MarketScope for E-Discovery and Litigation Support Vendors, 2007

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1 MarketScope for E-Discovery and Litigation Support Vendors, 2007 Gartner RAS Core Research Note G , Debra Logan, 14 December 2007 RA Courts are requiring enterprises to improve their handling of information during litigation. The consequent spending on electronic discovery software, technology and technology services is growing swiftly. We examine that market here for the first time. WHAT YOU NEED TO KNOW Spending on electronic discovery (e-discovery) software technologies and services offerings is forecast to grow at more than 35% annually through This is an emerging market with entrants from multiple perspectives, including storage and archiving, search and information access, policy management, and tools designed as end-user applications for legal professionals. Enterprises purchasing e-discovery software can reduce the costs of litigation by improving their control over unstructured content, including . Also, they can cut costs and risks by taking control of litigation hold, litigation-hold tracking, file collection, file processing and legal review instead of outsourcing these functions. Through at least YE08, enterprises should acquire tools in this market tactically. Achieving full proactive control over unstructured data which is the ultimate answer to e-discovery challenges will take between five and 10 years for most enterprises. Data center managers, information security officers, information architects, in-house legal personnel and records managers should read this document when planning or building e- discovery capabilities in their enterprise. STRATEGIC PLANNING ASSUMPTION(S) By the end of 2008, there will be four viable categories of vendors in the e-discovery market: platform players, review and analysis platforms, collection, preservation and processing and full service outsourcers. By the end of 2008, there will be 25% fewer vendors claiming to have e-discovery functionality.

2 2 MARKETSCOPE Changes to the Federal Rules of Civil Procedure in December 2006 forced many enterprises specifically to evaluate their ability to manage unstructured information. Many have concluded they need to improve and quickly. These rules are U.S. specific, but will affect any company that faces legal action in the United States. Unlike the Sarbanes-Oxley Act, we do not expect to see similar rules changes, but the Federal Rules changes will have implications for enterprises worldwide, as it will change the way electronic information is stored and managed. Few software vendors offer credibly complete solutions for e- discovery. Enterprises can, however, select products tactically to begin their long-term e-discovery strategy. Gartner has been writing about the emerging needs our clients have for e-discovery functionality along with the vendors who are seeking to serve their needs since A partial bibliography of relevant research notes is contained in the Recommended Reading section. As market interest has increased, the numbers of vendors claiming to have e-discovery capabilities has soared. This MarketScope document is Gartner s first attempt to classify and rate these vendors using one of our market evaluation methodologies. We chose the MarketScope method because of the diverse nature of the vendors. MarketScope documents are intended to address either emerging or very mature markets. In the case of emerging markets, functionality is confused and overlapping and internal user requirements are unclear because the business processes that the software is meant to address are still emerging. So many vendors have entered this particular market and the functionality that they offer is so different that we cannot compare them like for like, making it impossible to write a Magic Quadrant document. Most enterprises involved in 10 or more legal matters per year can justify the cost of acquiring software and staff by performing archiving, RM, identification, preservation and collection themselves. Legal departments that desire to perform reviews for processing and evidence analysis should explore such capabilities through testing with hosted services before considering the acquisition of software. Enterprises may be able to tap their current storage and enterprise content management (ECM) vendors for information retention management in the near term and should determine such vendors imminent strategies for supporting these capabilities. Market/Market Segment Description The e-discovery market includes products and services that allow electronically stored information (ESI) of all types to be identified, preserved, collected, processed, reviewed, produced and managed over a period of time. There is some overlap with other markets, including ECM, RM, content monitoring and filtering, active policy management, archiving and information access. E-discovery is independent from all of them, despite the overlap. This is due to the combination of functionality that is required, and the unique requirements that result from the e- discovery process being ultimately scrutinized by the courts and specified by the Federal Rules of Civil Procedure, along with legal practices regarding the collection of documentation that will be used as evidence. To be included in this market, a vendor must address these functional areas: Identification of machines connected to a network, plus the ability to identify, mark and/or copy individual files contained in systems, file servers and more formal document management systems. Preservation of files and metadata, and the tracking of these preservation requests known as litigation hold. Software must have a means for identifying the requested information using a variety of parameters including file type, creator or custodian, date of last access, date of creation, system of origin and keywords. Collection should be automated and may involve copy and move or preservation in place. Information deemed responsive must be copied for processing. Reports for IT and legal in terms of what has been preserved and what custodians have been notified of is desirable. Products must preserve the integrity of metadata in the collection process and provide logs of collection activities. Initial processing of data, including culling by file type, deduplication or near de-duplication, reports that show the amount of data that has been collected, and the to ability to categorize the data. Keyword search and the ability to view and review files in native formats are necessary Gartner, Inc. and/or its Affiliates. All Rights Reserved. Reproduction and distribution of this publication in any form without prior written permission is forbidden. The information contained herein has been obtained from sources believed to be reliable. Gartner disclaims all warranties as to the accuracy, completeness or adequacy of such information. Although Gartner s research may discuss legal issues related to the information technology business, Gartner does not provide legal advice or services and its research should not be construed or used as such. Gartner shall have no liability for errors, omissions or inadequacies in the information contained herein or for interpretations thereof. The opinions expressed herein are subject to change without notice.

3 3 Capability to assist legal personnel in document review for inclusion or exclusion in production for opposing counsel, regulators or courts. Attorney review tools include Bates Numbering, sophisticated search capabilities, process support, visualization and pattern recognition techniques, categorization and classification functionality, redaction, native file format viewers, integration with common desktop tools such as Outlook, and the ability to export files in various formats especially for litigation support databases and other review products. Repository or RM capabilities, which allow the processing of files for litigation hold, the tagging of files for short- or long-term retention, and a metadata-controlled central repository that can be used for evidence collection or simply a more proactive form of information management. By the end of 2008, there will be four viable categories of vendors in the e-discovery market: platform players; review and analysis platform vendors; collection, preservation and processing vendors and full-service outsourcers. The market will coalesce along these lines, driven by user requirements: Companies that are in highly litigious industries along with others who realize that the burden of keeping electronic information is increasing year on year are interested in proactive information management platforms. These needs will be addressed by the platform players. Today, clients are looking for and vendors must have an archiving system with a view to archiving other types of files including, but not limited to, office documents contained on file servers, SharePoint sites and other collaborative work sites and files contained in content management systems. Within two to three years, platform vendors should be able to address all phases of the electronic discovery reference model. The vendors positioned to move into the platform market are emerging from the information access, records and document management, forensics, storage and archiving markets. The megavendors are represented here. Enterprise delivery of software to cover the retention management, archiving, identification, preservation, collection and processing of evidential data. Information access is an important but not sufficient component here. Traditionally the province of outsourced providers and/or done via outside law firms more and more clients want to cut costs by moving identification, preservation, collection and some processing inhouse. Functionality here includes archiving, policy management, deduplication, litigation hold tracking, metadata preservation, a hold repository, search capabilities and capabilities to carry out first-pass legal review tasks such as reviewing documents for privilege and classifying them in various ways. The third major area of client interest is using one of the legal review platforms to carry out processing, first-pass review, and more in-depth review and production. General counsels are realizing that they can cut costs on outside data processing (culling, deduplication and initial document categorization), and on legal fees by availing themselves of one of the many hosted or in-house review platform providers and not just leaving this to outside counsel. We are calling these attorney review platforms. They may be enterprise software applications or provided as hosted services hosted attorney review platforms. Vendors included those with purpose-built systems that entered the market as e-discovery players, information access vendors and outsourced service providers. For years, the e-discovery market has focused on outsourcers that provide a full spectrum of services and software to assist in all phases of the e-discovery process. These outsourcers will continue to be important, especially for law firms. Companies will need them to host data, provide review platforms, perform litigation consulting services, and so on. They can provide economies of scale, huge processing power and massive storage capability that exceed the ability or willingness of enterprises to host data for very large cases internally. A number of these firms also provide data restoration and recovery, and forensic products and services. By the end of 2008, there will be 25% fewer vendors claiming to have e-discovery functionality. Inclusion and Exclusion Criteria To be included in the final published report, a vendor must meet the following criteria: Have an IT targeted tool or tools that enable the identification, preservation collection and initial processing of files requested by a legal or compliance officer to cover the steps of RM, identification, preservation, collection and processing of the electronic discovery reference model (EDRM).

4 4 Table 1. Evaluation Criteria Evaluation Criteria Market Understanding Innovation Market Responsiveness and Track Record Offering (Product) Strategy Business Model Customer Experience Marketing Strategy Comment Ability of the vendor to understand buyers wants and needs and to translate those into products and services. Vendors that show the highest degree of vision listen to and understand buyers wants and needs, and can shape or enhance those with their added vision. Direct, related, complementary and synergistic layouts of resources, expertise or capital for investment, consolidation, defensive or preemptive purposes. Ability to respond, change direction, be flexible and achieve competitive success as opportunities develop, competitors act, customer needs evolve and market dynamics change. This criterion also considers the vendor s history of responsiveness. The vendor s approach to product development and delivery that emphasizes differentiation, functionality, methodology and feature sets as they map to current and future requirements. The soundness and logic of the vendor s underlying business proposition. Relationships, products and services/programs that enable clients to be successful with the products evaluated. Specifically, this includes the ways customers receive technical support or account support. This can also include ancillary tools, customer support programs (and the quality thereof), availability of user groups, service-level agreements and so on. A clear, differentiated set of messages consistently communicated throughout the organization and externalized through the Web site, advertising, customer programs and positioning statements. Weighting high standard standard high high high high Source Gartner (December 2007) OR AND Have software that enables legal personnel to review documents and process them more quickly, shows relationships between documents or persons mentioned in or originating documents or any other functionality that can be shown to reduce attorney review time to cover in covering the processing, review, analysis, production and presentation steps of the EDRM. Realizes at least 25% of its revenues or revenues from an e- discovery business unit from a software tool or service that performs identification, collection and preservation of files in various locations OR an attorney review platform that allows enterprise end-users to upload and review documents.

5 5 In addition to the above criteria, it Figure 1. MarketScope for E-Discovery and Litigation Support Vendors, 2007 was necessary to assign a cutoff date for inclusion in this report. Because of the amount of vendor and client interest, there were new entrants into the market or entrants that announced their e-discovery capabilities to us after the initial report had been drafted and researched. In order to comment on the vendors that were surveyed, it became necessary to apply a cut off point for additional entrants into the MarketScope. Rating for Overall Market/Market Segment Overall Market The necessity to react effectively to requests for information and subpoenas is forcing this market to grow swiftly. Users must navigate a confusing collection of vendors with conflicting ambitions, but the criticality of represented functionality will attract significant spending. In addition, many large vendors are interested in entering the market through acquisition. Clients have reported that they have saved Source Gartner (December 2007) money on storage, legal discovery services and outside law-firm on-premises enterprise and law firm customers. Attenex s spending by purchasing e-discovery software this year. The differentiators include flexible deployment options, ease-of-use for positive rating is also based on the many vendors that have attorneys, as well as particular document clustering and analysis entered the market over the past two years, either with new techniques. This is a next generation litigation support tool with functionality or by relabelling or finding new use for existing advanced analytic capabilities, attorney-driven workflow and many products. Our own numbers, based on vendor surveys, indicate other advanced features. It has per-megabyte and enterprise that vendor revenue is growing by 35% a year. license pricing. Attenex is offered directly or through a partner Evaluation Criteria network of legal firms and litigation support firms a strategy which has served the company well and will continue to serve it Vendor Product/Service Analysis well as the market grows. Its challenge will be to differentiate itself Attenex from other e-discovery review platform vendors in the crowded Founded in 2001, Attenex is primarily an attorney review platform, market. with processing, review and analysis features which are used by attorneys and other legal personnel. Attenex has both hosted and

6 6 Autonomy Autonomy (a leading information access vendor) purchased Zantaz (an and file archiving vendor) in 2007 and has followed that purchase with an announcement of intent to buy Meridio, a standalone records management (RM) vendor. These acquisitions are designed to strengthen Autonomy s e-discovery offerings, while at the same time making the archiving and RM functions more effective by integrating them with IDOL, Autonomy s marketleading information access platform. By providing what is most important to customers right now and betting on the long-term prospects of the market for proactive information management to be realized at least partly by search and statistical analysis Autonomy has shown a clear long-term vision. It will be challenged on execution as its marketing approach is perceived as being overly complex by traditional Zantaz prospects. The company needs to clarify its marketing messages, as its acquisition strategy has left clients in some doubt as to which Autonomy product can fulfill what function. Autonomy also needs to pay particular attention to client service, which is key to attracting and keeping customers. CaseCentral CaseCentral provides a centralized platform that supports longterm evidence management including processing, review, analysis and production. Like other attorney review platforms, CaseCentral bases its value proposition in part on cutting review times and increasing accuracy. It hosts cases with a focus on providing corporations control through an architecture that enables simultaneous and secure collaboration across multiple law firms and cases. CaseCentral is an on-demand hosted service, accessible from user s desktops. CaseCentral emphasizes that litigation can be managed more effectively through a collaborative, and long-term approach to e-discovery. It works with archiving and document management providers to access their repositories. The company is moving from a per gigabyte pricing model to a licensed seat model with different levels of licensing. The challenge will be to differentiate itself from other e-discovery review platform vendors in a crowded market. Catalyst Catalyst is a hosted attorney review platform whose key differentiators include its search capability, scalability and the ability to support multi-language reviews. The search capability is built on FAST Search and Transfer, an information access vendor that is also used by other vendors in this market. Catalyst s partners include several well-known litigation support firms. Clients have reported that Catalyst s pricing model is not as straightforward as they would like, with additional charges for things like reporting, that they would like to see included in the basic capabilities of the software. Given that the hosted review platform market is crowded, the technology differentiation that Catalyst has makes it a target for acquisition. CA (MDY) CA entered the e-discovery market in 2005 with its purchase of ilumin, and subsequently bought the RM vendor, MDY. The CA vision is to help companies with both proactive and reactive information management. Today, CA focuses on the RM and e- mail archiving needs of clients, and so is a platform player that will appeal mostly to large corporations that want to move toward an integrated content archiving model. CA strongly supports the proactive information management platform approach for dealing with discovery issues. Its recent reorganization of its storage business moves the e-discovery products and services into the business services organization. Part of that group focuses on information governance, which is a longer-term theme for many companies, and Gartner sees the reorganization as a positive move. CA has the right vision for a platform player, but must execute on its vision and add functionality in order to continue to address the needs of the market. Clearwell Systems Clearwell performs processing, review and analysis of electronically stored information. It is offered as an appliance and is quick to install and use. Clients tell us that it can be installed and used in less than a day. Clearwell s fast-to-install and easy-to-use appliance model give it clear advantages in the eyes of organizations that are under pressure to get data processed on time. It has an excellent implementation model and a strong understanding of the market. Clearwell s go-to-market strategy has been strengthened by its developing partner network with Symantec and Guidance, among others.

7 CommVault CommVault is a storage management vendor that has extended its archiving capabilities to other file types. The company has extended its functionality across the crucial RM, identification, preservation, collection and processing steps of the Electronic Discovery Reference Model (EDRM), which only a few others in this market do. CommVault does not distinguish between media types, but extends its capabilities across the different types. CommVault has partnered with the search and information access vendor FAST Search and Transfer to upgrade search capability. It partners with Clearwell for the additional capabilities it needs for processing, review and analytics. Because of its relatively late entry into the market, CommVault has been able to create a vision that is tuned to the current state of the market. Its challenge will be to deliver on this vision. EED EED is the industry-dominant model of the full service outsourcing vendor, providing services across the spectrum of an EDRM system. It relies on per-gigabyte processing pricing that has as its core value proposition an efficient collection of a variety of data sources, speedy first-pass review, multi-party hosting and export to all the commonly used litigation support databases. While there is certainly a future for the hosted model, these kinds of vendor are coming under increasing pressure to lower per-gigabyte charges, as the entry of large global players into this market challenges their economies of scale and puts them under price pressure. EED has made some moves to sell software to enterprises, but still derives most of its revenue from hosted offerings. EED has had a recent change of management, which is a positive development, but besides an announcement of a partnership with IBM/FileNet, it is still too early to judge whether the new management will achieve the product and marketing differentiation necessary to succeed in this crowded market. Rating: Caution Fios Fios, founded in 1999, was one of the first e-discovery service providers, with roots in the industry-dominant model of the thirdparty outsourcing community, providing services across the spectrum of the EDRM. This model relies on per-gigabyte processing that has an efficient collection of a variety of data sources, speedy first-pass review, multi-party hosting and export to all the commonly used litigation support databases. There is price pressure on this model; Fios has responded to this by evolving its business model to focus principally on enabling corporations to manage discovery as an organized business process. Fios offers its clients advice on technology for e- discovery; metrics-based gap analyses of their e-discovery processes; and business consulting services that assess, implement and embed discovery response business processes within the corporation. Its aim is to be the e-discovery business process outsourcer of choice for corporations that realize the need to outsource the mechanics of their discovery functions which require e-discovery subject-matter expertise while maintaining management control. The company s success will depend on marketing execution and its ability to differentiate itself successfully from the industry dominant model. A merger with another brand name in the legal discovery pure-play area is a distinct possibility, as is its acquisition. FTI Ringtail Ringtail is a primarily an outsourcing vendor, but it competes in both the hosted and enterprise markets. It is alone among the fullservice hosted providers in offering enterprise licenses on any kind of scale. In addition to this capability, it also has a large, focused global consulting capability. FTI s purchase of Ringtail (a well-known attorney review platform) demonstrated an understanding of the direction that the market was taking. Ringtail is the most robust of the older attorney review platforms, but FTI must make technology acquisitions or develop technology if it wishes to continue to expand the product parts of its business. Its demonstrated willingness to acquire and its market understanding gives the company an edge over some of its competitors. Guidance Software Guidance s EnCase product is well known to law enforcement officials and courts as a forensic data collection tool. Its ability to reach every node in a network, including desktops, make it the collection tool of choice among other e-discovery vendors, as well as enterprises. Guidance has multiple citations in case law and its experts testify frequently in court cases. In the initial data collection and processing phase, Guidance has few serious rivals, given its range of file types, its strong methodology and its recognized certification program. Data must be collected and preserved in the EnCase Evidence File, which is a weakness, but the collected data can be automatically exported by the EnCase ediscovery Suite to 7

8 8 common attorney review platforms. There is no manage-in-place facility, but for the many organizations that have very little control over their unstructured information, this is as good as it gets. EnCase would benefit from stronger partnerships and must resist the urge to reinvent the wheel to round out its capabilities. Rating: Strong Positive IBM (FileNet) IBM today provides an e-discovery product (IBM EMS) for collection, RM, search, search refinement, case foldering, release/hold management and nsf/pst export for production. Based on the same platform, IBM is able to collect files from file servers and also from desktops that have enabled IBM s records management functionality. It relies on partnerships for the review and analysis phases. Although IBM does have analytics capabilities, these are not purpose-built for attorneys. Because of the prevalence of IBM infrastructure components, we expect the company to eventually play strongly in the proactive information management space, in addition to fielding modules for collection and processing. IBM is a platform player, but it needs more than the loose collection of modules it has now to compete. It must acquire specific review platform functionality or other e-discoveryspecific capability. IBM also offers e-discovery consulting capability and expertise through its GBS consulting arm, and has a litigation readiness program called JumpStart. Rating: Caution Inference Inference provides a hosted multi-party review and a set of analytical tools based on Autonomy s IDOL index engine. Inference is taking the classic approach of a hosted review platform, differentiating on scalability, advanced analytics capability and late market entry, which has allowed it to create features and overcome limitations that other earlier entries had. Inference is a 1Q07 spin off from DOAR Litigation Consulting, but the products it provides have been around since The company s vision distinguishes it, in the sense that it is taking technology steps to anticipate court decisions in a way that other vendors are not. Iron Mountain/Stratify Iron Mountain/Stratify was set up more than fifty years ago and is an information management, storage and archival company that has reinvented itself in the wake of the compliance wave of With its full-service capabilities, its deep understanding of the legalities of retention, and recent public offerings, Iron Mountain represents a formidable challenger to the established specialist e- discovery firms. The recent announcement of its intention to acquire the assets of Stratify, a smaller service provider with deep roots in information access and semantic analysis technologies, speaks of its seriousness about the market and, also enhances the sophistication of the company s technology. The combination of Iron Mountain s reach and range, and Stratify s product and technology differentiation, will be powerful. Iron Mountain is a global public company with a strong North American base and will continue to grow in this market. Kazeon Kazeon focuses on compliance and e-discovery and has one of the few products that competes with Guidance in terms of collection. Kazeon covers all phases of the EDRM in an enterprise software model and so can be deployed inside enterprises. It offers a combination of per-terabyte, appliance and software pricing. We believe the market is limited for full spectrum tools, but Kazeon is positioned to take what business there is, and its capabilities in terms of identification-processing will stand it in good stead for enterprises that want to buy an all-in-one enterprise tool. Although it s a relatively small company, broad-reaching capabilities will make it an acquisition target. Kroll Kroll Ontrack is a third-party outsourcing vendor. It provides services across the spectrum of the EDRM, relies on per-gigabyte processing, and has as its core value proposition, an efficient collection of data sources, speedy first-pass review through its review tool Ontrack Inview, multi-party hosting and export to all the commonly used litigation support databases. While there is certainly a future for hosted document review, this process is

9 coming under increasing pressure to lower per-gigabyte charges for processing and hosting, as well is attorney review time, which will challenge the economies of scale of both vendor and law firm. These players must continue to differentiate themselves with technology enhancements or with some other twist to the e- discovery model. The review platform is going to be key. For Kroll Ontrack, merger with another brand name in the legal technology and consulting area is a distinct possibility, as it recently acquired a premiere presentation firm, Trialgraphix, which supplies jury consulting, courtroom presentation and e-discovery services. LexisNexis LexisNexis fits the industry dominant model of a third-party outsourcing vendor, providing services across the spectrum of the EDRM, relying on per-gigabyte processing that has as its value proposition efficient collection of a variety of data sources, speedy first-pass review, multi-party hosting and export to all the commonly used litigation support databases. A well-known brand in the legal industry, LexisNexis was an early mover in acquiring software and building processing capability. It has a good reputation among both law firm and corporate clients, although it is often cited as being expensive compared with similar vendors. Acquiring a system (Concordance) that is known and used by many lawyers was a smart move. Its hybrid model, which includes both hosted and enterprise software, and legal industry relationships, makes it a formidable competitor, especially in the hosted space. It has not displayed much in the way of innovative thinking, but it certainly understands the existing market. LexisNexis will need to become more aggressive in the upcoming consolidation phase as more and more of its ultimate end clients begin to insource various parts of the discovery process. MetaLINCS Founded in 2003, MetaLINCS is primarily a legal review platform, with processing, review and analysis features that are used by attorneys and other legal personnel. MetaLINCS differentiators include ease-of-use for attorneys, as well as particular document clustering and analysis techniques. It is also a next generation litigation support tool with advanced analytic capabilities, attorneydriven workflow, and many other advanced features. It has permegabyte and enterprise license pricing. Its suite also contains modules for identification, preservation, collection and processing, which will be the bread-and-butter functions for most large corporates. MetaLINCS first processing steps take longer than some of its competitors, but is complete with a first pass, whereas others require multiple processing steps before their analytics functionality can be used. The company needs to focus more on hosted services through partners, as this is where the market is going to generate the most business. The challenge will be to differentiate itself from other e-discovery review platform vendors in the crowded market. MetaLINCS was acquired by Seagate as this document went to press. Mimosa Systems Mimosa is an archiving vendor that has extended its capabilities to include several other file sources, although this is not comprehensive. It makes a copy of the files that are to be preserved. Mimosa is still mainly an archiving system. We recommend that clients using it for archiving also utilize its e-discovery capabilities, but should note that they will need other vendors to complete their e-discovery functions. In a fast-moving market, where archiving and discovery capabilities are necessary but not sufficient, Mimosa needs to add functionality to round out its offering beyond the initial collection and processing capabilities from a limited number of file sources. Rating: Caution Oce Oce Business Services is a full-service provider that uses proprietary software, third-party software and a hosted review environment to provide comprehensive discovery solutions for client companies. Its primary acquisition, that of CaseData, occurred in 2006, and is now part of the Oce Records, Compliance and Legal Solutions division. Oce, like Xerox and Pitney Bowes has a document management related international brand, processing capacity and software that gives them parity with other vendors in the service provider category. Like the other service providers, they will see a decrease in the amount of 9

10 10 collection and processing they do, while data volumes for other services go up. Oce, like Xerox and other service providers need to find a competitive differentiator that will sustain it in a consolidating and changing market. ONSITE3 ONSITE3 is an industry-dominant model of the full-service outsourcing vendor, providing services across the spectrum of the EDRM and relying on per-gigabyte processing pricing. It has as its core value proposition an efficient collection of a variety of data sources, speedy first-pass review, multi-party hosting and export to all the commonly used litigation support databases. While there is certainly a future for the hosted model, these kinds of vendor are coming under increasing pressure to lower per-gigabyte charges as the entry of large global players into this market will challenge their economies of scale. ONSITE3 has made some moves to sell software to enterprises, but still derives most of its revenue from hosted offerings. Full service providers must move to differentiate themselves from enterprise software vendors or add some other twist to the model of passing processing charges on to the customer. The review platform is going to be key and technology innovation is necessary to stay ahead of the competition. Rating: Caution Orchestria Orchestria is in the underserved market segment of policy management, along with PSS Systems. Like PSS, Orchestria takes a policy management approach to litigation hold and litigation hold tracking. Its earliest implementations handled only e- mail, but it has subsequently added other file types. While Gartner considers the functionality that Orchestria has as vital to solving the challenge of managing information for litigation and RM purposes, there is no doubt that the functionality is not sufficient as a stand-alone capability. Orchestria has a sufficient customer base and enough intellectual property to ensure its viability as a component part of many solutions on the processing, RM and collection side of e-discovery. This advantage may turn into a liability as users become ready for more complete solutions. As the market consolidates, we expect that the big vendors on the collection and preservation side will either buy or develop this functionality for themselves. Pitney Bowes Pitney Bowes Legal Solutions (PBLS) is a full-service e-discovery provider for paper and electronic discovery data, and handles everything from scanning paper, through to online review to final production of data for presentation in court. Its legal discovery services are based on its 2005 acquisition of Compulit and 2006 acquisition of Ibis Consulting. It has the advantage of a worldwide sales, marketing and production presence, along with the financial stability of a Fortune 500 company, like Xerox and Oce. The brand is respected, but associated strongly with mailroom services which is something it can change with marketing effort. The advantage of being a global brand, being on the approved lists of corporate suppliers, of being able to handle both paper and electronically stored information, and of being a full service provider should give PBLS a competitive chance against the specialist fullservice firms. PSS Systems Gartner classifies PSS Systems as active policy management, an information technology that analyses unstructured content in documents and s and applies appropriate rules for access, life cycle management and oversight. The policy is carried out on the client side, making it a tool for end users, including records managers and lawyers. PSS has extensive prepackaged policies for use along with facilities to manage litigation holds, and other retention issues, and to provide litigation hold tracking. This makes it extremely popular among overworked lawyers who struggle to maintain lists of who has been contacted, and whether or not they are meeting their preservation obligations. PSS has a number of large, high-profile customers and a good implementation of a necessary part of the e-discovery process with only a few competitors, including Orchestria and Oracle (Stellent). The fact that PSS is stand-alone makes it attractive for companies that need to manage retention and litigation hold, but are not ready for a larger e-discovery solution. This advantage may turn into a liability as users become ready for more complete solutions. As the market consolidates, we expect that the big vendors on the collection and preservation side will either buy or develop this functionality for themselves.

11 Recommind Recommind is an information access vendor that has had a strong focus on the legal vertical, which has positioned it well for the e- discovery market. Recommind s sophistication in determining document relevancy is significant, and it is particularly qualified to addressed the litigation support and e-discovery needs of law and professional service firms and corporate counsel. Recommind s autocategorization capabilities, along with its conceptual search and entity extraction are important differentiators in this market. The complexity of Recommind s primary relevancy model is balanced by the fact that the software ensures that every document is humanly reviewed before it is produced for court. Its go-to-market strategy in partnering with litigation support and hosted review platform firms will serve it well, and its significant roster of partnerships has increased considerably in the past year, along with its corporate client list. Recommind will be an acquisition target. Symantec Symantec is a platform player that has demonstrated an early understanding of the long-term direction of the market for enterprises. Ultimately, organizations need to find, manage and archive content no matter what it is throughout its life cycle. Meanwhile, these same companies must respond reactively to the demands of the courts and regulators. Both in terms of their vision and their early execution of the tactical solutions that companies want now, Symantec has shown leadership potential. Its leading e- mail archiving product is used in many enterprises and, indeed, since is the biggest problem most companies have right now, Symantec is well positioned to sell early and then build on its success. It has been more agile than its rivals CA and IBM in getting to the market with a solution, in partnering for capabilities it does not have and in buying what it needs. Symantec needs to continue to pay attention to its marketing messages, focusing on its enterprise-class capabilities. 11 Rating: Strong Positive RenewData Primarily a data restoration firm, Renew has taken advantage of the upturn in the discovery market to provide discovery processing and evidence archiving to significantly increase its market presence. There is room in the market for one or two restoration specialists and Renew has decided to focus on that part of its business for both proactive and reactive information management. Forensic restoration is important and clients need to know that there are specialists that can help them do it. Renew has repositioned itself to serve these client needs and Gartner believes that the strategy will serve the company well. Forming the right partnerships to be pulled into deals where someone else is hosting data, for example, will be crucial for its go-to-market strategy. One of two futures await it: it will either dominate this part of the market, or become an acquisition target. Either way, its skills in restoration of data, which is important for both proactive and reactive information management, are increasingly crucial to companies wishing to manage information more effectively. Xerox Xerox Litigation Services competes directly with outsourced service providers, taking advantage of its presence in almost all large corporates. The Xerox brand is very strong in any market that has to do with document processing of any description. Xerox also has a strong reputation for leading-edge software development and research. Its hosted offering is comparable to those from the other big service providers. They rely on other software providers (Oracle and Guidance) for parts of their solution, but its review platform is developed in-house. Xerox has a solid offering that competes with the outsourced vendors, but does not distinguish itself in this group. The size and reputation of the company give it a slight edge over its smaller specialist rivals.

12 12 ZyLAB Founded in 1983, ZyLAB is an information access vendor that has taken advantage of some of its wins in law enforcement and judicial organizations to build out its e-discovery functionality. As an information access offering, ZyLAB is unusually strong in the compliance and legal-discovery categories, with specific process functionality and relevancy modeling intended to attract users. For a comparatively inexpensive vendor, ZyLAB offers rich and flexible content analytics. For the legal discovery market, its support for scanned documents is a differentiating feature. Its enterprise licensing model for all e-discovery modules positions the company to take advantage of an early market for enterprise solutions in an arena that is still largely dominated by the hosted service model and per-gigabyte data processing fees. It is in the Leaders quadrant of Gartner s Magic Quadrant for Information Access Technology, With its law enforcement credentials, technically strong search capabilities and early market penetration, ZyLAB is a strong player on the enterprise collection, processing and culling of information for e-discovery. Although it is a small vendor, ZyLAB s technology, and large and stable customer base will ensure that it will have a place in the e-discovery market. Rating: Strong Positive Vendors Added or Dropped We review and adjust our inclusion criteria for Magic Quadrants and MarketScopes as markets change. As a result of these adjustments, the mix of vendors in any Magic Quadrant or MarketScope may change over time. A vendor appearing in a Magic Quadrant or MarketScope one year and not the next does not necessarily indicate that we have changed our opinion of that vendor. This may be a reflection of a change in the market and, therefore, changed evaluation criteria, or a change of focus by a vendor. Gartner MarketScope Defined Gartner s MarketScope provides specific guidance for users who are deploying, or have deployed, products or services. A Gartner MarketScope rating does not imply that the vendor meets all, few or none of the evaluation criteria. The Gartner MarketScope evaluation is based on a weighted evaluation of a vendor s products in comparison with the evaluation criteria. Consider Gartner s criteria as they apply to your specific requirements. Contact Gartner to discuss how this evaluation may affect your specific needs. In the below table, the various ratings are defined: MarketScope Rating Framework Strong Positive Is viewed as a provider of strategic products, services or solutions: Customers: Continue with planned investments. Potential customers: Consider this vendor a strong choice for strategic investments. Positive Demonstrates strength in specific areas, but execution in one or more areas may still be developing or inconsistent with other areas of performance: Customers: Continue planned investments. Potential customers: Consider this vendor a viable choice for strategic or tactical investments, while planning for known limitations. Promising Shows potential in specific areas; however, execution is inconsistent: Customers: Consider the short- and long-term impact of possible changes in status. Potential customers: Plan for and be aware of issues and opportunities related to the evolution and maturity of this vendor. Caution Faces challenges in one or more areas. Customers: Understand challenges in relevant areas, and develop contingency plans based on risk tolerance and possible business impact. Potential customers: Account for the vendor s challenges as part of due diligence. Strong Negative Has difficulty responding to problems in multiple areas. Customers: Execute risk mitigation plans and contingency options. Potential customers: Consider this vendor only for tactical investment with short-term, rapid payback.

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