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).

Saturday, September 20, 2014

Unitization: E-Discovery’s Achilles’ Heel

By Matthew Adams
By now, it is common knowledge that an e-mail thread is generally organized with the oldest string of the communication at the end of the document, and the most recent string of the communication at the beginning of the document.  It all makes good logical sense, right? The hidden Achilles Heel of e-discovery is a set of ESI that is not so orderly and coherent.  Ensuring that you do not fall for this common e-discovery trap is simple, and hopefully with some awareness of the issue from the outset, you will not fall prey to an un-unitized, and therefore functionally useless data set, whether [...]

Friday, September 19, 2014

Even A Judge Questioned Why Ask for Permission to Use Predictive Coding

By Josh Gilliland
I do not normally want to high five Federal judges, but Judge Ronald Buch, a Tax Judge in Texas, sure deserved one after his  Dynamo Holdings opinion.
The discovery dispute can be summed up as a battle over backup tapes that had confidential information. The Requesting Party wanted the tapes; the Producing Party wanted to use predictive coding to produce what was relevant, because the cost for reviewing the material for privilege and relevancy would cost $450,000 with manual review.  Dynamo Holdings v. Comm’r, 2014 U.S. Tax Ct. LEXIS 40 (Docket Nos. 2685-11, 8393-12. Filed September 17, 2014.) The Requesting [...]

Thursday, September 18, 2014

Innovation in eDiscovery? (Cartoon and Clip)

The Cartoon and Clip of the Week for September 18, 2014

Keeping up with innovation in eDiscovery can be quite challenging given the various approaches, commentators and providers weighing in on each real or perceived innovation. This week’s cartoon and clip features a strategic approach to driving innovation (cartoon) and a non-all inclusive running listing of mergers, acquisitions and investments in the eDiscovery arena (clip).

Click here to find running listing of the latest publicly available eDiscovery related merger, acquisition and investment activity as shared on the ComplexDiscovery blog.

Black Swans and Information Governance

By Jason Baron
In the absence of a black swan recently happening to you and your organization, how can you convince the powers that be that they should take some preventive and/or precautionary course of action to stave off a subsequent disaster? These questions have direct relevance to the matter of “selling” information governance to the C-suite in our increasingly Big Data world.

Wednesday, September 17, 2014

Federal Judiciary Approves Civil Discovery Rules Changes

By Zoe Tillman
Federal judiciary officials on Tuesday approved proposed changes to court rules that could reshape how discovery is handled in civil litigation—for better or for worse, depending who you ask.
The Judicial Conference of the United States, the judiciary’s policymaking body, adopted the amendments during its biannual, closed-door meeting on Tuesday. The rules will go to the U.S. Supreme Court for consideration. If the high court approves the changes, they’ll take effect Dec. 1, 2015, unless Congress steps in to oppose the amendments or to make adjustments.

Tuesday, September 16, 2014

Gartner Predicts Rise of the Digital Risk Officer

By Michael Piramoon, Director of Analyst Relations, Accellion
The number of devices connected to enterprise networks is skyrocketing. One reason is mobile computing. Mobile workers in the US now carry on average 3 mobile devices, according to a recent survey by Sophos. Fifteen years ago, each of those workers would have connected to the network through a single desktop computer. The number of devices storing business data and connected to the network per employee has tripled (or quadrupled for those employees who still have desktop computers in addition to their mobile devices). And unlike the devices of a decade or more ago, many of these devices have been selected and configured by employees themselves, regardless of whether or not the organization has officially adopted a Bring Your Own Device (BYOD) policy.

Monday, September 15, 2014

New Survey Shows eDiscovery Workload, Predictive Coding Use Increasing

By Doug Austin
eDiscovery workload, the use of predictive coding and projected rate of adoption of technically assisted review are all up significantly, according to a new report by recruiting and staffing firm The Cowen Group.
In its Executive Summary, the Q2 2014 Quarterly Critical Trends Report highlighted “three compelling and critical trends”, as follows:
  1. Workload and the rate of increase is up, significantly
  2. The demand for talent is still increasing, however at a much slower rate than last year.
  3. The use of predictive coding (PC) is up by 40 percent but the projected rate of adoption of technically assisted review (TAR) and PC is dramatically up by 75 percent.
The survey represents responses from one hundred eDiscovery partners and litigation support managers/directors from 85 Am Law 200 law firms.