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September 2008

September 23, 2008

MetaLINCS now Seagate now i365

Thanks to Rob Robinson's twitter post, it appears that Seagate has announced a "unification" of their Recovery Services, EVault, Inc. and MetaLINCS under the banner of i365.

Seagate announced the acquisition of MetaLINCS back in December 2007 (reported on this blog) and had acquired EVault, Inc. back in December 2006.

The Seagate acquisition of MetaLINCS was an interesting spike in the e-discovery industry since Seagate is better known for their disk drives, but it certainly showed that our small legal niche was beginning to get noticed by players outside the traditional circles of legal software vendors.

I've often enjoyed reading Mark Reichenbach's (VP of Client and Industry Development at MetaLINCS) blog and tried to hop there immediately, but it appears that the new company is working out some of the bugs involved with switching to a new domain. I'm sure Mark's blog will be up soon I assume at the new URL: http://www.i365.com/onthemark.

UPDATE Sept. 26, 2008: Thanks to a comment below, Mark Reichenbach's blog can still be found at http://www.metalincs.com/onthemark.

September 17, 2008

Pause Before You Scan and Shread

Crumpled_paper_ball Businesses are choosing to store their documents by scanning them and destroying the originals. Burns White attorneys Jeffrey D. Roberts and Nina Wadhwa ask whether documents have to be stored in hard copy after scanning them and answer in terms of document retention and evidence.

Rule 502 Gets an Invite to the Whitehouse

Signing_document_2 Under a proposed federal rule of evidence, disclosure of privileged materials will not be a waiver of the privilege if, among other things, the disclosure is inadvertent. The new rule is headed to the White House and, once signed, may reduce the cost of review in e-discovery.

'U Can't Touch This' Legal Hold

Sledgehammer When the IT staff sacrifices lawyers' work habits on the altar of implementing a litigation-hold policy, it seems like MC Hammer rules the day: "U Can't Touch This." The IT department's efforts at compliance often seem to interfere with lawyers in their duties to clients.

McAfee BackDating

Our colleagues at The Recorder in San Francisco have just broken a story about a "discovery disaster that threatens to derail the government's stock options prosecution against McAfee's former GC."

Check it out here: or for updates, at www.callaw.com

Shame, shame: Gender gap in paralegal pay.

Pay On our LegalBlogWatch, Bob Ambrogi spotted this report from Chere Estrin, noting that there appears to be a gender gap in paralegal pay (and no, the women are not making more than the men). Here is his commentary:

Pay Inequity for Women Paralegals

Given that women have long outnumbered men among the ranks of paralegals, it would seem safe to assume that here is at least one segment of the legal profession where salaries are blind to gender. Surprisingly, such is not the case. In what Chere Estrin at The Estrin Report calls "the legal field's dirty little secret," it turns out that gender is very much a factor in pay scales for paralegals and legal assistants, with women earning only 93.2 percent of what men earn.

Based on an August report from the U.S. Census Bureau, Estrin writes that women paralegals and legal assistants earned a median salary in 2007 of $42,600. Men earned a median of $45,700. This was not as bad as the gap between female and male lawyers, where women earned a median of $93,600, just 77.8 percent of the median salary for men of $120,400. But still, writes Estrin, this is a field that was originally made up almost entirely of women and where women continue to far outnumber men. "No one can claim ... that men had the upper hand in terms of having a head start in the field."

So, what on earth has happened? Are you telling me that the majority of men do a better job than all women paralegals? So much so, that men will automatically get paid more?  Are you telling me that men are promoted to the manager position faster than women?  Not according to the International Paralegal Management Association whose membership lists approximately 90% of its members as women.

For Estrin, there is only one explanation, and that is that we still face a lack of equality between the genders. While we are less surprised by that in other fields, it is a shock for a field whose genesis is women. As Estrin says, "C'mon, Joe. Say it ain't so."

I think this is outrageous, and I challenge every law firm managing partner, GC, and EDD vendor to drop everything, call HR, check records, and remedy this TODAY.

Update: Turns out, the paralegals and lit support women are in just about the best posture within legal: because the news is far worse about our industry as a whole. The census figures reveal even more grim statistics: across the board, our women are earning 51% of what our men earn. FIFTY ONE PERCENT!!!!! Here's the NLJ report.

Why? Read some of the comments here and on The Common Scold  -- but one big reason appears to be that too many women don't negotiate effectively, and often take the initial salary offered to them without countering.


September 16, 2008

Index Engines eDiscovery Platform gets a manager

Index Engines announced that their eDiscovery platform can aggregate multiple input points from tape drives and libraries into one searchable index for eDiscovery. An "Index Manager" module will allow customers to combine data from large, complex jobs that span tapes, even tape libraries, simultaneously, into a manageable point of discovery. No doubt, this is good news for the many e-discovery service providers who license Index Engines technology. After all, they have the customer data on tape that could wrap around the planet a few times.

Bateman, Mighell & Giordano Join Fios

Cynthia Bateman, Tom Mighell, & Scott Giordano have joined Fios. Bateman's from Georgia-Pacific, Mighell from Cowles & Thomson, and Giordano was in private practice. Details here.

5 Lessons from the Global Credit Crunch

Seamus Byrne offers 5 EDD lessons from the money meltdown on his "In Pursuit of Relevance Blog," here.

1. The Root Cause: a negative earnings report often causes a stock price to decline.
2. Know Your Limits (and Stick to Them)
3. Remain Diligent
4. Options are not Optional
5. The Power of Perception

September 15, 2008

My Fallow Americans

Maybe the campaign or Lehman Bros, Merrill Lynch, AIG, FNMA, FMAC or Bear Stearns have me in high dudgeon, or perhaps it's because I can't see Russia from my porch, but I'm concerned.  Knit your brows with me, and ponder these trouble tickets:

  • Emotional and tactical issues deflect focus and energy from meritorious ones.
  • A cultural abyss separating those who value expertise and those who belittle it. 
  • Entrenched interests cling to methods built on brute force or false assumptions. 
  • Powerful interests stoke the fires of fear, uncertainty and doubt for their own benefit.
  • Seeking to curtail rights, those same interests play on our abhorrence of terrorism.  Justice gets short shrift.
  • Those trusted to expose waste and misdirection are its beneficiaries.
  • Deluded by past glory, we cling to yesterday’s flotsam instead of swimming toward tomorrow with all our might . 

Of course, you recognized this as a list of problems plaguing electronic discovery.


No?  What were you thinking? 


Really?


Wow, I missed that completely. 

Continue reading "My Fallow Americans" »

September 11, 2008

Dorsey & Whitney launches LegalMine

Dorsey & Whitney a law firm based in Minneapolis has embarked on an electronic document review service LegalMine. The specially trained LegalMine staff uses innovative ediscovery software tools to capture the more relevant document early on in the review stage. The documents are then sent to Dorsey's trial team to undergo further analysis, and aiding in a client's trial strategy. Click here to read more

September 09, 2008

Deloitte Financial opens eDiscovery center

Deloitte Financial Advisory Services, a subsidiary of Deloitte has opened an Electronic Discovery Solutions Center in Nashville, Tennessee. Aimed at assisting firms respond to court requests for evidence in a prompt manner, the 365/24/7 center's professionals offers services for collecting, processing and sifting through data in file formats such as PDFs, instant message logs, voice and video files. The centralized 13,180 square-foot facility houses former goverment prosecutors, computer and forensic science specialists. Press release here.

September 08, 2008

FTI releases Attenex Patterns 5.0

The software development kit is a feature within the Attenex Patterns 5.0 platform, enabling law firm IT administrators to automate e-discovery processing tasks, reduce expenses, and lower the risk of human error. Press release here.

PrePaid Forensics offers NetFlix-like disc imaging

PrePaid Forensics offers forensic disk imaging services at consistent, controlled costs to clients. Clients can purchase credits for disk drive imaging on a tiered basis as well as build in volume discounts. Click here for release.

OutIndex's eDiscoveryXPress

The eDiscoveryXpress software offers e-mail and user file processing. It incorporates the following functions, file listings, de-duplication, e-mail message format conversion, metadata extracting and load file generation into a single interface. OutIndex also reports it is offering one complimentary license of the eDiscoveryXpress application to legal service providers, corporate legal departments and law firms. Click here to find out more.

MetaLincs release Enterprise E-Discovery 4.5

Version 4.5 built for use on a 64-bit operating system, streams a pipeline architecture through search and analysis clustering allowing for the simultaneous analysis and review while processing large cases. It also provides users with current access to recent indexed content. Here for release.

Anacomp enhances docNative Paradigm

The docNative Paradigm approach to eDiscovery is a tool within the Caselogistix litigation support application. It focuses on the actual document in its original, unaltered native format, and assigns an identifier to each document resulting in conceptual search tools determining the value and relevancy to the case. Click here for release.

Bridgeway's Legal Hold

Legal Hold was developed by Bridgeway Software to assist corporate legal departments with generating, distributing and tracking preservation notices. Bridgeway reports Legal Hold is the first component of its end-to-end electronic discovery application, the entire product suite will be available before the year's end. Access release here.

Transparent Search from Clearwell Systems

Transparent Search is a component within Clearwell Systems E-Discovery Service 4.0 platform. It offers seach preview/filter/report/multiple query functions. Press release here.

Guidance Software offers EDRM compliant XML files

A work-flow driven interface is just one of the recently added features to Encase eDiscovery software application. Guidance Software Inc. states these added functions expand the search, collection, preservation and processing capabilities of the software. Click here for release.

Recommind releases version 3.0 for Axcelerate

Recommind Inc. reports Axcelerate 3.0 offers automatic language detection, integrated workflow management and an administration console. Press release here.

September 07, 2008

5 Questions to Vet EDD Vendors

Poll2_2Socha/Gelbmann have announced that they will no longer use the ranking system they have used in the past -- because they say too many people rely on those rankings to make purchasing decisions rather than carefully vetting the vendors to the specific needs of the organization.

So that raises an interesting question: What are the five most important questions that organizations should ask of vendors when evaluating and choosing EDD providers?

Hit comment and let us know -- you just might see this as an LTN article -- so be sure to include your name, title, organization and city.

September 05, 2008

A report's job is never done

No matter how much time I allot to view exhibits at technology shows, it never seems to be enough. As a result, covering the exhibitors at the International Legal Technology Association annual meeting in scheduled briefings and from the exhibit hall resulted in reports that were less than comprehensive (Report 1, Report 2). I need to spend more time on the exhibit floor in the future. That way, I would not miss as much as I did in e-discovery technology.

Continue reading "A report's job is never done" »

September 04, 2008

Judge Orders Oracle Sanctioned Over Ellison E-Mails

A federal judge ordered Oracle Corp. sanctioned in Nursing Home Pension Fund v. Oracle Corp., No. C01-988SI (N.D. Calif), for willfully destroying, or failing to preserve, thousands of e-mails from Larry Ellison and for failing to preserve audio recordings Ellison made with a British author for a book about the company.

U.S. District Judge Susan Illston of the Northern District of California held that it would be appropriate to tell jurors that they may infer from the loss of the Ellison e-mails and recordings made for the book that in 2000 Ellison knew about problems with a major product, Suite 11i; that he knew the adverse effects of the 2000-2001 dot-com bust on the company; and that he knew of problems with the company's sales forecasting model.

A 'Comparative Advantage' to Cut E-Discovery Costs

Razor_money Bringing the classical economic concept of "comparative advantage" to bear on electronic discovery allows each participant to do what it does well by relying on a partnership among client, law firm and service provider, cutting discovery costs by a minimum of one-third. Read more ...

September 03, 2008

Acumen Outsourcing Case (India)

Here's the story from The American Lawyer Daily:

Does Legal Outsourcing Put Private Info at Risk?

Posted by Zach Lowe

Late last month the American Bar Association gave the green light to legal outsourcing, provided that firms sending work overseas make sure that everything done beyond U.S. borders is done by the book--including the protection of confidential information.

Even before the ABA move, one Maryland firm was worried enough about the privacy issue to file a lawsuit against Acumen Legal Services, a legal-process outsourcing company based in India. The basis of the May complaint, filed by Joseph Hennessy, a name partner at the Maryland boutique Newman, McIntosh & Hennessey: Given that the federal government now monitors some communications between citizens here and foreign nationals, LPOs can't guarantee that a client's personal information is safe from  such surveillance.

Continue reading "Acumen Outsourcing Case (India) " »

Arkfeld's Electronic Discovery Alert

ISSUE:  ARE THERE LEGAL PROCEDURES AVAILABLE TO CONTROL THE COST OF PRODUCING ESI?

RESPONSE:  YES

Resources:

Excerpt from Best Practices Guide for ESI Pretrial Discovery - Strategy and Tactics (2008-2009),
§ 3.6 - Controlling Costs:

§ 3.6    CONTROLLING COSTS

A.    Overview
B.    Ways to Limit Costs and Avoid Objections
C.    Requesting Party Strategy
D.    Producing Party Strategy
E.    Checklist 

A.    Overview

The cost of discovering, and especially producing electronic information, can be startling. However, if you are discovering electronic information, the costs of searching electronic data can be substantially reduced if you require disclosure in an electronic format. Instead of manually searching paper documents, a computer can immediately search and locate vital information relevant to your case.

Read more . . .

September 02, 2008

Advanced E-Discovery Institute Seminar

Celebrating its 5th anniversary the Advanced E-Discovery Institute is hosting a seminar November 20- 21 2008 in cooperation with The Sedona Conference. The seminar entitled The Discovery of ESI comes to Age will be hosted at the Doubletree Hotel Crystal City in Arlington, Virginia and offers legal professionals tips on how to strategize existing e-discovery problems while preparing for problems of tomorrow. A special pre-seminar will be held on November 19, for those who those who work on addressing e-discovery from the corporate side, E-Discovery from the Corporate Side: Challenges and Solutions. The Advanced E-Discovery Institute is part of Georgetown University's Law CLE program. Click here to read more.

September 01, 2008

Scanning and Hashing: Unraveling a Case of Hidden ESI

SnowflakesTrying to help counsel understand what amounted to an obstructive data dump and ferret out undisclosed electronic collections, I recently tried to contrast having multiple scans of a document in an electronic collection with having multiple copies of the same scan. I was surprised at how tough it was to clearly articulate the difference, and it’s a critical distinction for de-duplication and, in this instance, to expose chicanery.

Continue reading "Scanning and Hashing: Unraveling a Case of Hidden ESI" »

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