eDiscovery Daily Blog

• January 8, 2016

That may be the first time I’ve ever put the word “eDiscovery” into the blog post title three times… :o)

On Monday, I declared that, in 2016, the age of eDiscovery automation is upon us.  So, who are these “jokers” asking if 2016 is the year of cloud-based eDiscovery?  The nerve!

I’m kidding, of course.  But, in the Bloomberg BNA article 2016 – The Year of Cloud-Based E-Discovery? (written by Daniel Garrie and Yoav M. Griver of Zeichner, Ellman & Krause), the authors note that “cloud-based computing will become more fully enmeshed in the e-discovery marketplace”.

For those of us that think that cloud-based computing already is fully enmeshed in the eDiscovery marketplace, here are some notable comments in the article from these two partners at a 50 attorney firm based in Manhattan:

• “Some law firms feel that having a hosted solution on-site is more practical than a cloud-based solution. This is no longer true.”
• “[O]ne thing the emerging players share is that they are finally aligning their cost with what the cost should be, which is not something often seen in the past with current entrenched solutions providers. This means that a firm can more easily find a cloud-based solution that is right for it, while paying a price that is likely less than the cost of maintaining the solution in-house.”
• “Almost every e-discovery platform in the marketplace today requires some sort of connectivity to the Internet to obtain software updates, be it for the platform or the solution operating the platform. Consequently, law firms that elect to avoid cloud-driven solutions with the intention of offering clients greater security may not actually be providing greater security. Odds are that your security isn’t bulletproof, you don’t have 100 percent systems uptime, and you may not have the necessary amount of staff resources dedicated to IT management.”
• “In short, cloud-based solutions are now mature enough that law firms should begin to evaluate e-discovery cloud solutions for the potential cost savings to the firm, the increased cyber security over their clients data, and for the decrease to their clients of the exorbitant costs that can often be associated with the discovery process. Each of these is not only a potential benefit to the law firm, but a potential selling point to a client.”

These words advocating cloud-based over on-site solutions within a law firm are not coming from an eDiscovery cloud provider, they are coming from two partners at an actual law firm.  That says a lot.  Of course, I’ve been saying that for over five years now… :o)

In this day of mounting cybersecurity concerns, when it comes to evaluating eDiscovery solution providers, here are some questions to ask the provider regarding how they handle your clients’ data:

• Where will my data be stored? Will it be on servers dedicated to your platform?  Can you access those servers physically is there is a need to copy large amounts of data to them quickly?  Will the data be stored within the US or could it be stored internationally?
• What certifications has your data center earned? Is it ISO 27001 compliant?  Is it HIPAA compliant?  Is the data center compliant with any other certifications?
• Does your data center have an uptime service agreement?
• What physical security mechanisms are in place?
• Does your data center provide multiple levels of redundancy?
• Does the data center have backup power capabilities when main power goes out?

These are just a few of the questions to ask your eDiscovery cloud provider.  It’s important to be as informed as possible in this age of the routine cybersecurity breach before selecting your eDiscovery platform.  You don’t want to be these guys!

So, what do you think?  Do you think that cloud-based solutions for eDiscovery are more secure than in-house solutions?  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. eDiscovery Daily is made available by CloudNine solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Daily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.