We have just published our annual report on the e-Discovery and e-Disclosure industries. This year we’ve subtitled the report ‘Crossing Clouds and Continents.’

This reflects a couple of the main themes of the report that are directly related: the rise of cloud computing within e-Discovery and the effect it has on those involved in e-Discovery in terms of how much simpler it makes it to store data in all sorts of locations. That of course then rasises issues of who is responsisble for that data and under  what jurisduction it falls. Other issues we focus on in the report include:

• Changes in the legal sector in the US & UK
• In-sourcing & out-sourcing of e-Discovery by corporations and law firms
• European e-Discovery
• Social media
• Bribery, corruption & fraud
• Products & technologies, mapped to EDRM and beyond
• User case studies in healthcare, law & government (financial regulators)
• M&A – both the recent surge and a look ahead to what’s next
• Profiles of 30+ software and service providers

To find out more about it and how to get a copy, you can visit this page or contact myself directly.

Yesterday I attended the 6th Annual e-Disclosure Forum at Canary Wharf in London, organized by the globe-trotting triumvirate of Chris Dale, Browning Marean and George Socha. It was a good program, with an audience comprising a mix of lawyers, litigation support professionals, IT practitioners, tech software and service providers and other assorted folks, like myself. It’s the second year I’ve attended and these were the key themes I picked up on:

• Practice Direction 31B – not surprisingly this was a major issue throughout the day, considering may of those present for instrumental in drafting it, including Chris Dale and Senior Master Steven Whitaker (among others) and it only passed into the rules on October 1.  For those that don’t know, 31B amended the rues of civil procedure in the UK (the rough equivalent of the Federal Rules of Civil Procedure in the US), as they pertain to the disclosure of electronic documents (which can of course include email and other forms of communications). One aspect of the changes is a questionnaire to be used in more complex cases that involve a large number of documents. Not only does it sound to us like a sensible way of helping to to contain and get parties prepared for the case management conference (meet and confer in US parlance), but quite frankly it could be useful starting point  for organizations simply to looking to get their house in order to get prepared for future litigation.
• Another key theme was the effect on recent UK cases on the way parties are now cooperating in case management meetings. One speaker, Jeremy Marshall, head of commercial litigation at Irwin Mitchell said that in his experience there’s a vast difference in terms of what happened before landmark cases such as Earles vs Barclays Bank in 2009 and the Digicel vs Cable & Wireless case in 2008 and what happens now. Companies know that if they don’t cooperate to make sure the necessary documents are disclosed, they could be penalized by the court, even if they win the case. For more on the Earles case and what it means regarding the destruction of documents see Chris Dale here.
• Cloud. I had a lot of conversations with IT and legal people at the conference and they’re still not seeing the necessary granularity in service level agreements (SLAs) from cloud service providers. If you need to search your data for the purposes of e-Disclosure, it’s not clear in what format the data will come back to you or even if such a search is possible. That’s a bit of a deal-breaker, over and above any trepidation firms might feel about using cloud for any perceived security issues.
• In general I detected a much clearer understanding on the part of US attendees of the issues in the UK market. Gone are the days it seems of assuming that the exhaustive e-Discovery process in the US is suitable without any alteration in the UK. The two countries obviously share a common law tradition, but like so many other things, there are distinct differences in the way litigation is done and that – aided in part by Chris Dale et al’s work – is now getting through to US vendors, which after all, dominate the market from the technology point of view.
• Tips for next year to the organizers?
  • come up with a hashtag so we don’t write out ‘6th annual #eDisclosure conference’ in our tweets 😉
  • make the sessions a tad shorter
  • get a couple of additional panelists to mix it up a bit

But overall it’s the best way I know for taking the pulse of the UK e-Disclosure market in a single day.

We’ve also been active in this area ourselves recently with webinars on litigation readiness with Zylab and Katey’s participation on a Brighttalk webinar on cross-border eDiscovery. But most importantly, we have new e-Discovery research out in the shape of our cloud e-discovery [PDF]and cloud archiving [PDF] reports.

The cloud archiving market will generate around $193m in revenues in 2010, growing at a CAGR of 36% to reach $664m by 2014.

This is a key finding from a new 451 report published this week, which offers an in-depth analysis of the growing opportunity around how the cloud is being utilized to meet enterprise data retention requirements.

As well as sizing the market, the 50-page report – Cloud Archiving; A New Model for Enterprise Data Retention – details market evolution, adoption drivers and benefits, plus potential drawbacks and risks.

These issues are examined in more detail via five case studies offering real world experiences of organizations that have embraced the cloud for archiving purposes. The report also offers a comprehensive overview of the key players from a supplier perspective, with detailed profiles of cloud archive service providers, with discussion of related enabling technologies that will act as a catalyst for adoption, as well as expected future market developments.

Profiled suppliers include:

• Autonomy
• Dell
• Global Relay
• Google
• i365
• Iron Mountain
• LiveOffice
• Microsoft
• Mimecast
• Nirvanix
• Proofpoint
• SMARSH
• Sonian
• Zetta

Why a dedicated report on archiving in the cloud, you may ask? It’s a fair question, and one that we encountered internally, since archiving aging data is hardly the most dynamic-sounding application for the cloud.

However, we believe cloud archiving is an important market for a couple of reasons.  First, archiving is a relatively low-risk way of leveraging cloud economics for data storage and retention, and is less affected by the performance/latency limitation that have stymied enterprise adoption of other cloud-storage applications, such as online backup. For this reason, the market is already big enough in revenue terms to sustain a good number of suppliers; a broad spectrum that spans from Internet/IT giants to tiny, VC-backed startups. It is also set to experience continued healthy growth in the coming years as adoption extends from niche, highly regulated markets (such as financial services) to more mainstream organizations. This will pull additional suppliers – including some large players — into the market through a combination of organic development and acquisition.

Second, archiving is establishing itself as a crucial ‘gateway’ application for the cloud that could encourage organizations to embrace the cloud for other IT processes. Though it is still clearly early days, innovative suppliers are looking at ways in which data stored in an archive can be leveraged in other valuable ways.

All of these issues, and more, are examined in much more detail in the report, which is available to CloudScape subscribers here and Information Management subscribers here. An executive summary and table of contents (PDF) can be found here.

Finally, the report should act as an excellent primer for those interested in knowing more about how the cloud can be leveraged to help support ediscovery processes; this will be covered in much more detail in another report to be published soon by Katey Wood.

I’m very happy to say that our new report on the e-Discovery/e-Disclosure market  – E-Discovery and E-Disclosure: Bringing it all back home – is now available to clients and non-clients alike.

The report contains:

• User survey – a survey of 140+ end users about their current e-Discovery products, their purchasing plans over the next 12 months, the state of their budgets now and in the future, their pain points and how they execute their e-Discovery strategy – or even if they have one.
• Detailed profiles of 32 software and service providers from the US and Europe.
• Analysis of the current issues and drivers in the market and how we think they may evolve in the future, including issues such as litigation preparedness, early case assessment, in-sourcing of e-Discovery (hence the sub-title), cloud computing and regulatory and legal challenges in the US and Europe.
• The market landscape including a detailed breakdown of how vendors map to the EDRM and a look at the markets that e-Discovery impacts upon, including archiving and information governance.
• M&A analysis – forward-looking analysis as well an examination of past valuations.

The report was written by Katey Wood (@KWood451) and myself (@nickpatience). Any questions regarding the report can be addressed to either of us and we can also let you know how you can buy the report whether you’re a 451 client or not.

We are embarking on an update to our e-Discovery report that we published in December 2008, called e-Discovery & e-Disclosure: this market is now in session. We aim to publish this new report in late Q1. It will be fully up to date with the newest products and services from vendors and service providers, as many will update their offerings in and around LegalTech in New York in early February, which Katey Wood and I will be attending.

As part of that report we are aiming to generate what we think will be the largest end user survey conducted in this market. The survey is online and open to anyone (although it isn’t anonymous so we are able to filter out any non-relevant entries).

The link is here and if you’re an end user in the e-Discovery or e-Disclosure world, be it a lawyer (whether in a law firm or general counsel department), a project manager at a law firm, a litigation support specialist; in fact anything relevant to e-Discovery/e-Disclosure, we’d love for you to participate to make this a fully-informed survey.

Also if you can help us distribute the link to make it a more inclusive survey, please get in touch via Twitter – @nickpatience or @kwood451.