1. Webinar Preparing For In-House eDiscovery: Align Vendors To Your Use Cases And Pain Points
Cheryl McKinnon, Principal Analyst
December 11, Call in at 12:55 p.m. Eastern time

2. Agenda
eDiscovery rises in importance for IT.
Understand the electronic discovery reference model (EDRM), use cases, and vendors.
Information management as a foundation for eDiscovery
Q&A

3. Agenda
eDiscovery rises in importance for IT.
Understand the electronic discovery reference model (EDRM), use cases, and vendors.
Information management as a foundation for eDiscovery
Q&A

4. Commonly used definitions
What is eDiscovery?
It is the “process of identifying, preserving, collecting, processing, searching, reviewing, and producing electronically stored information that may be relevant to a civil, criminal, or regulatory matter.”
Electronically stored information (ESI)
Discoverable information that is “stored in any medium from which the information can be obtained either directly or, if necessary, after translation by the responding party into a reasonably usable form”
Source: EDRM (

5. Discovery applies to other use cases
Same activities, processes, and technologies can be applied to nonlegal use cases.
Freedom of information (FOI) requests in public sector
Internal investigations
Submissions to regulators
Audit responses

6. eDiscovery jumps onto IT’s radar in 2013
Source: November 15, 2013, “Understand The Context Of eDiscovery Tools For Your Enterprise” Forrester report

7. Agenda
eDiscovery rises in importance for IT.
Understand the electronic discovery reference model (EDRM), use cases, and vendors.
Information management as a foundation for eDiscovery
Q&A

8. Electronic discovery reference model (EDRM)

9. EDRM — a conceptual view, not literal
It is intended to be a basis for discussion and analysis — not a literal, linear process.
Steps are likely to be iterative, and some stages are repeated several times as case understanding emerges.
It is a useful model to help legal, IT, compliance, and business leaders to collaborate and use common vocabulary.
Image source: EDRM (

10. No perfect end-to-end eDiscovery suite
No single vendor delivers on the full spectrum of eDiscovery requirements, but several vendors come close.
Large vendors include EMC, HP, IBM, and Symantec.
Midsize vendors include AccessData, Exterro, and ZyLAB.
Partnerships and integrations are important.
Different buyers at different stages of the EDRM
Vendors will integrate or interoperate with other products across the eDiscovery spectrum.

11. Be proactive with information management
Enterprises with strong information management programs benefit from less costly and less time-consuming identification, preservation, collection, and review activities.
Technologies include repository- driven and policy engine approaches.
ECM suites, records management systems, archiving platforms, and information governance applications
Image source: EDRM (

12. ECM teams can leverage investments better

13. React to discovery orders with identification, preservation, and collection
Capabilities may already be part of information management systems.
Look for ability to use advanced search and content analytics.
Legal hold management is often a pure-play tool.
Connect and collect to a broad range of ESI.
Mobile, social, and cloud sources
Image source: EDRM (

14. Understand legal hold needs
ECM, RM, and many content- archiving systems provide features to “freeze” items subject to legal hold.
Typically managed by records or IT administrators
Hold management system monitor custodians, interviews, surveys, and processes.
Typically managed by the in- house legal team
Zapproved (Legal Hold Pro), LexisNexis, IBM, HP, and cicayda

15. Collect mobile, social, and cloud sources of ESI

16. Collect mobile, social, and cloud sources of ESI (cont.)
The rise of cloud-based content creation and collaboration tools present new eDiscovery challenges.
Salesforce Chatter, Yammer, Gmail, Jive Software, Box, and Office 365
Vendors are developing connectors to collect and monitor social and cloud content.
Actiance, Guidance Software, HP, and Smarsh

17. Collect mobile, social, and cloud sources of ESI (cont.)
Mobile devices are diverse, and BYOD exacerbates the problem as tablets and smartphone adoption diversifies.
, SMS, stored content, and messaging
Vendors with forensics technologies have an edge.
AccessData and Guidance Software

18. Search and analytic engines can mine unmanaged content sources
Data maps and information inventories can be generated using analytics.
Organizations can index, identify, and categorize content residing in file shares, abandoned SharePoint sites, or servers.
Find redundant, duplicate, and inactive content quickly, and flag for hold or safe disposal.
Vendors such as Exterro, HP (Autonomy), IBM (StoredIQ), Nuix, and Recommind

19. Assess case merits with identification, processing, analysis, and review tools
“Early case assessment” (ECA) allows in-house legal teams to use technology and data to make fast decisions.
Case scope and merits
Volume of ESI
Potential keywords, concepts, or custodians
Possible costs
Image source: EDRM (

20. ECM vendors address ECA via partnerships or acquisitions
Early case assessment applications extend identification, review, and analysis into repository-based systems.
EMC via Kazeon acquisition
HP via Autonomy acquisition
IBM via StoredIQ and PSS Systems acquisitions
Symantec via Clearwell Systems acquisition
OpenText via partnership with Recommind

21. Review and analysis platforms now marketed directly to enterprise buyers
Traditionally used by law firms and legal service providers
Vendors now address enterprise use cases.
eDiscovery becomes operationalized in large organizations in litigation-heavy industries.
Early case assessment fits here.
Human review of large sets of documents is expensive, time-consuming, and inefficient.
Ripe area for automation and repeatable processes

22. SaaS/hosted platform is the norm for review tools
Ensure sensitive materials are protected.
Perform due diligence on vendor data centers to ensure they meet required security standards or hold appropriate certifications.
Privileged materials or company IP may reside there for months or years.
Have a clear grasp of pricing models.
Per user? Per gigabyte? Per matter?
Annual or monthly subscription?
Service-level agreements for search — especially when case files reach multiple terabytes

23. Legal experts lead review, production, and presentation activities
“Right-hand side” of the EDRM typically outsourced to law firms or specialized service providers.
Processing includes deduplication and thread reconstruction.
Review tools enable tagging of relevant, privileged, or confidential content.
Technology-assisted review leverages content analytics and machine-learning tools to analyze large volumes of ESI.
Production includes conversion to TIFF or PDF.
Image source: EDRM (

24. Find efficiencies and develop consistent eDiscovery processes
Develop in-house knowledge and corporate memory to continually improve case assessment with analytics and review tools.
Reuse work done for previous matters.
Use technology to continually train and improve processes.
Detect content with similar concepts, keyword patterns, and automatically recognized privileged or confidential data.
Vendors include Catalyst Repository Systems, CloudNine Discovery, FTI Consulting, Ipro Tech, kCura (Relativity), Kroll Ontrack (eDiscovery.com), TransPerfect (Digital Reef), and Ubic.

25. Find efficiencies and develop consistency with review technologies
Develop in-house knowledge and corporate memory to continually improve case assessment.
Reuse work done for previous matters.
Use technology to continually train and improve processes.
Detect content with similar concepts, keyword patterns, and automatically recognized privileged or confidential data.

26. Agenda
eDiscovery rises in importance for IT.
Understand the electronic discovery reference model (EDRM), use cases, and vendors.
Information management as a foundation for eDiscovery
Q&A

27. Programs and alignment of people are the challenges

28. Confidence in ESI is not improving

29. Information strategy moves the needle from reactive to proactive eDiscovery
Source: July 15, 2013, “The Enterprise Information Management Barbell Strengthens Your Information Value” Forrester report

30. “ESI” includes structured and unstructured information
Source: July 15, 2013, “The Enterprise Information Management Barbell Strengthens Your Information Value” Forrester report

31. Take an enterprise approach to information management
Source: July 15, 2013, “The Enterprise Information Management Barbell Strengthens Your Information Value” Forrester report

32. EIM is the bedrock for solid eDiscovery
ECM vendors offer solid document and records management via repositories.
EMC, HP, IBM, MS SharePoint, and OpenText
Archive vendors are moving up the stack with better analytics and retention rules.
CommVault, Daegis, Global Relay Communications, Mimecast, Proofpoint, SilverSky, Smarsh, Sherpa Software, Symantec, and ZL Technologies
Policy engines apply rules outside of specific repositories.
HP, IBM, and RSD

33. What it means eDiscovery is a set of processes . . . not just one.
Consider chain-of-custody risk tolerance when making product choices.
Look at information management as a foundation upon which to build a proactive eDiscovery strategy.

34. Agenda
eDiscovery rises in importance for IT.
Understand the electronic discovery reference model (EDRM), use cases, and vendors.
Information management as a foundation for eDiscovery
Q&A

35. Cheryl McKinnon