost that the company would enjoy no savings at all if it migrated to the cloud.
In previous posts on this blog, we outlined how significant cost-benefits associated with cloud migration can be negated when eDiscovery search and retrieval of that data is required. If an organization maintains two terabytes of documents in the Amazon or other IaaS cloud deployments, how do they quickly access, search, triage and collect that data in its existing cloud environment if a critical eDiscovery or compliance search requirement suddenly arises? This is precisely the reason why we developed 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. While it is now trendy for eDiscovery software providers to re-brand their software as cloud solutions, X1RD is now uniquely 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.
As far as the major cloud providers, the ones who choose to solve this eDiscovery challenge (along with effective enterprise search) with best practices technology will not only drive significant managed services revenue but will enjoy a substantial competitive advantage over other cloud services providers.
Filed under Best Practices, Case Law, Cloud Data, Enterprise eDiscovery, IaaS, Preservation & Collection
Tagged as Amazon, Andrew Peck, AWS, CEIC, Chris Dale, cloud, cloud-deployable, Da Silva Moore, e-discovery, eDiscovery, eDiscovery in the cloud, eDiscovery search, eDiscovery software, Enterprise Search, Federal Court Magistrate Judge, Federal Rules of Civil Procedure, FRCP Rule 26(b)(2)(B)), Guidance Software, IaaS, IaaS Cloud, Infrastructure as a Service, ISV, Judge Peck, Monique da Silva Moore v. Publicis Group, Patrick Burke, predictive coding, preservation, production, technology assisted review, X1 Rapid Discovery, X1RD
April 17, 2012 · 10:53 AM
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.
Filed under Cloud Data, eDiscovery & Compliance, Enterprise eDiscovery, IaaS
Tagged as Amazon AWS, Amazon EC2, Amazon S3, Barry Murphy, early case assessment, ECA, eDiscovery Cloud, eDiscovery Journal, Enterprise eDiscovery, IaaS, IaaS Cloud, Infrastructure as a Service, ISV, Release, Solution, X1 Rapid Discovery