Author Archives: Josh Markarian

Man in business shirt playing with toy blocks on wood desk. There are compliance related words printed on the blocks

The eDiscovery Business Confidence Survey

The Challenge of Budgetary Constraints: eDiscovery Business Confidence Survey Results – Fall 2017

By: Complex Discovery

The eDiscovery Business Confidence Survey

The eDiscovery Business Confidence Survey is a non-scientific quarterly survey designed to provide insight into the business confidence level of individuals working in the eDiscovery ecosystem.The survey consists of nine multiple choice questions focused on factors related to the creation, delivery, and consumption of eDiscovery products and services. The survey is open to legal, business, and information technology professionals operating in the eDiscovery ecosystem and individuals are invited to participate via the ComplexDiscovery blog, via social media, and via direct email invitations.

Initiated in January 2016, to date the survey has been administered seven times with 842 individual responses.

Fall 2017 Survey Results

The Fall 2017 Survey response period was initiated on October 5, 2017, and continued until registration of approximately 100 responses (October 17, 2017). This limiting of responders to approximately 100 individuals is designed to create linearity in the number of responses and ease the administration for each quarterly survey.

While individual answers to the survey are confidential, the aggregate results are published without commentary below to highlight the business confidence level of participants regarding economic factors impacting the creation, delivery, and consumption of eDiscovery products and services during the Fall of 2017.

n = 100 Respondents

1. Which of the following segments best describes your business in eDiscovery?
Part of the eDiscovery ecosystem where your organization resides.

Software and/or Services Provider – 44%

Law Firm – 35%

Consultancy – 11%

Corporation – 4%

Media/Research Organization – 0%

Other – 3% (Education)

Governmental Entity – 3%

2. How would you rate the current general business conditions for eDiscovery in your segment?
Subjective feeling of business performance when compared with business expectations.

Good –55%

Normal – 36%

Bad – 9%

3. How do you think the business conditions will be in your segment six months from now?
Subjective feeling of business performance when compared with business expectations.

Better – 55%

Same – 41%

Worse – 4%

4. How would you guess revenue in your segment of the eDiscovery ecosystem will be six months from now?
Revenue is income generated from eDiscovery-related business activities.

Higher – 56%

Same – 39%

Lower – 5%

5. How would you guess profits in your segment of the eDiscovery ecosystem will be six months from now?
Profit is the amount of income remaining after accounting for all expenses, debts, additional revenue streams, and operating costs.

Same – 44%

Higher – 45%

Lower – 11%

6. Of the six items presented below, what is the issue that you feel will most impact the business of eDiscovery over the next six months?
Challenges that may directly impact the business performance of your organization.

Budgetary Constraints – 31%

Increasing Volumes of Data – 24%

Data Security – 13%

Lack of Personnel – 11%

Increasing Types of Data – 11%

Inadequate Technology – 10%

7. In which geographical region do you primarily conduct eDiscovery-related business?
The location from which you are basing your business assessments.

North America (United States) – 89%

North America (Canada) – 4%

Europe (UK) – 3%

Europe (Non-UK) – 3%

Asia/Asia Pacific – 1%

Central/South America – 0%

Middle East/Africa – 0%

8. What are best describes your primary function in the conduct of your organization’s eDiscovery-related business?

Legal/Litigation Support – 69%

Business/Business Support (All Other Business Functions) – 26%

IT/Product Development – 5%

9. What are best describes your level of support in the conduct of your organization’s eDiscovery-related business?

Executive Leadership – 48%

Operational Management 36%

Tactical Execution – 16%

All credit for this survey goes to Rob Robinson and Complex Discovery. We do not take credit for taking part in this survey or in its creation. We thought it was an interesting view into the eDiscovery space that was worth sharing.

To see the full meta data and original article visit:


Is This the End of Email

Common Mobile Discovery Challenges

If gathering data from mobile devices wasn’t hard enough, with the rapid increase in technology and privacy laws mobile discovery may become some firms biggest obstacle.

According to Microsoft “67% of people use personal devices for work, regardless of an official BYOD policy that may limit or prohibit their use” further showing the impact that mobile discovery will play in the future.

As more companies start to implement BYOD policies, their will also be a rise in the challenges when trying to gather data from employee devices. When it comes to types of discover-able data from a mobile device it can include any of the below:

Phone Logs, Email, Texts, GPS, Photos, Videos, Browsing History, App History, Search History, Calendar, Contacts and much more.

Here are a few of the most comment problems encountered with mobile discovery:

Limited access to devices

Increase in the number of new devices and types of encryption out there

Increased BYOD privacy and security on devices.

Cell phone carriers don’t hold data for that long

To emphasize our last bullet point we have included the Department of Justice’s “Retention Periods of Major Cellular Service Providers” document.

Screen Shot 10-17-17 at 01.21 PM


Five Lessons All Companies Can Learn From The Equifax Data Breach


Extract from article by David Duff Beach and Scott Hall

The Equifax data breach has dominated news headlines for weeks, and Equifax will be dealing with the legal and financial fallout from the breach for many years.  While many companies may be relieved not to be in Equifax’s position right now, no company is immune to data breaches. 

Those who fail to learn key lessons from Equifax’s mistakes may find themselves in the next headline.  Accordingly, companies in every industry, and of every size, that maintain any type of sensitive personal data—whether it be of customers, employees, or data maintained on behalf of others—should study the Equifax situation and ensure that they are better prepared for a data breach incident.

eDiscovery Conferences Fall/Winter 2017

With all of the recent buzz around eDiscovery and legal technology conference lately we decided to provide a list of some other noteworthy conferences to take a look at. If you think we  missed one please let us know!

Questions to Consider Before Choosing an eDiscovery Vendor


5 Questions to Consider Before Choosing an eDiscovery Vendor

9/13/2017 | Josh Markarian | Marketing Associate

With big data on the rise and the increased need for highly qualified and capable eDiscovery vendors in high demand, here are some things to consider before selecting your next vendor. Now more than ever, its important to have a vendor that not only is current with the trending technology, and updated laws and regulation but also well experienced with all of them. These questions are meant to aid you in your search for the perfect eDiscovery vendor.

1. Are they secure?

With the increase of cyber attacks on the rise, proper information governance is one of the most important attributes an eDiscovery vendor can posses. Some things to look for are:

how are they preserving your data
Are they making multiple copies of your data (pristine and working)
Are they placing your hard copies into a secured facility
Most importantly, are they SOC 2 certified.

2. What licensed technology software do they use? (Software-as-a-Service)

Technology is a driving factor behind the recent changes in the eDiscovery field, therefor if you vendor is using the most relevant powerful software’s you could be wasting spending. More importantly the vendor should have a deep understanding of the software because otherwise its essentially ineffective. Some partnerships to look for are:


3. What levels of support are available?

When working with strict laws and regulations that enforce deadlines and attention to detail it is imperative that you choose a vendor with multiple layers of support. Another key thing to look for is do they have relations with other vendors in the area so that if it comes to it they can outsource some of the work to make sure all your deadlines are met.
Some considerations here include:

How available are the vendor’s employees during non-business hours
How are cases staffed
Who are the points of contact
How are issues escalated

4. What is their scope of services

The most efficient way to choose a vendor is find one that has the resources and capabilities to perform multiple services. This reduces costs and risks by reducing the number of vendors involved.As a sample here are the services that we here at TERIS offer to give a good example of a vendor with a wide range of services:

Consulting                                         eDiscovery
Managed Services                            Court Reporting
Data Analytics                                   Repository Hosting
Digital Forensics                               Document Imaging
Project Management                       Traditional Reprographics
Managed Review

The time and costs that can be associated with legal discovery can be very expensive and can also become a liability if your vendor mishandles the case or data. We hope this article served some benefit to you in your search for your next eDiscovery Vendor.

Our Favorite eDiscovery Info-graphics of 2017 (So Far)



Our Favorite eDiscovery Info-graphics of 2017 (So Far)

9/08/2017 |Josh Markarian | Marketing Associate

In an industry dominated by big data, sometimes it’s useful to take a look at trends and other information in a new way. Info-graphics are a great tool for getting across information and data visualization.

In no particular order here are a few of our favorites:


Topic: Cyber Security & Data Privacy, Legal & Industry Education

Relativity recently commissioned a survey conducted by Harris Poll among 1,013 US adults age 18 and older who were employed full-time or part-time, working in a traditional office setting for at least 50 percent of the time, and are not freelancers (referred to as “employees” throughout).

They learned that although nearly all employees (98 percent) say their privacy is important to them, the majority (60 percent) have used their personal device in some way while connected to their company’s WiFi, which potentially sacrifices that privacy while at work. Here’s a look at the results and how employers can protect themselves against excess data proliferation.

Screen Shot 09-08-17 at 10.17 AM


Kroll Discovery

Topic: What is eDiscovery?

“Big data” is doubling in size every two years, which is creating bigger risks and rising eDiscovery costs for companies. This info-graphic is a good visual for those new to eDiscovery.

Screen Shot 09-08-17 at 10.25 AM


E-Discovery Unfiltered

Topic: Key eDiscovery Trends in 2017

E-Discovery Unfiltered Info-graphic: Key E-Discovery Trends in Corporate Law Departments for 2017. Great macro view of the eDiscovery environment



If you think we missed a major one let us know! We hope you found these as useful as we do.

The 11 Key Advantages of Managed Services

The 11 Key Advantages of Managed Services

Due to the exponential growth in electronic business documents, many firms and companies are discovering the benefits of partnering with a dedicated and competent litigation support services firm for Managed Services, including:

Providing a vast knowledge base, systems and processes that solve any procedural gaps that may exist in-house

Avoiding competing for resources that law firms, specialty practices, consulting firms, and other corporations are fighting for

Managing the data and workflow outside of retained counsel can reduce exposure to costly risks – which is especially important considering how complex, prolonged and unpredictable eDiscovery matters can be

Reducing the costs of managing internal staff and systems in-house, which do not pencil-out – especially considering the cyclic nature of eDiscovery matters.

Our free article will teach you:

The 11 key advantages of Managed Services!

Why Managed Services are the wave of the future for smart firms!

This quick read will help you better understand the benefits of Managed Services and how partners such as TERIS can help you. Download it here!


Are you being found? Law Firms & SEO: The Basics

Are you being found? Law Firms & SEO: The Basics

By: Josh Markarian | Marketing Associate | TERIS



Your law firm has a power house of tools at your disposal. More than capable project managers, dedicated attorneys and even harder working para-legals. But the thing is…. you are having trouble finding new clients beyond word of mouth referrals.

You may know about SEO and search engine marketing but you see yourself in a service industry rather than a product industry. You may feel there are too many other law firms out there so its useless, or think you need a large advertising agency to even get online advertising. The biggest misconception i hear is that SEO isn’t for the legal field.

These are some of the reasons why law firms are reluctant to take the first step into implementing a search engine marketing strategy. However, don’t let them fool you, even with a budget of $100 a month and a bandwidth of 3 cases a month you can still see value in SEO.

For a quick summary, Search Engine Optimization (SEO) is basically the strategy behind getting found when someone searches on a search engine like Yahoo, Bing, or Google. The two umbrella strategies are improving your organic search factors, and then your paid search factors. Organic search includes things such as the content you are creating, the relevance of your website, and the digital utility of your website. While paid search is selecting keywords to bid on so that when a online user types a phrases related to your service you can be found.


Another common misconception is that someone may understand what SEO is and that there is value behind it but are thinking why cant the search engines discover my site without SEO. This is a longer conversation to get into but to give you a simple answer, yes your law firm needs SEO.

These are some of the reasons why:

Get your brand infront of the right target audience

Almost garunteed increase in web traffic

Your competitors are doing it

Elevate your brand to more than just a brick & mortor

Higher brand credibility, people trust Google

The landscape for business developing is shifting from an out-bound focus to an in-bound focus. Dont let fall behind and take the hit to your brand and potential digital impact. SEO is quick and easy to set up and is a low cost low risk way to increase visibility and lead generation.


Risk or Reward? The importance of SOC 2

Risk or Reward? The importance of SOC 2

By: Josh Markarian on August 9, 2017

As legal technology and advancements within areas such as cloud technology and software-as-a-service, clients are facing increased pressure to make sure their data is safe. Many companies resort to third party vendors to outsource services such as preserving and collecting ESI.

Unfortunately, recently third party vendors have been the source of some ugly data breach scenarios which can cause detrimental damage to both the client and the vendor. Not only will your reputation take a toll but you make encounter lawsuits and other large fines.

Service Organization Control “SOC” Reports

To best understand the implications of SOC Reports its best to understand the different types of SOC reports:


Type 1:  focuses on a description of a service organization’s system and on the suitability of the design of its controls
Type 2: contains the same opinions as a type 1 report with the addition of an opinion on the operating effectiveness of the controls


Focuses on controls at a service organization relevant to security, availability, processing integrity, confidentiality, or privacy.

Type 1: focuses on suitability of the design of a service provider’s controls over data
Type 2: centers on operating effectiveness of these controls.


Summary of a SOC 2 audit normally used for marketing purposes. There are less details in this report.

Why do you need a SOC 2 verified vendor?

The SOC 2 audit provides additional assurance regarding vendor controls that relate to operations and compliance relevant to one or more of the following five principles: security, availability, processing integrity, confidentiality and privacy. Not only will you be able to assure your clients of the safe guarding of their data, you will be able to comply with all of the data privacy and security laws.

TERIS | SOC 2 compliant with the highest level of security

Every employee HIPPA certified
Fingerprint reader for building entry
24/7 security surveillance cameras
Data stored in server room with a bank vault

vaultteris glass

Webcast: On Premise or Off Premise? A Look at Security Approaches to eDiscovery

Editor’s Note: From time to time TERIS highlights publicly available educational content for readers of its blog. While TERIS highlights this content, it does not assume any responsibility for content assertions or educational requirement tracking (e.g. continuing legal education tracking).

A Legal Education Presentation prepared and presented by CloudNine.


Doug Austin

Aug 30 2017

10:00 am – Los Angeles Time


Today, when consumers are considering their eDiscovery technology choices, there are more factors to consider than ever. In addition to considering the functionality of the software application, you now also have to consider whether to buy or “rent” the application, how the software is delivered to you and whether it’s required to be within your firewall or can be an off-premises solution. This CLE-approved* webcast session will discuss different on-premise and off-premise eDiscovery solution options and considerations for each. Key topics include:

+ Drivers for eDiscovery Technology Solution Decisions Today
+ eDiscovery Industry Market Trends and Their Relation to General Industry Trends
+ What Law Firms are Saying about the Technology
+ What Industry Analysts are Saying about the Technology
+ The Cloud vs. No Cloud Debate
+ Why Not All Cloud Solutions Are the Same
+ A Comparative Approach to eDiscovery Technology
+ Putting a Face on Solutions and Risks
+ Key Components of an eDiscovery Technology Solution

Panel Presentation Leader: Doug Austin

Doug is the VP of Operations and Professional Services for CloudNine. At CloudNine, Doug manages professional services consulting projects for CloudNine clients. Doug has over 25 years of experience providing legal technology consulting, technical project management and software development services to numerous commercial and government clients.

* MCLE Approved in Selected States

Simplifying Discovery: A View From The Cloud | BrightTALK

About CloudNine (Presenter)

Founded in 2002 and based in Houston, Texas, CloudNine is a legal intelligence technology company with deep expertise in the analysis, processing, and review of electronically stored information (ESI). Currently used by more than 50 of the top 250 Am Law firms as well as in many of the world’s leading corporations, CloudNine has been recognized in reports and surveys by Gartner, 451 Research, Blue Hill Research, Corporate Counsel Magazine, the New York Journal, and Texas Lawyer. CloudNine also publishes the eDiscovery Daily Blog, a trusted source of information for the legal industry. A leader in eDiscovery automation, you can learn more about CloudNine at