Information Governance (InfoGovernance) is the specification of decision rights and an accountability framework to encourage desirable behavior in the valuation, creation, storage, use, archiving and deletion of information. It includes the processes, roles, standards and metrics that ensure the effective and efficient use of information to enable an organization to achieve its goals. Information governance should be an element in planning an enterprise's information architecture.

(Gartner Hype Cycle for Legal and Regulatory Information Governance, 2009, December 2009).

An Engagement Area (EA) is an area where the commander of a military force intends to contain and destroy an enemy force with the massed effects of all available weapons systems.

(FM 1-02, Operational Terms and Graphics, September 2004).

Wednesday, December 31, 2014

Faith and Predictive Coding? (Cartoon and Clip)

The Cartoon and Clip of the Week for December 31, 2014

Daily we read, see and hear more and more about the challenges and concerns associated with predictive coding. This week’s cartoon and clip highlights one consideration for the use of predictive coding (cartoon) and provides a chronological listing of some of the most interesting industry posts on technology-assisted review in 2014 (clip).


An Overview of Selected Posts on Technology-Assisted Review

Click here to follow chronologically some of the most interesting posts on technology-assisted review in 2014.

Tuesday, December 30, 2014

Data Storage Costs and Nearlining

From the Legal Talk Network with Michele Lange
There has been a rapid growth in electronically stored information that is potentially useful for e-discovery in litigation. Because more data storage means higher costs, organizations are searching for new ways to store their information efficiently and cost effectively while at the same time not limiting access throughout discovery, a process which can sometimes last for months or years. It is important for litigators and large companies to understand what their options are for data storage and hosting cost flexibility. A process called “nearlining” provides a relatively simple solution to this problem of expensive data storage.

A New Market Quadrant for eDiscovery in 2014

Published on November 19, 2014, The Radicati Group’s new eDiscovery Market Quadrant 2014 report provides information technology and business professionals with information and competitive analysis of thirteen vendors focused on the delivery of electronic discovery solutions.
This new report is authored by technology research expert Sara Radicati. Radicati founded The Radicati Group in 1993.  The Radicati Group has emerged as a leader in quantitative and qualitative analysis on technologies ranging from communications to electronic discovery.
While the complete report is available for purchase from The Radicati Group, a listing of evaluated vendors and report evaluation criteria is provided below.
Thirteen eDiscovery VendorsAlphabetical Order
Evaluation Criteria
  • Market Share
  • Functionality
Functionality Assessment
  • ESI Support (Basic and Advanced)
  • Search Capability
  • Legal Hold
  • Early Case Assessment
  • Technology Assisted Review
  • Potential Cost Estimates
  • Deduplication
  • Data Categorization
  • Data Presentation
  • Data Management
  • Data Export
  • Added Notes/Explanations
  • Solution Form Factor
  • Professional Services

Monday, December 29, 2014

High-Speed eDiscovery Processing: Capacity Comparison of Two Providers

By Lexbe
Lexbe provides eDiscovery software and services for legal professionals at law firms, corporations, and government agencies.  
In this white paper, Lexbe briefly describes a demonstration conducted to evaluate the speed and effectiveness of the Lexbe eDiscovery Processing System (“LEPS”) to process and convert the EDRM Enron Dataset.
LEPS converted the entire 53 GBs of the EDRM Enron Dataset, with 5 million page equivalents, into industry-standard TIFF images in only 5.3 hours. To accomplish this task in this short time, LEPS programmatically deployed and utilized over 60 parallel server instances, and maintained a sustained throughput rate of 240 GBs/day (23 Million pages/day) for Native to TIFF processing. This is a substantial increase in industry TIFFing capability. By comparison, an existing industry leader, Xerox Litigation Services, has a company-wide capacity of 5 Million pages per day, or less than 25% of Lexbe’s capacity.
To learn more about Lexbe, visit

Wednesday, December 24, 2014

Holiday Enthusiasm at Work? Try the Cloud (Cartoon and Clip)

The Cartoon and Clip of the Week for December 24, 2014

Daily we read, see and hear more and more about the impact of the cloud on everything from services to security and from productivity to privacy. This week’s cartoon and clip highlights one way the cloud can be used to increase workplace effectiveness in the holiday season (cartoon) and provides insight and predictions into the future of the cloud from several of Silicon Valley’s leading venture capital firms (clip).


The Cloud in 2015: Predictions from Greylock and Sequoia

Click here to read about the Cloud in 2015.

Tuesday, December 23, 2014

2014 Information Governance Year in Review

By Benjamin Barnes, Judy Selby and James Sherer
2014 has been perhaps the biggest year Information Governance (“IG”) has seen. A relatively small and, if not unknown, at least undefined field only a few years ago has grown into an area of interest—and concern—to many organizations. The continued growth of data, the escalating threat of data breaches, the amazing ability to collect and analyze immense databases of personal information (the “Big Data” effect), the rising costs of electronic discovery, and new laws and regulations addressing privacy and security have all combined to underscore the importance of proper IG practices to organizations’ well-running—and the need to address related […]

Update: The Sedona Conference® Cooperation Proclamation

From The Sedona Conference
The legal, business, and popular press has been abuzz with articles on electronic discovery and the increasing cost and burden of litigation. The Sedona Conference ® , the nation’s leading non-partisan, non-profit law-and-policy think tank, is actually doing something about it. Leading jurists, trial attorneys, corporate counsel, government lawyers, and others are signing onto “The Cooperation Proclamation.” By doing so, they are pledging to reverse the legal culture of adversarial discovery that is driving up costs and delaying justice; to help create “toolkits” of model case management techniques and resources for the Bench, inside counsel, and outside counsel to […]

Monday, December 22, 2014

Frustrated Court Crafts “New and Simpler Approach to Discovery,” Identifies Search Terms to be Utilized by Plaintiff

By K&L Gates
Armstrong Pump, Inc. v. Hartman, No. 10-CV-446S, 2014 WL 6908867 (W.D.N.Y. Dec. 9, 2014) In this breach of contract case, the court granted in part Defendant’s motion to compel and, in light of Plaintiff’s piecemeal production (which the court had earlier cautioned against) and other discovery failures, fashioned a “new and simpler approach” to discovery, including the identification of 13 search terms/phrases to be utilized when searching “ALL [of Plaintiff’s] corporate documents, files, communications, and recordings. . .”  The court also ordered the plaintiff and all counsel of record to file a sworn statement confirming its “good-faith effort to […]

Saturday, December 20, 2014

In Legal Search Exact Recall Can Never Be Known – Part One

By Ralph Losey
“Uncertainty is an uncomfortable position. But certainty is an absurd one.” VOLTAIRE In legal search you can never know exactly what recall level you have attained. You can only know a probable range of recall. For instance, you can never know that you have attained 80% recall, but you can know that you have attained between 70% and 90% recall. Even the range is a probable range, not certain. Exact knowledge of recall is impossible because there are too many documents in legal search to ever know for certain how many of them are relevant, and how many are irrelevant. I […]

Friday, December 19, 2014

The Cloud in 2015: Predictions from Greylock and Sequoia

By Kamal Shah
It’s always fun (and a bit humbling) to look back at predictions for the current year to see which were spot on and which missed the mark. In reexamining our own predictions for 2014 , several came to fruition in full effect: “The rise of SMACS,” “Enterprises regain control of encryption keys,” and “Data security re-emerges.” Other transformations are underway but not quite complete: “Unencrypted data will start to disappear” and “IT stops blocking cloud services over outdated risks.” One prediction sets itself apart as the defining IT trend of 2014: “The rush to adopt cloud services will drown […]

Wednesday, December 17, 2014

Market Considerations for eDiscovery and Information Governance (Cartoon and Clip)

The Cartoon and Clip of the Week for December 17, 2014

Daily we read, see and hear more and more about the increasing need for task effective and cost efficient eDiscovery and information governance technologies. This week’s cartoon and clip highlights one cost driver for these technologies (cartoon) and provides a podcast overview from the Legal Talk Network on potential issues and trends in these important markets (clip).


Issues and Trends in eDiscovery and Information Governance

Podcast from Digital Detectives with Sharon Nelson and John Simek
As lawyers, we hear a lot about the technological advances in eDiscovery and information governance. How do you describe the current state of eDiscovery from an opportunity and growth perspective, and how does this market opportunity impact the pulse rate of mergers, acquisitions, and investments? For lawyers purchasing eDiscovery packages, there are several types of vendors and pricing models, and they need to be asking the right questions. What does the data governance solution need to do, how much does it cost, what are the time constraints, and how complex is the system?
Click here for the podcast from the following Legal Talk Network podcast.

Click here to follow the Digital Detectives series from the Legal Talk Network.

Tuesday, December 16, 2014

Best Practices: Forms of Production

By Lexbe
Click here for the Lexbe webinar Best Practices: Forms of Production. 
Lexbe provides eDiscovery software and services for legal professionals at law firms, corporations, and government agencies.  
Whether producing in Native, TIFF, PDF, or a blended format, discovery productions are fraught with potential challenges and obstacles that can foil your ability to meet deadlines and satisfy discovery requirements. Avoid common pitfalls and discover innovative solutions to flawlessly execute your production.
Click here for a demonstration of Lexbe eDiscovery Platform features, a 15 day trial, or for any additional information.
To learn more about Lexbe, visit

Friday, December 12, 2014

eDiscovery Vendor Viability: Comparisons Beyond Technology and Talent

By Rob Robinson
In an effort to help eDiscovery decision makers evaluate and compare both the immediate and long term success potential of electronic discovery vendors, the following considerations, shared in a formulaic manner to allow for objective comparison of subjective evaluation criteria, are provided for your review.  The author is well aware that there are many considerations required to truly evaluate electronic discovery vendors and the following  considerations represent one view of how one can evaluate/compare vendors beyond just the “feature and function and pricing” of services and products.

Thursday, December 11, 2014

The Impact Of Privacy Liability (Cartoon and Clip)

The Cartoon and Clip of the Week for December 10, 2014

Daily we read, see and hear more and more about the challenges associated with privacy regulation and liability. This week’s cartoon and clip highlights one public example of holiday related privacy violations (cartoon) and provides a link to an article on the increasing involvement of federal regulatory agencies in applying privacy law (clip).


Safe & Sound: A Privacy and Security Blog

Click here to find the latest privacy and security advice for companies from the Safe & Sound Privacy and Security Blog of Quarles and Brady.

Tuesday, December 9, 2014

ILTA 2014 Law Firm Tech Survey – Highlights

By Ron Friedmann
The  ILTA 2014 Law Firm Tech Survey was just released. The International Legal Technology Association each year conducts a comprehensive survey of law firm technology. At 301 pages, the report is packed with information. I summarize here findings on practice support and the business of law that I find interesting; I also offer some comments. This survey is a Herculean effort and we should all applaud ILTA and the many volunteers and participants who make it possible. Social Networking and Collaboration Tools  (p. 61). The results here disappoint but do not surprise. Much of Big Law had great hope for consumer-style social media re-tooled for […]

Monday, December 8, 2014

Measuring Recall in E-Discovery Review, Part Two: No Easy Answers

By John Tredennick
In Part One of this two-part post, I introduced readers to statistical problems inherent in proving the level of recall reached in a Technology Assisted Review (TAR) project. Specifically, I showed that the confidence intervals around an asserted recall percentage could be sufficiently large with typical sample sizes as to undercut the basic assertion used to justify your TAR cutoff.
In this Part Two, I will take a look at some of the other approaches people have put forward and see how they match up. However, as Maura Grossman and Gordon Cormack warned in “Comments on ‘The Implications of Rule 26(g) on the Use of Technology-Assisted Review’” and Bill Dimm amplified in a later post on the subject, there is no free lunch.

No Export License Required for Software as a Service

By Thomas M. DeButts
The US Department of Commerce, Bureau of Industry and Security (BIS) recently released a redacted Advisory Opinion dated November 13, 2014 that confirms for cloud-based software vendors (or Software as a Service providers) that allowing access to export controlled software for use only in the cloud (or on servers) does not constitute an export of that software to the user. This completes the picture of how SaaS providers can legally deliver cloud-based computing and storage services to parties outside the borders of the country where the servers are located without triggering export authorization requirements. […]

Saturday, December 6, 2014

The Continued Decline of the Homepage

By Gerry McGovern
Google is your new homepage. Every page you have is a homepage for someone. We must think beyond the traditional homepage. “The value of the homepage is decreasing,” a leaked New York Times report stated in May 2014. “Only a third of our readers ever visit it. And those who do visit are spending less time: page views and minutes spent per reader dropped by double-digit percentages last year.” “Across The Atlantic sites, the fraction of visits that begin on the homepage is surprisingly small,” Bob Cohn, editor of Atlantic Digital wrote in 2012. “About 13 percent of visits […]

eDiscovery Challenges: Managed Litigation Document Reviews

Lexbe provides eDiscovery software and services for legal professionals at law firms, corporations, and government agencies.  
Review costs continue to be the dominant portion of discovery expenditure for firms involved in complex litigation. As the volume of documents to be reviewed in any given case continues to grow exponentially, the challenge of finding a cost-efficient solution to complete large review assignments become more pressing. In addition to the high direct costs of traditional staffing, firms feel the pain of hiring each new contract reviewer through added user fees, licensing costs, and increased overhead.
Managed Review providers have addressed many of these cost issues by specializing in the management, administration, and execution of large scale litigation document reviews. By leveraging a single point of contact, firms choosing to enlist managed review services gain access to state of the art review facilities and hardware, project management expertise, review attorney recruiting expertise, and best of breed litigation document management software.
Our cross-platform (PC and Mac) hosted litigation document management solution features the ability to self-upload and process case data for same day review in addition to lightning fast, advanced search and coding capabilities. Lexbe eDiscovery Platform includes robust QA/QC functionality in addition to online document processing capabilities that can streamline your review. Prepare and complete reviews quickly with Lexbe eDiscovery Platform to meet production deadlines.
Click here to learn more about the Lexbe eDiscovery Platform for Managed Review.
Click here for a demonstration of Lexbe eDiscovery Platform features, a 15 day trial, or for any additional information.
To learn more about Lexbe, visit

Friday, December 5, 2014

EDRM Publishes Statistical Sampling Applied to Electronic Discovery, Release 2

From the EDRM
EDRM , the leading standards organization for the e-discovery market, announced today the release of an updated Statistical Sampling Applied to Electronic Discovery . The release, published on the EDRM website, is open for public comment. At the conclusion of the public comment period on January 9, 2015, input will be reviewed and considered for incorporation before the updated materials are finalized. The updated materials provide guidance regarding the use of statistical sampling in e-discovery. Much of the information is definitional and conceptual and intended for a broad audience. Other materials […]

Thursday, December 4, 2014

Big Data Market Projected to Reach $76 Billion by 2020

By Lenny Liebmann
As data continues to proliferate exponentially, businesses of all kinds are finding it more and more worthwhile to analyze that data so they can better pinpoint market opportunities, deliver greater value to their customers and improve the efficiency of their operations. But businesses need a lot of help gathering, integrating, analyzing and monetizing data on an increasingly massive scale. That’s why technology vendors offering big data solutions are raking in an estimated $30 billion worldwide. And that revenue is projected to grow 17 percent annually to reach $76 billion by 2020, […]

Tuesday, December 2, 2014

3 Tips for Better Social Media Information Governance

By Rebekah Mintzer
There’s no need to look any further than this week’s accidental tweet by Anthony Noto , Twitter’s CFO, to understand why social media can be a simultaneous blessing and curse for companies. Noto’s tweet, which he apparently thought he was sending as a private message to another Twitter employee, disclosed some information about an unnamed possible acquisition target for Twitter. Not all embarrassing social media incidents at a company will make headlines the way Noto’s did, but it is important that all organizations think carefully about policies […]

More 2014 eDiscovery Survey Results

By Greg Buckles
Kroll just released conclusions and limited data from a short eDiscovery survey covering trends such as Predictive Coding (PC/TAR) use, Social Media, BYOD, the ‘Internet of Things’ and Security. With over 550 law firm and corporate respondents, Kroll has certainly managed to get a statistically significant sampling, though they were the first to acknowledge that their questions were very basic data points. I just wish that they would publish the raw questions and response data so that readers could form their own interpretations with full confidence. I did find a couple of items interesting in light of […]