Time to Truth
eDiscovery Journal
by Greg Buckles
1d ago
The ‘preserve broadly, collect narrowly’ eDiscovery approach has a hidden cost. It delays your ‘time to truth’ by a year in most cases. It robs counsel of key facts and evidence hidden in custodial in-place holds. M365, Google and other cloud repositories now have search and basic eDiscovery features to validate interviews. How many times have reviewers stumbled onto conflicting documents, reports or messages while trying to beat the looming production deadline? Why agree to a discovery plan without knowing what could come back to bite you? A few possible historical causes: Very few civil mat ..read more
Visit website
Curation – the Human Meaning behind the AI Facts
eDiscovery Journal
by Greg Buckles
1w ago
How do you keep up with our rapidly evolving eDiscovery world? Are bloggers (content creators) valuable in our GenAI world? An article by Joan Westenberg titled Curation is the last best hope of intelligent discourse answered my existential angst with marvelous clarity. First the problem space: “The current state of AI technology lacks the nuanced understanding and ethical judgment necessary to ensure the accuracy and integrity of the content it produces.” My translation: AI can generate well formed information without understanding the meaning or impact of that information. Predictive AI can ..read more
Visit website
EDJ Brief: Casepoint FOIA and Legal Holds
eDiscovery Journal
by Greg Buckles
2w ago
Casepoint has rolled out FOIA and Legal Hold modules to solve government and corporate pain points. The key value I see is the deep integration of complex task management workflows with the underlying eDiscovery platform. I have seen many tracking systems for FOIA, DSAR and other external information requests. Few integrate both repositories (M365, Google, Box, etc.) and eDiscovery platforms. Similarly, most Legal Hold systems provide notifications, custodian portal and can trigger in-place preservation, but few support ECA and scoping functionality that is critical to place defensible select ..read more
Visit website
The Supreme Cost of Lingering Metadata
eDiscovery Journal
by Greg Buckles
3w ago
Supreme Court politics aside, the lingering metadata demonstrates the potential a risk and value of editorial metadata embedded within documents that have not been ‘scrubbed’ prior to production. Even when revision history has been disabled, legal hold or retention policies may create unlimited versions based on Auto-Save settings. Using Save A Copy may retained older version history.  Revision history in SharePoint defaults to 500 versions, which become unlimited when under hold. As you can see from Mark Joseph Stern’s excellent speculations, a savvy counsel may be able to paint a plausi ..read more
Visit website
Microsoft @ LegalWeek 2024
eDiscovery Journal
by Greg Buckles
1M ago
eDiscovery has grown up. That was my first thought when I saw the manned Microsoft booth at Legal Week. Google and Amazon have yet to really engage with legal, compliance and governance markets. To be fair, my friend Jack Halprin delivered the Google Vault back in 2012, but it seems to have gone quiet since his passing in 2018. The Microsoft legal department and eDiscovery (now Purview) team have spoken on partner panels and taken Legal Week briefings for over a decade. The 2024 marks the first sign that Microsoft acknowledges the influencer role of legal in enterprise licensing decisions. Mic ..read more
Visit website
Purview Legal Holds Report – Still No Item Statistics
eDiscovery Journal
by Greg Buckles
1M ago
Click to view full size As Mike McBride recently reported, M365 Purview(Premium) is rolling out a new aggregate report for legal hold locations. It finally arrived at my testing tenant. Unfortunately, it did not restore hold item counts, which I and my corporate clients have been requesting since they vanished from the Compliance Center. So what does the new report show and how can you leverage it? The report aggregates all your individual holds from across your Premium and Standard matters. It lists the case, hold name (important for PShell queries), location and policy status (application ..read more
Visit website
EDJ Brief: Exterro @ LegalWeek 2024
eDiscovery Journal
by Greg Buckles
1M ago
My Legalweek Exterro briefing with CMO Bill Piwonka focused on their recent acquisition, GenAI powered legal holds and overall data risk management brand. Since taking $100M in funding from Leeds Equity Partners in 2018, Exterro has grown by acquisition and integration of privacy and data governance, forensics, legal hold and data discovery technologies. Legalweek announcements: Exterro, a Leeds Equity Portfolio Company, Acquires Data Discovery Solutions Leader Divebell Exterro already OEM’d Divebell technology to power their active data discovery functionality. I view this as a ‘captive acq ..read more
Visit website
Preservation – First Do No Harm
eDiscovery Journal
by Greg Buckles
1M ago
20 years after Zubulake v. UBS Warburg, LLC, 217 F.R.D. 309, [SDNY 2003] I still encounter corporate counsel issuing ad hoc legal hold notices without automated preservation in place across their data assets. Judge Scheindlin’s adverse inference ruling was the eDiscovery shot heard by every corporate counsel, though many put their heads right back in the sand. Legal hold technology acquisitions, product/feature launches and news stories abound. So, what does a mature, defensible legal hold system look like today? The consultant in me wants to say, “It depends.” Not an acceptable blog answer ..read more
Visit website
EDJ Brief: Redgrave Data @ LegalWeek 2024
eDiscovery Journal
by Greg Buckles
1M ago
Redgrave Data has carved out the data science driven bespoke consulting niche in an eDiscovery market dominated by traditional technology, hosting services and audit firms. Jeremy Pickens and CTO Mark Noel walked me through some of their rapid growth and recent engagements. My Legal Week 2023 briefing focused on defining the newly launched business. Since then, the five founders have been on a selective hiring spree to support the market demand for “computational thinking” backed by deep discovery expertise to manage high stakes-volume litigation. We did not deep dive into their recent partner ..read more
Visit website
EDJ Brief: Everlaw @ LegalWeek 2024
eDiscovery Journal
by Greg Buckles
1M ago
Everlaw seems to be an exception to the SEC’s “AI Washing” warning about the current tech hype cycle. Everlaw was called out by several Legal Week peers as one of the few to leverage AI in a practical, safe workflow. My early morning briefing with founder AJ Shankar turned into a much more philosophical technical deep dive than I expected after my first coffee. AJ was not content to just show me the AI driven coding recommendations and summaries linked to the triggering document content.  He wanted me to understand their AI utilization approach focusing on supporting decisions with trans ..read more
Visit website

Follow eDiscovery Journal on FeedSpot

Continue with Google
Continue with Apple
OR