Unify & Daegis Merging

Unify, a data management and migration software vendor, and Daegis  an e-discovery and litigation support consultancy, are in the process of merging. The new entity, yet to be named, will focus on data archiving, information governance, and EDD, they say.

Under the accord, Unify will pay $38 million in a combination of cash, seller financing, and stock. So far, Unify has paid $24 million in cash, delivered $6.2 million in convertible promissory notes, and issued approximately 2.1 million shares of its common stock to Daegis shareholders.

Iron Mtn's OnPoint; CaseCentral Upgrades 2 Cloud

Iron Mountain has debuted Stratify Legal Discovery OnPoint. The hosted system helps users load data for early filtering to help legal professionals assess the merits of their cases. It offers metadata-based faceted search, automatic concept organization, and random sampling technologies. At any stage, legal professionals can return to the full volume of restored, unfiltered data to identify additional documents to be included in the review.

CaseCentral introduced its cloud-based CaseCentral eDiscovery Platform 4.1, which includes a new folder creation assistant that automatically creates complex folder structures for large data sets. For the latest news and analysis, visit the EDD Update blog.

Assist: Dan Howley.

ARMA International Webinar

ARMA International (www.arma.org) is scheduled to host a webinar from July 5 through July 13 focusing on the challenges of offsite storage compliance. It will be facilitated by Cindy Carnagey, Dell's offsite storage contract manager and retention advisor.

Release here.

A Match Made in...Eden...Prairie

In her 6/25 Daily Alert e-mail, Monica Bay floated the intriguing notion that Kroll Ontrack might be "a perfect fit" for acquisition by Thomson Reuters, particularly as soul mate to its West legal publishing subsidiary.  I'm no yenta, but I haven't been able to get that match out of my head.  Let's look at their compatibility score:

Show No Fear

In June's Law Technology News, Craig Ball channels Mendelsohn's Elijah, singing  "Be Not Afraid."

Ball expounds on the single greatest problem posed by electronically stored information -- and it's not data volume or complexity. It's the reluctance of lawyers to exert the time and effort required to understand ESI.

Are EDD Sanctions Tough Enough?

Freelancer Jason Krause ponders the question here, discussing Pension Committee and other recent cases, here.

Incoming EDD-mail

* San Francisco's D. Mark Jackson, a partner at Bassi, Edlin, Huie & Blum, has launched LeanLaw, a blog for lawyers and other professionals. It focuses on "organizational efficiency and personal productivity."

But I have to confess, his latest post leaves me puzzled: "I’ll be presenting at the U.S. Open golf tournament today. The topic is ethics and electronic discovery," he says. OK, I guess I'm clueless but what's the nexis between golf and EDD? Perhaps he'll jump into the comments and 'splain it all to us.

* Bill Onwusah, lit support manager at Hogan Lovells, forwards a link about a vendor offering "safe discovery" legal reviews on iPads and iPhones. I'm not sure I "get" this either.  :)

* Peg Duncan's post about "ECA & the Prince of Denmark" will no doubt entertain the e-discovery crowd. From Slaw blog

People Make Mistakes

“People make mistakes.” This simple three word sentence is how Chief Justice John Roberts begins his opinion in Conkright v. Frommert, No. 08-810 (Apr. 21, 2010). He goes on to add: "Even administrators of ERISA plans." Then he explains how complicated those plans can be. As a former ERISA litigator, I know he's right, as I have read far too many ERISA plans myself. But let me tell you, as an attorney who left ERISA to focus solely on e-Discovery in 2006, it's nothing compared to ESI plans.

More judges need to learn the lesson of complexity and the impossibility of perfection in all situations, not just ERISA plans. The lesson is especially needed in the area of electronic discovery, where mistakes are inevitable in large projects. Everyone involved in e-discovery needs to learn that a mistake is not automatically negligence. In the language of the law, res ipsa loquitur does not apply. A missing ESI is not equivalent to a barrel falling on your head! It depends on the facts and circumstances. It depends on how bad a mistake it was.

LTN Vendor Satisfaction Survey: Service Rules!

The results are in from the inaugural LTN Vendor Satisfaction Survey, conducted by our ALM Legal Intelligence research group under the direction of vice president Kevin Iredell. Conducted this winter, via a confidential online poll, the survey asked legal professionals who buy -- or influence the purchase of -- legal technology to review the vendors and to tell us what they want from those vendors. (LTN's editorial team was not involved in the process.)

Anyone who has ever tried to call a major company, from a bank to an airline, will easily predict the criteria that tops the "wish list" -- customer service. Overwhelmingly (77%), respondents screamed for "responsiveness to issues and prompt resolutions."

In our July issue cover story, "Help, Please!" Law Technology News explores the survey, and analyzes its results. Here's a sneak preview of the article!

Applied Discovery Partners with EMC

Applied Discovery (www.applieddiscovery.com) is partnering with EMC (www.emc.com) in a deal that means AD can offer EMC's SourceOnce eDiscovery Kazeon early case assessment service  -- to help  users collect, cull, and analyze EDD data, and then move it into AD's processing and review services.

Press release here.

Integreon Outsourcing Deal: New Model?

CMS Cameron McKenna has signed a 10-year, ₤538 million deal with California’s Integreon to outsource non-billable "middle office" services.

The services include accounting and finance, human resources and training, marketing and communications, training, library and information services, research, IT, and facilities.

Isom & Santalesa join InformationLawGroup

InfoLawGroup reports that David Isom and Richard Santalesa have joined the firm as senior counsel. Isom was formerly co-chair of Greenberg Traurig's EDD practice group. Santalesa, based in New York City and Fairfield, CT., focuses on electronic commerce, internet, privacy issues and other commercial arrangements involving intellectual property and technology-savvy companies.

More here.

 

Cowen Group: PM is Exploding

The Cowen Group a New York-based legal recruiter and consultancy, has announced the results of its 2009/2010 eDiscovery and Litigation Support Professionals Salary Survey. According to managing partner David Cowen, 487 professionals at 100 major firms shared their salary data with TCG for its 5th annual report. The data was gathered between November 2009 and February 2010.

As usually occurs, salaries are highest on the East Coast, lowest in the central part of the country. TCG broke the results into six different categories, with these median 2009 base salaries and projected 2010 East Coast figures: 

* analyst $67,500 ($72,000) 
* specialist $91,000 ($93,000)
*  project manager $115,000 ($125,000)
* regional coordinator $135,000 ($145,000)
* national manager $165,000 ($205,000)
* and firmwide director $267,000 ($295,000).

Ontario v. Quon: SCOTUS Says Text Search Was Reasonable

As a long-time reader of EDD Update and first-time poster, I am delighted to use my inaugural post to bring you something hot off the presses - the Supreme Court opinion in City of Ontario v. Quon. 

The media commentary has already started on what it all means for privacy rights and the answer may be "not a whole lot," since the Supremes largely punted on the privacy issue and intentionally sought to keep the ruling narrow.

The majority opinion assumes arguendo that Sgt. Quon had a privacy right in text messages sent and received via his work-issued pager, but concludes that the search of the texts by his employer, the City, was nonetheless reasonable and the Fourth Amendment was not violated, reversing the 9th Circuit.

No rehash of the facts or extensive analysis in this post, designed solely to alert you to the decision (although there is certainly more to be said).

Without further ado, here is the lnk to the syllabus and opinion:
http://www.supremecourt.gov/opinions/09pdf/08-1332.pdf

New Jersey Women in eDiscovery

Warm thanks to the terrific gang at the New Jersey chapter of Women in eDiscovery, for inviting me to come to their June meeting yesterday and talk about social media and LTN's May cover story, "Risks & Rewards."

Before I began my presentation, we went around the table comparing notes about our EDD pet peeves. One of my favorite moments was when one of the women (who will remain nameless) did an hysterical parody of a firm partner doing the stop-and-go "dance" about when a project will actually start.   And of course, who has been involved with any discovery and not heard, at 4:55 pm on a perfect summer Friday, the dreaded words, "Can you work the weekend?"

IMRM Graphic Available for Download

The Information Management Reference Model (IMRM) graphic is now available for download, either as a .jpg or an .eps file. The files can be downloaded from the main EDRM page (edrm.net), the EDRM downloads page (edrm.net/1617), or the main IMRM page (edrm.net/25).

A Quality Assurance Tip for Privileged ESI

We squander so much money in e-discovery searching for confidential attorney-client communications.  "Squander" because it's an outsize expense that could have been largely eliminated with minimal effort at the time fingers met keyboard.  It's not as though counsel are wholly unaware of the sensitivity of privileged communications when made.  If it had been a face-to-face conversation, we'd have had the presence of mind to shut the door or ask those outside the ambit of privilege to leave.  Lawyers really aren't as stupid as we sound in the reported decisions.

If we have the presence of mind to recognize and protect a confidential attorney-client communication when made face-to-face--if we're savvy enough to say, "Wait a second while I take this off speakerphone,"--why are we incapable of bringing the same cautious mien to our electronic conversations?  And, why-oh-why do we forget the most important component of quality assurance before producing material posing a risk of inadvertent production of privileged communications?

CT Summation & AccessData Morph into AccessData Group

Darwin Watch: Wolters Kluwer's CT Summation and AccessData have just announced that they have signed the paperwork to merge into a single company: AccessData Group.
   The new company will offer a cradle-to-grave electronic data discovery offering, they report. Currently, AccessData's namesake e-discovery software helps users address litigation holds, automated collection, processing, and analysis prior to attorney review. CT Summation's roster includes litigation workflow and e-discovery products: iBlaze, CaseVault, and Discovery Cracker.
   AccessData CEO Tim Leehealey told Law Technology News that he will remain on as CEO, with his current management team, which includes Brian Karney (COO) and Erick Thompson (founder/CTO), among others. Whether CT Summation leaders will participate on the management team is unsettled at this time, he said. 

Darwin Watch: AccessData, CT Summation

Wolters Kluwer's CT Summation and AccessData have just announced that they have signed the paperwork to merge into a single company: AccessData Group.

The new company will offer a cradle-to-grave electronic data discovery offering, they report. Currently, AccessData's namesake e-discovery software helps users address litigation holds, automated collection, processing, and analysis prior to attorney review. CT Summation's roster includes litigation workflow and e-discovery products: iBlaze, CaseVault, and Discovery Cracker.

AccessData CEO Tim Leehealey told Law Technology News that he will remain on as CEO, with his current management team, which includes Brian Karney (COO) and Erick Thompson (founder/CTO), among others. Whether CT Summation leaders will participate on the management team is "unsettled" at this time, he said.

EDRM Enron Email Data Set v2 Now Available

We have started loading the EDRM Enron Email Data Set v2. The files are available at edrm.net/6354.

This set consists of Enron e-mail messages and attachments in zipped files. The files are organized by custodian. Each zipped file should contain some combination of the following (depending on availability, of course):

• XML
• EML with attachments
• Native attachments
• Text email bodies
• Text email attachments

We are in the process of loading files. Please check back for updates.

Draft EDRM Production Standards Available for Comment

Draft EDRM Production Standards are available for review and comment, at edrm.net/5920.

Prepared by Julie Brown of Vorys, Sater, Seymour & Pease LLP and reviewed by additional EDRM members, the draft EDRM Production Standards document is intended to outline standards for production of electronically stored information in discovery. The standards are meant to be easily communicated by attorneys at a meet and confer by referring to the category of production.

We welcome comments on these draft standards. Comments can be posted at the draft EDRM Production Standards page, edrm.net/5920, or sent to mail@edrm.net.

Thanks,

George

Planet Data and Law.com to Host Webinar

Planet Data (www.planetds.com) and Law.com (www.law.com) are scheduled to host a webinar titled "FRCP 26(f) All Access - A Benhind the Scenes View of Current Requirements." on June 16. Led by Planet Data CEO Howard Reissner, the webinar will cover current requirements and guidelines needed to attain the highest level of preparation for early case assessment.

Panelists include U.S. District Court Judge Michael M. Baylson, author of the "Rhoads Industries opinions," who will discuss judicial expectations and best practices; and Ian Hochman, Special Counsel for e-discovery at Willkie Farr & Gallagher, who specializes in implementing cost-efficient and defensible strategies for collection, processing, and review. James J. Stricker, a partner with Kasowitz, Benson, Torres & Friedman, will also join the panel to discuss complex civil litigation, including class actions in courts throughout the country.

Press release.

More on Kroll Acquisition

From yesterday's Law Technology News website:

By Monica Bay

Altegrity today announced plans to acquire Kroll from Marsh & McLennan Companies, in an all-cash transaction valued at $1.13 billion the companies announced. Kroll offers a range of security and technology services, including investigations, financial advice and intelligence, and more.

Altegrity is owned by Providence Equity Partners, a global private equity firm. The transaction is expected to close by September, assuming the usual approvals. Altegrity's CEO Mike Cherkasky served as president/CEO of Kroll from 2001-2004. MMC turned to Wachtell, Lipton, Rosen & Katz for legal counsel; Debevoise & Plimpton aided Altegrity and Providence.

Among Kroll's entities is Kroll Ontrack, which offers a range of services, software, and consulting to help legal, corporate, and governmental entities (and consumers) deal with data, including data recovery services. Kroll Ontrack has a high profile in the e-discovery community; it ranked as a top 5 overall services provider in the final Socha/Gelbmann e-discovery survey in 2008. In the same survey, it ranked in the 11-15 category for its software.

Kroll Changes Hands

Kroll, Inc., parent company of EDD service provider Kroll Ontrack, has been sold by insurance giant Marsh & McLennan to government security contractor, Altegrity, Inc.  MarshMac, who acquired Kroll in the summer of 2004 for $1.9 billion, will receive a reported $1.13 billion for the unit.  Wonder if some of Kroll's investigative skills will be tasked to find out what happened to that $770 million in value lost to shell-shocked shareholders like me?

It's likely a good move for Kroll--always a poor fit at Marsh and a minor contributor to revenues--and a homecoming of sorts, as former Kroll chief, Michael G. Cherkasky, now runs Altegrity.

Sedona Conference Taking Applications for EDD Event

The Sedona Conference (www.thesedonaconference.org) has announced that it is accepting applications or its Second Annual International Programme on Cross-Border eDiscovery & Data Privacy. The event will be held on September 15 and 16 at the Westin Grand Hotel in Washington, D.C. Topics to be cover include the evolving landscape of cross-border discovery conflicts, efforts to reconcile competing notions of privacy and EDD, emerging global EDD and eDiscovery issues, and potential solutions to mitigate risk and cost of cross-border discovery conflicts.

Release here.

2010 Socha-Gelbmann Electronic Discovery Survey Reminder

It is not too late to participate in the 2010 Socha-Gelbmann Electronic Discovery Survey.

We want your input (if we don't have it already).

You can tell us about your organization's electronic discovery activities. And give us your thoughts about the state of electronic discovery last year, this year, and in the years to come. All via a website that you should find easy to use; in a phone call with one of us; or both.

We will gather information for this year's report through the end of June 2010.

If you are interested, contact us at:

2010-both@sochaconsulting.com: Web site and interview

2010-web@sochaconsulting.com: Web site only

2010-interview@sochaconsulting.com: Interview only

Thanks!

George Socha & Tom Gelbmann