As enterprise content that may potentially be evidence and therefore relevant to eDiscovery resides not only in conventional, structured storage like email and SharePoint, but also increasingly in social media, unmanaged share drives, external file sharing services and individual laptops, smart phones and tablets, Chief Information Officers (CIOs) in collaboration with General Counsel are now more interested than ever with more sophisticated and automated enterprise wide search, legal hold and collection.
Historically, legal hold, the legal process of identifying and protecting data that may be pertinent to a legal matter has been managed by the legal departments and outside counsel with little or no collaboration from the Information Technology (IT) departments nor utilization of any real sophisticated technology. In fact, most organizations still utilize Microsoft Excel spreadsheets and email to support their legal hold requirements. However, with the increasing volume of Electronically Stored Information (ESI) that is now created and stored in what was just a few years ago considered non-traditional and even fringe technologies such as the cloud, mobile devices, smart phones and social media, organizations are beginning to require IT departments and CIOs to take responsibility for legal hold and collection of potentially relevant evidence. As such, driven by more sophisticated requirements of the CIO, organizations are moving beyond utilizing Excel and email for legal hold and collections and are expecting technology that integrates into their overall IT infrastructure and provides real time monitoring and automated legal hold collection.
As a follow-up to the “2012 Study of Global 250 General Counsel on eDiscovery”, eDSG has been interviewing the CIOs from the Global 250 in an effort to understand and report on how they view, plan to support eDiscovery and plan to collaborate with their general counsel and their legal departments. Preliminary results indicate that 65% of the CIOs that participated in the eDSG study listed legal hold and associated collection of the identified ESI as a Top 10 Priority for the next 12 Months. The eDSG study also indicates that these same CIOs are very interested more sophisticated software technology to accomplish these goals such as:
- Distributed agent based technology
- Conceptual search
- Federated search
- Real time monitoring
- Integration with current IT infrastructure
Further, the eDSG study also reveals that 85% of the CIOs form the Global 250 are expecting large IT system and service providers such as IBM and HP to provide the necessary technology and consulting to address their integrated legal hold and eDiscovery related collection requirements. The eDSG study also revealed little or no name recognition for leading vendors from within the eDiscovery and Information Governance markets such as Exterro, Proofpoint and StoredIQ that provide some or all of the technology and capabilities on the CIO’s wish list.
- Exterro: Exterro, with its Fusion® Legal Hold solution, has been a leading provider of sophisticated legal hold software that integrates with current IT infrastructure and automates the legal notification processes for intelligent preservation. Exterro has also recently released significant enhancements to its entire integrated suite of eDiscovery software is rumored to be releasing additional enhancements over the next 12 months that will address the entire CIO wish list from the eDSG study.
- Proofpoint : Proofpoint, a leading Security-as-a-Service provider announced the release of the Proofpoint Enterprise Archive Content Collection™ option for the Proofpoint Enterprise Archive™ cloud archiving solution that extends Proofpoint’s powerful eDiscovery and legal hold capabilities beyond email to a wide variety of documents, located anywhere across the extended enterprise. Highly targeted content collection capabilities rapidly and accurately identify content — stored in repositories including desktop and mobile hard drives, shared drives, removable drives and Microsoft SharePoint — and enable organizations to easily manage and enforce legal holds on that content regardless of where it is initially located in the organization.
- StoredIQ: StoredIQ, a leading providing of active information management solutions that enable organizations to gain visibility and control over Big Data and rapidly connect people to business-critical information also provides a enterprise class legal hold solution for notification, tracking and audit. As an integral part of DiscoveryIQ, or as a stand-alone offering, users can follow an intuitive eDiscovery-based workflow for executing legal holds. Legal and IT users gain complete control and insight into the duty to preserve process with a reliable, repeatable, and auditable solution that seamlessly integrates hold notifications with the Early Case Assessment (ECA) and collection process. In addition StoredIQ also fulfills much of the distributed agent based technology and federated search that CIO’s from the Global 250 indicated was on their wish list for the next 12 months.
With the increasing volume of Electronically Stored Information (ESI) that is now created and stored in what was just a few years ago considered non-traditional and even fringe technologies, the CIOs of the Global 2000 are now much more interested in integrated legal hold and collection along with federal search. However, according to preliminary results from an ongoing eDSG study of the CIO’s from the Global 250, there doesn’t seem to be much name recognition for some of the leading eDiscovery vendors that already have technology to address many of the requirements that these CIOs have stated as, “on their wish list for the next 12 months”. It will be interesting to see if some of these vendors will figure out a way to get the attention of the Global 250 and Global 2000 CIOs and grab their share of this evolving market.
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