Choosing a software provider: Incumbent vs. Challenger

•April 4, 2012 • Leave a Comment

In the fast-changing and competitive technology market, every technology company tries to provide the most advanced version of whatever product they offer. As a result, technology companies continuously update, upgrade and even produce new products to encourage repeat and continuous use of a brand by current customers and to attract new customers. Evaluating the incumbent company and its product offerings versus the challenger company and its product offerings can be likened to comparing incumbent and challenger political candidates. A voter’s evaluation is based upon (1) the strength of his/her party identification; (2) his/her education; (3) contact from the party or candidate; (4) general political knowledge and (5) ideological proximity to the candidate. A law firm’s technology decision is based upon one or more of the following parallel considerations: (1) the strength of his/her brand loyalty; (2) the learning curve and other associated switching costs; (3) the expertise of customer support; (4) the degree of understanding of the product; and (5) the goal of the purchasing decision.

Loyalty to the Incumbent

The strength of loyalty to an incumbent company and its products is often correlated to the perceived costs and benefits of switching to the challenger company and its products. When the incumbent company and its products have a historically sound reputation for quality and dependability, especially as compared to a new company and/or new product entrant, pre-switching costs involving the time and efforts of searching and evaluating available alternatives are too high – at least until the new company and/or new product establishes itself as a viable alternative. The more complex the products involved the less likely that the new company/new product can match the quality of the incumbent in the short term.

The Learning Curve

In addition to pre-switching costs, it is important to consider post-switching costs. After switching, the consumer must learn how to use the new product. The longer a consumer has used a particular product, the less willing s/he is to adjust to a new alternative. However, when comparing a new incumbent product and a new challenger product, the learning curve with a new incumbent product is usually less costly due to the incumbent’s understanding of its previous product and in depth insight into how its new product is the same and how it is different from the old product. Training based upon such a comparison results in a smaller learning curve than would be present in the absence of such a reference point. The learning curve is influenced by the quality of training.

Expert Customer Support

Due to a myriad of factors including staff turnover as well as the ongoing introduction of new features and functions, the availability of expert customer support and refresher training insures that a firm will be able to use the product most effectively and efficiently at all times. The customer support personnel should not only understand how the product works but the reason and purpose of each feature/function in order to best relate and accurately respond to customer inquiries. An incumbent company is more likely to have more expert customer support due to their years of experience in the industry. A challenger company could most closely match such support by hiring industry professionals.

Product Knowledge and Appreciation

The expertise of those involved in the decision making process is critical. If those making the ultimate purchasing decision are not users of the product itself, it is important that they seek input from those that are more familiar with the features and benefits needed to meet the particular needs of the purchasing firm. Otherwise, the purchaser may mistakenly believe that two competitive products are identical and/or either will fully meet the needs of the firm when, in fact, one does and one does not. It should be noted that needs can vary from location to location within the same firm.

Purchasing Decision Goals

In making purchasing decisions, law firms manage and balance financial costs with liability risk. In order to do so, they must remember to consider not only price but also switching costs and product quality. A new company may charge a low price to attract customers and usually eventually increases the price to stay in business. In response, an incumbent company may lower or maintain price. Some firms may be willing to pay more to the established company to avoid perceived risks associated with switching to an unproven challenger’s product.

Summary

Consumers value a product more highly the more other consumers buy it and experience success with it. Competition between the incumbent and the challenger motivate both to offer products that best meet the customer needs and expectations. By considering multiple criteria when evaluating new technology options, law firms will ultimately minimize risk and increase efficiency.

About the Author: Rosemary G. Milew is the Vice President of Sales & Marketing at the Law Bulletin Publishing Company. The Law Bulletin Publishing Company publishes a variety of legal and real estate publications as well as provides a number of legal software tools to help attorneys manage and grow their practices. Prior to joining Law Bulletin, Ms. Milew spent over a decade at a major legal publisher focusing on the law firm and law school markets. She received her J.D. from Loyola University of Chicago and her M.B.A. from Northwestern University’s Kellogg School of Management.

This article appeared in the Legal Technology Update published by Law Bulletin Publishing Company in April 2012 and is reprinted by permission. The LTU is a supplement to the Chicago Daily Law Bulletin® and Chicago Lawyer magazine®.

Law Bulletin Publishing Company Integrates CalendarRules with its New JuraLaw Web-Based Case, Calendar and Docket Management SaaS

•March 29, 2012 • Leave a Comment

CHICAGO – March 29, 2012 –Law Bulletin Publishing Company (LBPC) announces that it has integrated CalendarRules with its new JuraLaw web-based software-as-a-service (SaaS).  JuraLaw allows law firms to efficiently and cost effectively manage cases and associated calendars and dockets.  The integration between CalendarRules and JuraLaw will enable firms to automatically create calendar events based on court rules from across the nation.

The inclusion of CalendarRules in JuraLaw will provide a combination of federal, state, appellate, bankruptcy and agency rules in over 30 states, including:  AZ, CA, CO, CT, DC, DE, FL, GA, IA, IL, IN, KS, LA, MA, MD, MI, MN, MO, NC, NU, NM, NV, NY, OH, OK, OR, PA, TX, UT, VA, WA, WI, and WY.

Launched today and showing today and tomorrow at the ABA TECHSHOW in Chicago (booth#206), JuraLaw manages the entire lifecycle of the litigation process, providing a single integrated system that provides court rules from across the nation and offering unmatched coverage and accuracy in tracking Illinois court calls.

“Law Bulletin is pleased to provide a national case calendar and docket management solution through JuraLaw and our alliance with CalendarRules,” said David Glynn, Vice President, Docket Management Technologies for LBPC.

LBPC’s VP of Sales & Marketing Rosemary Milew commented, “The ability to provide a national product like JuraLaw offers most law firms the opportunity to improve efficiency, decrease risk and reduce costs by operating with one centralized case, calendar and docket management system.  With the addition of court rules from CalendarRules, firms with offices across the country can now potentially consolidate, standardize and integrate all of their case, calendar and docket management needs into a single, complete solution – JuraLaw.”

CalendarRules founder and CEO G. Scott Davis remarked, “Law Bulletin’s dominance in the Chicago docketing space has been clear and convincing.  JuraLaw is brilliant; they are taking what brought them that dominance, combining it with the latest and greatest SaaS technologies, including our court rules, and delivering a solution that can address national requirements.  We are honored and excited to be working with them to court rules-enable JuraLaw.”

For more than 25 years, LBPC has been a trusted provider of docket management software.  DM2000, JuraLaw’s predecessor, has been used by 96 of the top 100 Chicago law firms.  The company’s experts have a combined 120 years of proven experience in proofing, verifying, correcting and formatting court data to ensure the information is accurate and up-to-the-minute.

Availability and Pricing
JuraLaw is generally available to current and new customers on a subscription basis.  Clients currently using DM2000 can easily export their data over to JuraLaw at no cost.  The CalendarRules integration is automatically available to JuraLaw customers.  Customers can choose to subscribe to rules for specific jurisdictions at an additional charge.  Purchase of multiple rule sets will result in a significant discount.  For more information about JuraLaw features and pricing, email lbinsales@lbpc.com.

About Law Bulletin Publishing Company
Since 1984, Law Bulletin Publishing Company (LBPC) has been a legal software provider, having produced the DM2000 docketing system and now introducing JuraLaw case management, a calendaring and docketing web-based software-as-a-service.  Founded in 1854, LBPC provides a wide variety of legal and real estate publications, including the Chicago Daily Law Bulletin® newspaper, the Chicago Lawyer® magazine, Sullivan’s Law Directory and a number of other regional legal and real estate publications and blogs.

For more information, visit www.juralaw.com or follow us on:
- Facebook: http://on.fb.me/GSfL3P
- LinkedIn: http://linkd.in/GObOKI
- Twitter: http://bit.ly/GUWIVm
- Google+:  http://bit.ly/GSK0d4

About CalendarRules
Founded in 2008, CalendarRules, LLC merges the latest web and cloud computing technologies with court rules content from all over the United States to deliver court rules to calendars of all types.  Over a thousand lawyers currently rely on CalendarRules’ court rules from coast to coast and anywhere in between.  CalendarRules currently offers state, federal, appellate, bankruptcy, and agency rules in over 30 states.  The list of covered states grows every month, based on demand.  For more information, call (415) 997-8537, or visit www.calendarrules.com.

ABA TECHSHOW 2012 Preview

•March 28, 2012 • Leave a Comment

The ABA TECHSHOW begins tomorrow (Thursday, March 29th) and runs through Saturday at the Chicago Hilton – 720 South Michigan Ave. The Expo will be open on Thursday from 9:30 a.m. to 6:30 p.m. and on Friday from 9:00 a.m. to 3:00 p.m.  This is Chicago’s only major legal technology show and a worthy visit. The educational sessions are comprehensive and can be downright fun – this year’s “tablet wars” and “smartphone wars” will be a highlight. Ben Stein is the keynote speaker if you’re looking to be cheered up :( .

As per LexTekReport’s etiquette, we have outlined some of the vendors who will be delivering new and enhanced products at the show.  Don’t forget to check out the posting of the results of our 5th Annual eDiscovery Survey by Tom O’Connor – that always coincides with the TechShow. To read more about TECHSHOW and download the new TECHSHOW app, visit the TECHSHOW Website.

JuraLaw/Law Bulletin Publishing Company – Booth 206

Law Bulletin will roll-out JuraLaw, their new case calendar and docket management product at the ABA TECHSHOW. JuraLaw allows law firms to efficiently and cost-effectively manage cases and the calendars and dockets associated with them in a single legal software product. The web-based SaaS product offers a law practice management solution that not only manages cases, but also integrates critical law firm data with calendar events, court dockets, court calls and court rules. This legal case management software protects against “dismissed for want of prosecution” and legal malpractice claims by keeping a firm’s lawyers on track for important deadlines and on time for court appearances. JuraLaw offers the most experienced and extensive support and the most comprehensive and secure technology available. Since 1984, 96 of the top 100 Chicago law firms have come to depend upon Law Bulletin for their docketing needs with the predecessor product, DM2000. More info at JuraLaw.com.

Digomé – Booth 716

Digomé is launching its Barrister mobile app at TECHSHOW. The Barrister App gives firms and practitioners of any size the fastest and easiest way to brand their law firm and more importantly affords them a more streamlined and intuitive way to communicate with their clients. The multi-featured app gives firms the ability to provide clients with direct access to their pertinent contact info, attorney bios, areas of expertise and messaging capabilities. Barrister app firms will be listed in the Apple, Android and BlackBerry stores and enable clients to interact with them via mobile devices including iPhones, iPads and BlackBerry devices.  For a free Barrister App trial and to enter to win iPads and other prizes, please visit Digomé at booth 716.

MyCase – Booth 314

San Diego-based MyCase, a social practice management™ platform for legal professionals, is unveiling two major product announcements during ABA TECHSHOW this week: 1. MyCase Draft, a word processor and document generation tool that lets you create and edit documents from within MyCase; create document templates, and with the push of a button, merge those templates with existing and custom fields. MyCase Draft also lets users share these documents among clients and staff, manage multiple versions, and enable users to make changes and updates. 2. The MyCase App Bar leverages MyCase’s sharing and collaboration features to provide one-stop access to system features as well as popular third party apps. Realizing that most legal professionals are spending more and more time in their practice management system, the development goal was to bring all the other fragmented pieces of the firms’ workflow into the MyCase system via an App Bar, giving them a central location to accomplish their tasks. Apps being developed for the MyCase app bar include Outlook Sync, Google Sync, a variety of social media apps such as twitter as well as popular vendor offerings including depositions and court rules. TECHSHOW attendees can check out MyCase and the new features and functionality at booth 314.

Rocket Matter – Booth 512

Rocket Matter is rolling out their new API, one-touch integration with the popular automatic time-tracking tool Chrometa™ and our Ledes98 billing feature with ABA task codes. They’ll be giving away a free copy of their new book, The Law Firm of Tommorrow, to the first 200 visitors.

Special TECHSHOW offer from a non-exhibitor…

Affinity University

Affinity University is the go-to resource for online training on the legal software legal professionals use every day including practice management, time/billing/accounting, document management, and the Microsoft Office Suite of products, including Word, Excel, Outlook, and PowerPoint.  Affinity Consulting Group’s certified experts and technology consultants focus their training specifically on real world tips and tricks and offer 20-30 live webinars/month and maintain an archive of 30+ on demand courses. New live and on-demand classes including new versions of Word and Outlook are available at a TECHSHOW promotional rate [promo code Techshow2012]. The promo provides a 30% discount for the entire month of April off all live (regularly $99) and on-demand ($119) courses. Anyone interested in legal technology training or specifically the TECHSHOW offer can register with the promo code at www.affinityuniversity.com.

See you at the TECHSHOW.  Follow us closely for updates throughout the show.

Law Bulletin Launches JuraLaw

•March 28, 2012 • Leave a Comment
Law Bulletin launches JuraLaw

Photo by Ben Speckmann
Dorothy Tressler, a docket manager at Locke, Lord LLP, and Scott Allers, a docket manager at Dykema, Gossett PLLC, talked about how they use Law Bulletin Publishing Co.’s DM2000 and how they anticipate the new Law Bulletin product, JuraLaw, will help them.

March 27, 2012

By Robert Loerzel
Special to the Law Bulletin
This article appeared in the Chicago Daily Law Bulletin® and has been republished on LexTekReport.com with permission

After at least 25 years of helping Chicago law firms manage their court calendars with the DM2000 software program, Law Bulletin Publishing Co. moves into the next generation of software.

The company (which publishes the Chicago Daily Law Bulletin) will launch a new Web-based SaaS program called JuraLaw this week at the American Bar Association’s Techshow Conference and Expo.

“Our goal with JuraLaw is to provide a Web-based single-source solution for a law firm,” said David S. Glynn, vice president of docket management technologies for Law Bulletin Publishing Co. “With JuraLaw, law firms can manage cases, calendars and dockets in a single legal software product.”

Unlike DM2000, which the company installed on computers at law firm offices, JuraLaw will be accessed by logging into a website.

“It’s completely Web-based, so there’s no need to install any client-end software or database,” Glynn said. “The only requirement is a Web browser.”

JuraLaw will replace DM2000, which 96 of the top 100 Chicago law firms use. DM2000, which Law Bulletin introduced in 1984, will be discontinued once law firms switch over to JuraLaw.

Bryan M. Sims, a Naperville lawyer who writes about technology for law firms on his blog, theconnectedlawyer.com, said Law Bulletin Publishing Co.’s move toward Web-based software as a service is part of a trend in the legal profession.

“Probably the biggest move is … getting a lot more services as a SaaS rather than a traditional program on your computer,” he said.

The new features in JuraLaw include constantly updated court rules for other states. For jurisdictions that use a rule-based system, JuraLaw uses a trial date for instance to calculate when the other events in a case are to be scheduled.

“Let’s say you have a trial in Los Angeles,” Glynn said. “You put in the word ‘trial’ in a particular jurisdiction. It will populate all of the events that will be associated with that trial into calendar events and (the law firm) can choose to accept or reject them.”

“We only covered Illinois prior to this,” said Rosemary G. Milew, vice president of sales and marketing for Law Bulletin Publishing Co. “Now, we’ll cover states across the nation. This decision was based upon the demand of our customers, who prefer to have only one integrated docket-management system in their firms that are now more national in scope.”

Two docket managers in Chicago, Dorothy Tressler at Locke, Lord LLP and Scott Allers at Dykema, Gossett PLLC, said DM2000 has been an essential tool for their firms, minimizing schedule mistakes while creating searchable historical archives of all the clients and cases their firms handled over the years.

“(DM2000) has been very good,” Allers said. “Chicago attorneys love the Law Bulletin system.”

“It’s much better than anything else,” Tressler said.

Extensive and accurate Illinois court call information is not readily available anywhere other than the DM2000 software and the Chicago Daily Law Bulletin — and now, JuraLaw, Glynn said.

“We are able to take lawyers’ cases and match those case numbers against upcoming calls at both the local county circuit courts and the federal courts in Northern Illinois,” he said.

“JuraLaw will be available to current and new customers on a subscription basis,” Milew said. “The new court rule sets will be available for an additional fee.

“Multiple-year flat-rate contracts will be available too.”

Law Bulletin touts the quality of its federal, state and county court call information for the Chicago area.

“It really requires keeping the content up to date — sometimes by the minute,” Glynn said. “That ranges from the Supreme Court all the way down to the lowest court on the Illinois side.”

Law Bulletin experts, with at least 120 years of combined experience, proof, verify, correct and format the data before it is released via DM2000 — and now JuraLaw. Docket managers communicate the relevant information to attorneys via customized reports that they can generate from Law Bulletin’s docket management programs. JuraLaw includes an option for lawyers to receive e-mail alerts as deadlines and court dates approach.

Tressler and Allers praised the customer service they’ve received over the years.

“I’ve always had very good dealings with Law Bulletin,” Allers said.

Tressler said she looks forward to using the Web to access JuraLaw.

“I think it’s great because I can even do it from home,” Tressler said.

Glynn said law firms are “very concerned about security” when it comes to storing their case information in a system such as JuraLaw. JuraLaw offers the most experienced and extensive customer support and the most comprehensive and secure technology available in the market today, he said.

Firms with DM2000 have built up detailed databases, which they can transfer into JuraLaw.

“They have years and years of historical information in DM2000,” Glynn said. “We’ll be converting all of that information over to the new product — seamlessly.”

About Jura Law

For those interested in learning more about JuraLaw:
Online: www.JuraLaw.com
Twitter: @GetJuraLaw
Social Media: Facebook, Google+, LinkedIn
Phone: (312) 644-7800
E-mail: lbinsales@lbpc.com

5th Annual eDiscovery Survey Shows Market Maturing

•March 27, 2012 • Leave a Comment

By Tom O’Connor
Director, Gulf Coast Legal Technology Center

Overview

The Law Bulletin Publishing Company has just conducted its 5th Annual eDiscovery and Technology Survey of Illinois attorneys. 185 respondents replied to the survey, nearly double last year’s number. 140 of the respondents were identified as attorneys, the remainder were made up of docket professionals, paralegals, litigation support managers, IT, firm administrators and librarians. This year’s survey asked 28 e-discovery specific questions regarding experience with e-discovery matters, vendors and products with the final question asking for their thoughts on the most important issues facing them in this ever-increasing area of practice.

Who’s Who?

The attorney-respondents to the survey represented a good cross-section of practitioners, with the majority of respondents being in private practice (69%, roughly the same as 70% last year) 9% in government practice (up 1% from last year) and 11% in corporate practice, up 2% from last year. The remainder was in a variety of administrative, teaching or public service roles.

Type of Organization

Of the private practitioners, 19% were in a solo practice (up 1%), with a dramatic jump in respondents in firms between two and twenty attorneys at 41% compared to 12% last year. Firms between 20-50 were at 10% (down 2%) but there was a dramatic increase from 12% to 29% in respondents from firms over 50 with firms over 300 representing 14% of the total. This gives us a very balanced set of answers from both small and large firms.

Roughly one third of the attorney-respondents were partners (32%) with 12% being associates and 10% in-house counsel, up from last years 4%. Once again, the number of nonattorneys responding increases, from 25% to 29%, giving a roughly even number of partners or solos and non-lawyers, including IT managers, practice managers, paralegals, claims examiners, law students and even document reviewers.

eDiscovery Initiatives

In a departure from the results for the past two years, the answers to the very first question show a marked increase in awareness of educational efforts in the e-discovery space. While only 17% of respondents were familiar with the EDRM project (up from 13% last year and 7% in 2010), 54% knew about the Sedona Project (more than double the 23% and 24% of the past two years) and 13% had heard of the Georgetown ED Academy. (10% last year) And 80% were familiar with the 7th Circuit ED Pilot Project which has been underway in Chicago for two years, close to double from last year’s 41%.

Still troubling however was the fact that more respondents skipped this question than answered it: 95 to 91!

eDiscovery Activities

Despite a stated overall unfamiliarity with the EDRM project, respondents displayed not only a high source of knowledge with the components of that project, but markedly higher numbers than last year. 51% felt they were familiar with identification (up from 36%), 54% with collection (up from 41%), 43% with processing (up from 36%) and 51% with review (also up from 36%).

In addition, 75% felt they were familiar with litigation hold requirements, nearly double last year’s response of 41%, while 51% were familiar with early case analysis (up from 39%) and 64% with the meet and confer process (up from 35%).

And with regards to meet and confer sessions, in a reversal of last year’s results, more said they felt the sessions reduced the amount of eDiscovery handled in a case than not (28% to 18%) but the majority (53%) still said they did not know.

Reference Sources

Those figures seem to belie the common perception that eDiscovery is a high cost, big case area of practice. In fact, like most legal work in the U.S., the majority of cases and costs appear at the low end of the cost range. Social media dropped from 10% to 5% but RSS feeds took an enormous jump from 5% to 42%. Consultants improved slightly from 9% to 13% but CLE made a slight recovery with 3 responses.

The overall use of electronic sources seems to have leveled off with the majority of respondents referring to specific websites such as the Chicago Daily Law Bulletin® followed by sites from professional organizations such as the ABA, Illinois Bar and Chicago Bar Associations. Direct email feeds took an enormous leap as people seem to be leveraging available technologies for direct feeds of information rather than web surfing themselves.

But traditional methods of gaining legal knowledge such as print media, reading cases or statutes and attending conferences and CLE events have actually increased from last year’s totals and seem to have reemerged as strong sources of legal information.

How Much Is That Case Worth?

When asked specifically about matters involving eDiscovery, 49% answered that they had handled an eDiscovery case. This is down slightly from last year’s 52% and in my opinion continues to reflect the high number of non-attorneys answering the survey.

31% said that their ED caseload had increased from last year, slightly up from last year’s 26%. 35% of those had a matters valued under $100,000 with another 28% with cases valued between $100,000 and $1M. But for those who had cases, 64% spent less than $50,000 on ED services with another 28% spending between $50,000 and $1 million.

Those figures seem to belie the common perception that eDiscovery is a high cost, big case area of practice. In fact, like most legal work in the U.S., the cases and the costs appear at the low end of the cost range.

Methods and Services

This year’s results show that performing eDiscovery work inhouse has jumped dramatically. 46% of respondents are doing in-house processing (23% last year) while 61% are doing in-house document review (30% last year). A more specific breakdown of in-house tasks shows that on the technical side, 51% are now doing collection themselves (29% last year) while 59% performed redactions as part of the review process (35% last year). The number doing deduping dropped slightly from 12% to 11%.

On the non-technical side, 45% engaged in some form of overall ED project management (29% last year) while 61% performed privilege review in-house (27% last year) and 27% performed Early Case Analysis (22% previously). 35% now rely on an outside service provider compared to 16% in 2011 while the hiring of an independent consultant took an enormous jump from 7% to 27%

And the choice of outside service providers continues to be widely diversified. Of the 26 named providers, only six had double digit responses. DTI had 19%, Kroll 17%, Clearwell 15%, Ipro and Applied Discovery 13%, and Stratify 11%. The greatest response to the outside service provider question? ‘Others’ at 51%. But it is important to note that this question, like several others, had more non-responses than answers by a wide margin: 132 to 53.

Software of Choice

Just as with the choice of service providers, the selection of software continued to show diversity. Interesting both Concordance and Summation increased their response share from 18% and 20% to 52% and 38% respectively, approaching their numbers from the 2010 poll which also included more large firm respondents. They were followed by Relativity at 23% (somewhat surprising given their location in Chicago) CaseLogistix at 16% and the tandem of Ipro and Clearwell at 13%. As with service providers, the ’other’ choice was popular at 29%.

On the Web

Another sign that the large firm respondents influenced results was the return of a high (65%) affirmation of the use of a web-based application to host their eDiscovery documents. As with the products mentioned above, no single product dominated the responses although Relativity showed a strong home field advantage at 37%. Lexis Nexis’ FYI and iConnect also returned to strong showings with 23% but the ‘other’ choice was still second best at 34%.

Once again this year the numbers reflect a diverse use of products and lack of clear market domination by any one product.

Most Important Issues Regarding eDiscovery

Several questions asked about the scope of the eDiscovery process. The answers to almost all took large jumps. When it came to simplifying that process, 40% stated they would like to see the processing stage simplified compared to 23% last year while 44% would prefer to see collection made easier compared to 22% last year. Changes to review went from 11% to 38% and identification from 12% to 31% while ECA moved from 20% to 29%.

Processing cost was once again the number one concern of respondents but as with last year’s survey it was not a dominant response (31% to 25%, down from 44% in 2010) and it was tied at that number with education, up from 12%. They were closely followed by review cost at 26% (up from 18%) then collection issues at 19% (down 1% from last year) and judicial decisions at 14%. Predictive coding and concept searching both came in under 10%.

Conclusion

eDiscovery has clearly matured into a well-perceived part of the litigation process. It continues to cut across all the legal demographics of firm size and case values. Attorneys with small cases continue to play a large role in the eDiscovery discussion. Case decisions and ED-specific rules have become a much larger part of the landscape and more firms are turning to full service vendors for support, but no single service provider is dominating the market in Illinois as the market has become even more diverse and stratified.

Well known products such as Summation and Concordance continue to see their market share erode, both by other desktop products and the continued use of web-based applications. Cost continues to be a major consideration in eDiscovery. Attorneys are increasingly more concerned about the technical aspects of the process such as procedures for collection and processing.

Still a significant number of lawyers continue to remain unfamiliar with the requirements and characteristics of electronic discovery. Education remains a top concern of attorneys and the coming year will see more and more solutions to that need.

Tom O'Connor of LEDI

Tom O’Connor

About the Author: Tom O’Connor is the Director of Professional Services at Avansic, Inc. Tom is a nationally-known consultant, speaker and writer in the area of computerized litigation support systems. His involvement with large cases led him to become familiar with dozens of software applications for litigation support and he has both designed databases and trained legal staffs in their use of eDiscovery tools. Tom is the author of The Automated Law Firm, a guide to computer systems and software published by Aspen Law & Business and The Lawyers Guide to Summation, published by the American Bar Association.

eDiscovery Best Practices: Google’s Blunder Keeps Them Under the (Smoking) Gun

•February 22, 2012 • Leave a Comment

eDiscovery Best Practices: Google’s Blunder Keeps Them Under the (Smoking) Gun

February 21, 2012

By Doug Austin
CloudNine Discovery

Reposted by permission from eDiscovery Daily Blog.

As we noted back in November, a mistake made by Google during discovery in its lawsuit with Oracle could cost the company dearly, perhaps billions.  Here’s a brief recap of the case:

Google is currently involved in a lawsuit with Oracle over license fees associated with Java, which forms a critical part of Google’s Android operating system.  Google has leveraged free Android to drive mobile phone users to their ecosystem and extremely profitable searches and advertising.

Despite the use of search technology to cull down a typically large ESI population, a key email, written by Google engineer Tim Lindholm a few weeks before Oracle filed suit against Google, was produced that could prove damaging to their case.  With the threat of litigation from Oracle looming, Lindholm was instructed by Google executives to identify alternatives to Java for use in Android, presumably to strengthen their negotiating position.

“What we’ve actually been asked to do (by Larry and Sergey) is to investigate what technical alternatives exist to Java for Android and Chrome,” the email reads in part, referring to Google co-founders Larry Page and Sergey Brin. “We’ve been over a bunch of these, and think they all suck. We conclude that we need to negotiate a license for Java under the terms we need.”

Lindholm added the words “Attorney Work Product” and sent the email to Andy Rubin (Google’s top Android executive) and Google in-house attorney Ben Lee; however, Lindholm’s computer saved nine drafts of the email while he was writing it – before he added the words and addressed the email to Lee.  Because Lee’s name and the words “attorney work product” weren’t on the earlier drafts, they weren’t picked up by the eDiscovery software as privileged documents, and they were produced to Oracle.

Judge William Alsup of the U.S. District Court in Oakland, California, indicated to Google’s lawyers that it might suggest willful infringement of Oracle’s patents and despite Google’s motion to “clawback” the email on the grounds it was “unintentionally produced privileged material”, Alsup refused to exclude the document at trial.  Google next filed a petition for a writ of mandamus with the U.S. Court of Appeals for the Federal Circuit in Washington, D.C., seeking to have the appeals court overrule Alsup’s decision permitting Oracle to use the email as evidence in the trial.

On February 6, the Federal Circuit upheld Alsup’s ruling that the email is not privileged, denying Google’s mandamus petition. Observing that the email was written at the request of Google’s co-founders, Larry Page and Sergey Brin (who are not lawyers) and did not refer specifically to legal advice or the senior counsel’s investigation, the appeals court rejected Google’s petition.

As we noted before, organizing the documents into clusters based on similar content, might have grouped the unsent drafts with the identified “attorney work product” final version and helped to ensure that the drafts were classified as intended and not produced.

So, what do you think?  Could this mistake cost Google billions?  Please share any comments you might have or if you’d like to know more about a particular topic.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine Discovery. eDiscoveryDaily is made available by CloudNine Discovery solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscoveryDaily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

Global Warming at LegalTech NYC 2012

•February 1, 2012 • Leave a Comment

Normally it’s snowy and crummy in NYC during the LegalTech Show.  In fact, last year, many of us were snowed in and could not return home for a day or so.  This year the theme is global warming – both inside and outside.  This morning it’s rainy, but a balmy 52°.  Inside the exhibit hall at LegalTech it’s much more tropical due to all the warm bodies running around, vendors busking, deals being made, and all the smart phones heating up the hall.  I’ve almost collided with several people who were engrossed with email and texting and most importantly, using several of the LegalTech exhibitor’s mobile applications.

Christine Musil of Informative Graphics Incorporated told me that they were focusing on big screen, medium screen and small screen.  I should have asked her to super size me.  She showed me ICG’s latest mobile app, Brava, that allows one to download a document, image or other object and have everyone who’s involved in a case to provide review comments that resemble text messages.  And there’s no text limit for a lawyer who has a lot to say.

Ray Zwiefelhofer of Worldox was touting his new iPad app that leverages Cloud On – the new MS Office suite for the iPad. The application currently leverages Drop-Box for the document repository, but Ray promises that soon you’ll be able to drop everything into a Worldox container.  Ray also discussed his GX3 platforms which is the next generation of Worldox.  GX3 professional offers many of the features explained in a recent LexTek post from the ILTA show. Midyear, GX3 Enterprise will leverage Windows Remote App so that companies with worldwide offices will have access to the full version of Worldox over the Internet and without the limitations of a web browser.  GX3 Cloud, to be released in the Fall, will offer a cloud-hosted solution of the GX3 full-featured product.

Jim McGann of Index Engines spoke to me of their advancement in the legal hold archive area and their ability to offer direct extraction into Relativity. Their new Octane Forensic Archive for Litigation Hold can preserve ESI from all sources including online networks, email servers, forensic images and backup tapes in high speed. Index Engines’ recent partnership with Merrill Corporation has them doing some pro-active compliance work in major corporations to help them carry out corporate governance initiatives.  Jim sees a fast-moving trend for companies who have been delaying in-house legal procedures up until now.

BIA‘s Brian Schrader was very excited about TotalDiscovery.com’s expanded coverage to include social media and web mail like Yahoo and Gmail.  TotalDiscovery.com is an end-to-end solution that can collect from every tool, device and custodians.  They can collect, download and encrypt to the cloud. And then analyze, filter and send out to attorneys for review.  They also offer attorney review services.  Their theory is to provide tools to the clients so that they can easily conduct these processes themselves, but they also full services to those clients who do not wish to do hands-on work.

I’ll have more to report later today in balmy NYC.

DG

 
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