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Symantec eDiscovery Blog
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Matthew Nelson | 27 Jun 2014 | 0 comments

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Last week marked the release of the 4th annual Gartner Magic Quadrant for eDiscovery Software report. In the early days of eDiscovery, most companies outsourced almost every size-able project to vendors and law firms so eDiscovery software was barely a blip on the radar screen for technology analysts. Fast forward a few years and the enterprise ediscovery software market has ballooned to a $1.8 billion business in 2014 that is expected to grow to $3.1 billion by 2018.

Growth in the enterprise eDiscovery software business has increased steadily in recent years because most organizations have elected to manage much of the eDiscovery process internally rather than paying vendors and...

Chris Talbott | 04 May 2014 | 0 comments

This week at Symantec Vision 2014 in Las Vegas you will see the Project-X partnership kick-off between the Norton product line and X-MEN Days of Future Past.  Not to be out-done by X-Men, the eDiscovery team at Symantec is coding its own blockbuster storylines for this summer.  We’re working on the direction for the trailer. How do these sound?

“Now able to reach into the corners of the cloud universe, IT data archeologists extract the smoking gun email, barely meeting DOJ deadlines.”  Definitely an action and adventure flick. Maybe Harrison is willing to redeem that crystal skull disaster.

Or how about, eDiscovery administrators are finally free from case management captivity, return to the dating scene…” It has rom-com written all over it.

Or...

Matthew Nelson | 25 Apr 2014 | 0 comments

Contributing Author:  Adam Kuhn

2013 was a rough year for organizations struggling to secure their data. According to the recently published Internet Security Threat Report (ISTR), breaches increased 62% in 2013 and over 552 million identities were exposed. The list of companies experiencing data breaches reads like a “who’s who” of the business world and given the growing sophistication of cyber-criminals, there does not appear to be an immediate end in sight.

The cost of data breaches is astounding. A recent study by the Ponemon Institute estimates that data breaches cost US organizations an average of $5.4...

Matthew Nelson | 20 Dec 2013 | 2 comments

United States District Court Judge for the Northern District of Indiana, Ronald J. Miller, recently addressed what has arguably become the hottest predictive coding issue since Judge Andrew J. Peck’s February 2012 order in Da Silva Moore v. Publicis Groupe. The issue is whether or not parties who use predictive coding technology to assist with document productions should disclose the non-responsive documents used...

Zachary Bosin | 18 Dec 2013 | 0 comments

Symantec is pleased to announce the release of the Clearwell eDiscovery Platform version 7.1.4.  With this release, Clearwell now offers advanced audio processing, search, and review capabilities to drastically accelerate audio discovery efforts. In addition to supporting over 400 file types for electronic discovery, these new capabilities leverage a powerful phonetic engine that can index up to 20,000 hours of recorded audio per day.

Users start the phonetic search workflow by processing audio files and automatically developing an audio search track that is comprised of all the component phonemes present in a given recording.  Phonemes are the small components of sound that make up each word.  Each audio search track is then cataloged in the time-aligned phonetic index which can be searched by reviewers.

Reviewers can search using words and phrases or they can use special operators, such as time-based proximity to other content, to yield the most...

Chris Talbott | 11 Dec 2013 | 0 comments

We’re quickly approaching another milestone in the epic implementation of the Commodity Futures Trading Commission (CFTC) rules associated with the Dodd Frank Wall Street Reform and Consumer Protection Act (DFA); the expiration of a very contentious exemptive order that provided relief to cross border swap dealers (SD) and major swap participants (MSP) and foreign groups of US SDs and MSPs. If you follow the heated debate between Wall Street and the CFTC it is quite fitting that the order happens to...

Matthew Nelson | 30 Oct 2013 | 0 comments

Readers may recall last year’s expensive battle over the use of predictive coding technology in the 7th Circuit’s Kleen Products case. Although the battle was temporarily resolved in Defendants’ favor (they were not required to redo their production using predictive coding or other “Content Based Advanced Analytics” software), a new eDiscovery battle has surfaced this year between Plaintiffs and a non-party, The Levin Group (“TLG”).

In Kleen, Plaintiffs allege anticompetitive and collusive conduct by a...

Matthew Nelson | 30 Sep 2013 | 0 comments

One of the hottest information technology (IT) trends is to move data once stored within the corporate firewall into a hosted cloud environment managed by third-party providers. In 2013 alone, the public cloud services market is forecast to grow an astonishing 18.5 percent to $131 billion worldwide, up from $111 billion in 2012. The trend is driven largely by the fact that labor, infrastructure, and software costs can be reduced by sending email and other data to third-party providers for off-site hosting. Although the benefits of cloud computing are real, many organizations make the decision to move to the cloud without thoroughly weighing all the risks and benefits first.

A common problem is that many corporate IT departments fail to consult with...

Matthew Nelson | 29 Aug 2013 | 1 comment

A prominent federal judge wasted little time to air her dissatisfaction with the proposed amendments to the Federal Rules of Civil Procedure (Rules) the exact day the period for public comment on the Rules opened. In lieu of following the formal process of submitting written comments to the proposed amendments the Honorable Shira Scheindlin, Federal District Court Judge for the Southern District of New York, provided her feedback in more dramatic fashion. She went out of her way to blast newly proposed Federal Rule 37(e) in a footnote to a recent court order in a case where she sanctioned a party for spoliation of evidence...

Matthew Nelson | 07 Aug 2013 | 0 comments

Confusion about establishing a legally defensible approach for collecting data from computer hard drives during eDiscovery has existed for years. The confusion stems largely from the fact that traditional methodologies die hard and legal requirements are often misunderstood. The most traditional approach to data collection entails making forensic copies or mirror images of every custodian hard drive that may be relevant to a particular matter. This practice is still commonly followed because many believe collecting every shred of potentially relevant data from a custodian’s computer is the most efficient approach to data collection and the best way to avoid spoliation...