Compressed Discovery from ONSITE3 - January 2008

Compressed Discovery

A monthly look at the electronic discovery arena from ONSITE^{3
Special Edition for LegalTech}

In This Update

EDRM To Make XML Splash at LegalTech

Corporate Compliance: A Convergence With Electronic Discovery

ONSITE3 Launches Intelligent Collections(TM)

ONSITE3 Exhibiting at LegalTech

eDiscovery Preparedness: Consider a Data Cataloging and Mapping Program

This Month's Featured Blog

Free eDiscovery Estimation Tool

Dear Eric,

This Compressed Discovery update is a special edition for LegalTech and intended to provide an overview of recent developments that will certainly play into the buzz at this year's LegalTech New York event.

One of the topics everyone is sure to be talking about will be the EDRM's new XML standard for eDiscovery. This edition of our newsletter provides a summary of what you need to know and where you can go to get additional information about this important new industry standard for eDiscovery.

Also included here is a recent article regarding the convergence of eDiscovery with other corporate compliance initiatives.

This month's featured blog has a brief synopsis of what you can expect to see at this year's LegalTech NY event.

We hope you enjoy this issue of our Compressed Discovery monthly newsletter.

EDRM To Make XML Splash at LegalTech

What is the EDRM?

EDRM stands for Electronic Discovery Reference Model. The EDRM was created to address the lack of standards and guidelines within the electronic discovery market - a problem identified in the 2003 and 2004 Socha-Gelbmann Electronic Discovery surveys as a major concern for vendors and consumers alike. The first completed reference model was originally made public in May 2006 and provides a common, flexible and extensible framework for the development, selection, evaluation and use of electronic discovery products and services. For more details on what the EDRM is, they have a nice backgrounder available for download from their website.

What is all this about an XML standard for eDiscovery?

Since the introduction of the EDRM's reference model, the EDRM has grown into an industry association of sorts, including a number of working groups and projects and boasting a multitude of participants including many law firms, eDiscovery providers, corporations, and even individual members. One of the working groups, the XML Group, focuses on development of a standardized process for transferring electronic evidence between different vendors, organizations, and systems. The EDRM's XML standard version 1.0 was first announced in October 2007. More recently, a web seminar was conducted to provide a high-level overview of the EDRM and the new XML standard. An archived version of this webinar is available for playback.

Who supports the XML standard?

Quite a bit of interest in the EDRM's XML standard has occurred since it was launched in late 2007. Numerous organizations have already announced support and many more are soon expected to announce compliance, as these organizations work through the EDRM's certification process. Don't be surprised if you see compliance announcements being made during LegalTech. As part of the growing support for this XML standard, the EDRM is planning to provide a list of eDiscovery vendors that have achieved compliance with the standard. Over the coming weeks and months, you can also expect this list will grow by leaps and bounds.

How do you achieve compliance with the EDRM's XML standard?

For those interested in achieving compliance with the EDRM's XML standard, the EDRM does maintain a distribution web page with downloadable materials and other information about compliance, including self-certification documentation, a validation tool, test files, and other materials.

How do you join the EDRM?

For those interested in joining the EDRM, they have a nice explanation of the benefits of membership which you can download from their website, where you can also see a list of fees and other details. Just contact George Socha or Tom Gelbmann for further information.

What is the EDRM doing at LegalTech?

The EDRM will be promoting their various activities during LegalTech, especially for the recently announced XML standard. For those who are attending LegalTech and who are interested in learning more, the EDRM has announced a couple of educational luncheons on Feb 5th and Feb 6th during the LegalTech event. Space is limited for these luncheons, so please RSVP in advance to reserve a spot. In addition, the EDRM will have representatives at LegalTech. To contact the EDRM about meeting one of their representatives during LegalTech, send an email inquiry to mail@edrm.net.

For more information about the EDRM, you can also visit the EDRM website at http://www.edrm.net.

To see ONSITE³'s press release announcing support of the EDRM's XML Standard, click here.

Corporate Compliance: A Convergence With Electronic Discovery | The Metropolitan Corporate Counsel

The Editor interviews Robert Ballou, Chief Executive Officer, ONSITE³.

Editor: What is the current trend in corporate compliance?

Ballou: I see a trend for the convergence of record retention compliance programs into an overall compliance readiness posture. Various regulations such as the Federal Deposit Insurance Corporation Improvement Act of 1991 (FDICIA), the Gramm-Leach-Bliley Act of 1999 (GLBA), and the Sarbanes- Oxley Act of 2002 (SOX) have similar or overlapping requirements for document retention and preservation. In addition, there are conflicting or redundant recordkeeping requirements, such as contained in the Health Insurance Portability and Accountability Act (HIPAA) as well as the Federal Trade Commission's (FTC) Hart-Scott- Rodino (HSR) Act guidelines. Most recently, record retention compliance programs must now also be designed to comply with the amendments to the Federal Rules of Civil Procedure (FRCP) as well as new state rules as they relate to electronic discovery. Comprehensive compliance processes can facilitate greater efficiency in how organizations invest or allocate resources and, more importantly, can also help to minimize risk and cost.

Editor: Why not just wait until you receive a preservation request to handle electronic discovery?

Ballou: Up until recently, most corporations would not think about eDiscovery until they received a preservation request or court order. However, this approach began to change after such landmark rulings as Zubulake v. UBS Warburg, LLC (Zubulake VI) in which significant sanctions were imposed as a result of an organization's failure to produce potentially relevant evidence. Many corporations now appreciate the importance of preparing for eDiscovery just like they would for any other regulation mandating document retention and preservation.

Editor: Are corporations beginning to internalize their eDiscovery compliance solutions?

Ballou: While some corporations are moving to internalize their eDiscovery compliance solutions, many corporations actually lack the needed resources or expertise to implement such systems. It is important to understand that corporations are not only required to maintain access to records but also must have the ability to produce these records, potentially on very short notice. Many corporations today simply lack the infrastructure needed to process and produce large volumes of data. These corporations are instead looking to achieve eDiscovery compliance through one of the following two approaches: 1. Utilizing national eDiscovery contracts with electronic discovery providers, or 2. Establishing request for quotation (RFQ) processes for individual projects, which will ultimately be managed by the internal legal team. By implementing one of these approaches, corporations gain a consistent, reliable solution to eDiscovery compliance and can limit investments in infrastructure or personnel. Either approach can also provide considerable flexibility to scale corporate processes while limiting the impact to existing resources. In addition, there is the potential need for expertise from a computer forensic or discovery consulting professional. Often time's humans are the critical factor in what amounts to appropriate or inappropriate electronic discovery actions. Corporations planning for eDiscovery compliance are well advised to consider their corporate data policies and associated enforcement, data locations, volume and user access controls (data mapping), data collection plans, processing and review strategies.

For the complete article, click here.

ONSITE³ Launches Intelligent Collections Service for eDiscovery, Expands Partnership with Deepdive Technologies

New Service Automates Collection of Active Data from Network Systems

ONSITE^3(TM), a global provider of litigation support and electronic evidence solutions for law firms and corporations, and Deepdive Technologies^(R), a leading provider of automated electronic data discovery solutions, today announced an expanded partnership in conjunction with the availability of ONSITE³'s new Intelligent Collections^(TM) service. Powered by Deepdive Technologies, the new service facilitates electronic discovery by automating the collection of electronically stored information from active network systems.

"ONSITE³'s new Intelligent Collections service demonstrates our dedication to providing clients with the best eDiscovery tools and technologies available from across the industry," said Robert Ballou, chief executive officer, ONSITE³. "When combined with our traditional forensic collection services for near-line and offline data sources, ONSITE³ can provide clients with one of the fastest, most complete, and lowest cost data collection solutions available in the industry."

"ONSITE³'s Electronic Evidence Labs (EELabs) routinely handles very large and complex collections requirements and is well regarded in the industry for its expertise, forensically sound methods, and customizable solutions," said Jeffery Fehrman, president of EELabs, a division of ONSITE³. "We are very pleased to expand our partnership with Deepdive Technologies by integrating their latest technology into our family of industry-leading data collection services."

"Eighteen months ago, Deepdive undertook a mission to improve and automate the electronic discovery collection process over traditional methods," said Bob Erickson, chief technology officer, Deepdive Technologies. "The resulting data collection technology is available in a portable, network-attached appliance platform which includes a hot-swappable hard drive to make the transfer of collected data easier and more secure."

ONSITE³'s Intelligent Collections service is non-intrusive, meaning that it will not disrupt business operations and requires only minimal involvement from IT personnel. To minimize costs, the service utilizes filtering and de-duplication to narrow the universe of potentially responsive and relevant documents. Content can be filtered by file type, dates, and various other parameters including de-duplication based on the SHA-1 algorithm designed by the National Institute of Standards and Technology. ONSITE³'s service can also filter content by file signatures, enabling clients to remove irrelevant files based on digital signatures from the National Software Reference Library (http://www.nsrl.nist.gov). The resulting data collections can be completed much more efficiently than with traditional methods offered by other eDiscovery and computer forensic providers.

For the complete press release, click here.

ONSITE³ Exhibiting at LegalTech New York 2008

Learn about our newest offerings and features, and ask about our raffle drawings!

ONSITE³ is participating in the LegalTech New York event, being held February 5 - 7, 2008 at the Hilton New York Hotel. ONSITE³ will be exhibiting at booths 2104 and 2106 on the 2nd floor of the exhibit hall and will be showcasing the latest new features for its eView Review Platform. ONSITE³ will also be highlighting the latest additions to its full range of electronic evidence management services, including its recently announced Intelligent Collections service.

Interested in meeting at LegalTech? Let us know. To submit your meeting inquiry online, click here or you can just stop by our booth on the 2nd floor in the exhibition area.

To learn more about what is happening at the LegalTech New York event, click here.

eDiscovery Preparedness: Consider a Data Cataloging and Mapping Program

Not everyone has the resources available to implement Enterprise Content Management (ECM) systems. A great alternative that minimizes investments in new infrastructure while also minimizing risk is to utilize a data cataloging and mapping program. Essentially, this is a program in which a company can leverage much of their existing infrastructure and personnel, possibly in some combination with an outside service provider to handle the bulk of the work. Data cataloging and mapping is not necessarily a simple process, but it can provide a very effective alternative to ECM systems and, more importantly, can deliver a comprehensive solution for eDiscovery preparedness. A recent article (eDiscovery: Does Your Enterprise Know Where Its Data Is?) in The Metropolitan Corporate Counsel provides a nice explanation of how to implement a data cataloging and mapping program.

As the article describes, "efforts can be complicated by data that is distributed across departments or network subnets. However, appliances and applications exist that can help catalog all the data and determine the locations, file types, volume, and frequency. In addition, such solutions can provide ad hoc reporting to highlight the frequency and volumes of file types most prevalent throughout the organization. Identifying the top "10" locations, file types, and the sizes of ESI provides insight into possible costs for preservation, electronic discovery processing, review and production."

Through a partnership with Deepdive Technologies, ONSITE³ has an appliance-based solution available to assist clients with data cataloging. Offered under ONSITE³'s Data Cataloging Service, participating clients can receive detailed analysis, maps, and reports designed to facilitate their understanding of the location and types of electronically stored information on active network systems, including "loose" documents that may be found in various workgroups and domains, computers, and Windows file-shares. This network discovery technology can be used non-intrusively without disrupting business operations and with minimal involvement from IT personnel. ONSITE³'s clients can save considerable time, money and effort to gain visibility to the active data currently located on their networks.

The use of Deepdive Technologies' appliance for Data Cataloging is just one example of how ONSITE³ has assembled an array of some of the best tools and technologies from across the industry to facilitate fast and efficient processes for electronic discovery. (Other examples include Guidance Software's Encase via ONSITE³'s forensic services and technology from Clearwell Systems which is packaged into ONSITE³'s First Line Analysis service.) ONSITE³ provides its clients with the advantage of being able to access all these different types of services and technologies from just one provider. ONSITE³'s single point of contact and accountability, versus a multi-vendor approach, assures its clients of absolute data and process integrity and rapid issue resolution.

A recent report (The eDiscovery Vendor Landscape) from analyst Barry Murphy of Forrester Research indicates that ONSITE³ differentiates itself from other eDiscovery providers based on its "breadth of offerings" and "speed of execution".

To learn more about ONSITE³, click here.

	This Month's Featured Blog: EDD Update
*A nice preview of LegalTech New York can be found here.* As a joint project of Law Technology News and Law.com Legal Technology, EDD Update provides electronic data discovery news and analysis. A recent post by Monica Bay provides a nice preview of the upcoming LegalTech New York event. To take a look at EDD Update, click here.