The courts are starting to understand the benefits of using Index Engines in the collection of ESI, especially from backup tapes. In the recent case, Goshawk Dedicated and Kite Dedicated v American Viatical (Case No. 1:05-CV-2343-RWS Document 506 filed 12/08/2009) the judge issued a report on the production of ESI in support of the case. The original collection was to be focused on approximately 1TB of online data, however the decision was made to perform this collection on backup tape. The reasons given were, “backup tapes (a) would provide a more direct and economical route to responsive ESI vs. searching the online data. (b) would entail considerably less business disruption. The court also went on to direct the use of Index Engines for the collection of ESI for this case.
The fact that courts are now mandating the use of Index Engines for collection of ESI from backup tapes versus online data show how far we have come with respect to the inaccessibility argument. In the past many cases have argued backup tapes are burdensome. Now we see cases where tapes are not cited as burdensome, but are in fact determined to be less burdensome and more economical when compared to online ESI collection.
Index Engines and Venio Systems recently announced their partnership aimed at delivering an
end to end EDRM e-Discovery solution. The combination of these technologies handles eDiscovery from the identification phase through the production phase of the Electronic Discovery Reference Model.
Index Engines and Venio Systems are complimentary solutions. Index Engines provides broad identification and collection capabilities, including support for extraction of content from backup tapes. Venio FPR provides best of breed early case assessment and review capabilities on data collected by Index Engines as well as their own ingestion tools. As such, we have developed a joint go to market strategy that provides a comprehensive EDRM solution. Prior to working with Index Engines, Venio Systems collection capability was limited to online data – backup tape data had to first be restored. Additionally indexing speeds were limited to 30 – 40 GB per hour. In partnering with Index Engines, Venio FPR can now support direct identification and collection of ESI from backup tapes without restoring the content, and also index large volumes of ESI at speeds up to 1TB/hour depending on the network environment. Index Engines will benefit from Venio FPR’s cutting edge early case assessment and review capabilities.
Index Engines and Venio Systems will partner on joint sales and marketing activity in order to promote the benefits of a comprehensive end-to-end EDRM platform. Read the full press release about this partnership here.
The eDiscovery industry is watching the burden argument erode. eDiscovery service providers are critical to the delivery of ESI to the courts, and must be prepared to perform ESI collection regardless of location. Saying that proprietary environments, such as backup tapes, are not accessible is quickly becoming a thing of the past. Legal teams that use this strategy are exposing themselves to sanctions and fines. Recent 2010 rulings are substantiating this.
First Judge Scheindlin found the plaintiffs in the University of Montreal pension fund case to be grossly negligent for lapses in the preservation and collection of responsive electronic documents. The Judge went on to order the collection of data from backup tapes to those plaintiffs that attempted to cite the burden argument. Read the full opinion here.
Just recently released was the opinion from the Starbucks vs. ADT Security case, where ADT attempted to use the burden argument citing $834,285 to collect five custodian mailboxes. The court found this claim exaggerated and declined to find the information at issue “not reasonably accessible” and ordered the production of the ESI.
The new white paper published by Jeff Fehrman of Integreon shows the real-world data behind this erosion. Performing discovery on the same set of tapes, first in 2005 and again in 2009, Integreon documents the differences in speed, time and cost, then vs. now. Considering the time consuming restoration and manual analysis need in 2005, the burden argument was a valid claim. This new white paper demonstrates that the implementation of discovery technology from Index Engines which nets a 50% savings in time and 75% savings in cost for the same tape discovery project. Integreon’s metrics illustrate that the burden has truly been undone, and why the arguments still claiming it are crumbling. Read the full Integreon White paper; E-Discovery for Backup Tapes: How Technology is Easing the Burden, here.
Craig Ball, noted forensics guru, just published an article in Law Technology News that caught our attention. In this article, The Lowdown on Backups, Craig states that backup tapes have a bad reputation stating, “Backup tape has long been the poster child for ESI deemed “not reasonably accessible… you can’t search backup tapes unless you restore them, and everyone knows it’s a slow, laborious and expensive task.” However since Index Engines has come into the picture Craig is taking the position that “sometimes backup tapes will be the easiest, most cost-effective source of ESI.”
What happened is Index Engines automated the process and eliminated expensive, time consuming tape restoration. Craig recognizes Index Engines contribution stating, “The most striking progress in working with data on tape is seen in tools such as those from Index Engines, which index and deduplicate tape on-the-fly.” Getting the word out is helping generate tape processing activity for Index Engines and our partners. With the new understanding that tape data is as accessible as online data, we are seeing the shift in the perception of historical backup tapes. As Craig states in the article, “we may have reached the point where backups are not that much harder or costlier to deal with than dispersed active data, and they’re occasionally the smarter first resort in e-discovery.” Read the full Law Technology News article here.
The LegalTech show in New York this week was a great event all around. The general consensus from everyone that we spoke with was that the eDiscovery market seems to be on the upswing from any sort of lull there may have been last year. The isles were crowded, the prospects were qualified and the conversations were serious.
And the hot topic or constant theme that we saw in the Index Engines booth was consistently, “Wow!” We heard more than once, “What can’t you do??” When telling folks what was new, about Index Engines full support for Lotus Notes, people voiced appreciation for how difficult a hurdle that was to clear. The news of Index Engines validated 1 TB/hr/node processing speed, again and again met with people asking, “How fast?”, “For full content indexing?” And then there were also the people who were encountering us for the first time. We demo’d the product for an eDiscovery service provider who was so excited about indexing his clients tapes, instead of outsourcing these projects, that he kept tripping over his words.
The concept of making data truly discoverable is Index Engines’ mission. The Unified Platform – LTN’s Best New Product for 2009 – is making that happen. The partners, prospects and even competitors who visited our booth at LegalTech this year, saw that true enterprise class information discovery is on the very near horizon.
At LegalTech in New York today, Index Engines is making two announcements. The first is around the platform enhancement which now includes full support for Lotus Notes email, and all unstructured data and email backed up with CommVault and UltraBac. Support for Lotus Notes joins already supported Exchange and internet based email. The list of supported backup formats now includes: Netbackup, BackupExec, TSM, ArcServe, Networker, NTbackup, CommVault and UltraBac. Read this announcement in full here.
The second announcement features the partnership between LECG and Index Engines. These two market leaders have entered into a partnership that will leverage LECG’s expertise with Index Engines marketing leading technology. LECG has chosen to implement Index Engines technology, the only solution that can collect data from backup tapes without costly restoration, and also process online data at speeds of 1TB, into their DC3 solutions. This combination of functionality and know-how will enable LECG customers to implement the best eDiscovery projects possible. Read the full press release here.
Visit Index Engines at LegalTech NY, Feb 1-3, 2010 at the Hilton New York Hotel (Avenue of the Americas and 53rd Street) in booth 2119 to see a live demo of the Unified Platform, winner of LTN’s Gold New Product of 2009, with Lotus Notes, CommVault and UltraBac support and to learn more about how Index Engines will be integrated into LECG’s DC3 solutions.
On January 11th in the case of Bank of Montreal Judge, Scheindlin issued a very important opinion. Judge Scheindlin’s opinion tie closely to the famous Zubulake case. In this event, the legal teams went into the case not prepared with the relevant ESI. The judge found them negligent – and ruled that if they cannot find data online in corporate networks they must to go to backup tapes. What this means for law firms or enterprises is to put more emphasis on ESI collection, including backup tapes, or face negligence fines down the road. Combine the weight of Schendlin’s opinion with Craig Ball’s most recent white paper, which proposed that backup tape might actually be the best place to conduct eDiscovery due to the tamper-proof nature, and what you have is a shift in the importance of tape discovery in the market. If the courts mirror Scheindlin’s sentiments, and eDiscovery experts adopt Ball’s beliefs, then tape is going to become a focal point for future eDiscovery. With new technology, such as Index Engines, making the search and collection of tape data, fast, easy and cost effective, it really is only a matter of time, until tapes are considered the next generation of legal hold.
Index Engines is preparing for the upcoming LegalTech show, Feb 1-3, 2010 at the Hilton New York Hotel (Avenue of the Americas and 53rd Street). We will be exhibiting in booth #2119 and demonstrating Index Engines Unified Platform, winner of the LTN Gold Award for Best New Product of 2009.
If you are interested in saving significant time and money related to data discovery and information management, contact Index Engines to meet with our executives at the show. Specifically, if you are spending large amounts of money storing backup tapes offsite, or committing hefty budgets to engage eDiscovery services providers, Index Engines technology and our partner network can help. Our ability to index data in backup formats and process online data at speeds over 1 TB/Hr/node enables litigation readiness like never before.
Index Engines will also be announcing major new functionality at LegalTech. For a private demonstration of the new capabilities and to discuss your specific need or application, contact Index Engines today.
In a recent Posse List interview, Tim Williams, CEO of Index Engines, discusses how technology is changing eDiscovery. He goes so far as to say that true data management will make eDiscovery, both as a market and as a practice, obsolete.
Tim outlines the functionality of the Index Engines Unified Platform that took home the LTN Gold award for Best New Product of 2009. This platform, allows access to all enterprise data, regardless of format or container, and does so at speeds that make the management of this data achievable. According to Williams, the concept of “discovery” implies that there is unknown data. If all data was throughly indexed and made accessible then the challenge of eDiscovery becomes unnecessary. Read the full Posse List interview with Tim Williams here and find out what else this industry visionary has to say.
In a recent article Chris Musico summarizes ESG’s report on the rise of in-house eDiscovery. Some interesting points from the Musico’s article and the report include:
• 22 percent of those surveyed actually have “e-discovery manager” titles, which the study states is a “reflection of the move in-house and importance of having a dedicated resource.” The increased trend of enterprises to have internal eDiscovery specialists shows where the market is headed.
• Companies aren’t just slapping titles on employees – they are laying out an increasing amount of money to bring particular e-discovery processes back in-house. The study reveals nearly 40 percent of respondents forecast a 20 percent or greater increase in e-discovery spending in 2010. Furthermore, 87 percent of those surveyed said they plan to budget for technology specifically supporting the e-discovery process next year.
• Seventy-three percent of respondents plan to bring all or some e-discovery processes back in-house in 2010. By focusing on the tasks and processes that can drive more cost savings, the logical next step is to internalize eDiscovery processes and leverage the technology for other IT initiatives as well.
• Consequently, the study found the top phase of e-discovery that respondents – 69 percent of them – plan to bring in house is processing/analysis, with identification/collection a close second (66 percent). Collection and analysis assume the vast amount of time and money. By handling at least a portion of these phases in-house the eDiscovery expense will be reduced.
Index Engines platform for rapidly indexing large amounts of stored data is instrumental for any enterprise transitioning eDiscovery to an in-house function. The investment in this market-leading technology is quickly justified when discovery services and secondary storage costs start to decrease. Voted LTN’s Best New Product for 2009, Index Engines enables in-house discovery, along-side other corporate initiatives such as storage assessment and records management. Index Engines offers powerful collection and identification capabilities, that this new class of enterprise eDiscovery managers would be well served to learn more about.