Advertisers, Lawyers, Venture Capitalists and the future of Social Media

Just as advertisers and lawyers finally learn to adapt to Social Media, the brightest Venture Capitalist in Silicon Valley, the same minds who gave birth to Yahoo, Google, Facebook and Twitter, are feverishly crafting a more fearsome spawn — Groups.

Advertisers, Lawyers & Content

Great waves of Content swamp Advertisers & Lawyers but don't impact Groups

Advertisers & Lawyers should Fear Groups

 

In the Great Wave Off Kanagawa

1. Advertisers Spend Client Money to Push Huge Content Waves

In the heyday of old Media advertisers spent a lot of client money attempting to deliver customers to their clients and while they may have understood that half of their budgets were being wasted they didn’t know how to measure which half.

2. Lawyers Spend Client Money to Sort through Huge Content Waves

Despite the fact that very few documents are useful or admissable, lawyers are compelled to launch high cost and generally low ROI eDiscovery projects by their need to minimize Risk for their firm and their clients.

Groups will add considerable Risk to Advertisers and Lawyers.

Can technology save advertisers and lawyers?

  

 

IBM Watson SuperComputer

No GROUP Access but IBM Watson Supercomputer Trumps 'humans' in Jeopardy

WATSON

Watson, recently highlighted in Jeopardy, is IBM’s latest and fastest computer and amazing when it comes to ‘reasoning’ and the mining of concepts and text. Watson may rule content and Jeopardy but is ineffective if members of trusted groups deny access to Watson because it is not in the ‘circle of trust’.

Groups Disrupt Advertising & Legal Models

If you haven’t already guessed ‘Groups’ is actually a class of software tools that facilitates the create of digital spaces where groups of people interact, get work done and then disband.

The impact of Groups on content creation, measures and trust is what advertisers and lawyers should fear.

Groups of ‘trusted’ members make it extremely difficult for advertisers to to deliver any content unless it is pulled in by a trusted group member. Regardless of the type of work done by the group, it is simultaneously a consumer, broker and creator of content and measures and effectively disrupts advertising business models.

eDiscovery in small trusted groups will be virtually impossible unless a group member surrenders all of the group content to lawyers which itself may be contradictory private non-disclosure contracts now used by lawyers to negotiate settlements or to privacy laws.

An interesting legal conundrum.

To understand the future of Groups we must start in Silicon Valley.

Silicon Valley Re-Engineers Evolution

In Silicon Valley venture capitalists influence corporate profits by shaping manufacturing and content creation standard to ensure the products they take to market are successfully propelled forward by a ‘matrix’ corporations much like a swarming brood that decends upon unsuspecting markets like billions of locust.

For those that may not know why Silicon Valley matters…

Quick History of Silicon Valley

Fields and groves of trees were soon overwhelmed by factories serving military and commercial manufacturers and the birthplace of venture capital innovation that powered; HP, Intel, Cisco, Microsoft, Apple, Yahoo, the Internet browser, Google, LinkedIn, Facebook and Twitter, and other well known corporations.

Silicon Valley is the heart of the Internet.

Quick History of the Internet

During the cold war the US military feared Russian missles and connected military and university computers to assess target risk. Complex calculations of potential missle flight paths were shared by many computers to speed up response analysis.

Shortly afterwards linked computers began to share email, exchange files and porn–the blueprint for the modern internet was born.

Venture Capitalists, Groups, Content and Trust

The internet perceived by most people when they view a browser is actually the world wide web or www and a small proportion of the ‘real internet’. Shortly after Netscape create the first visual brower Yahoo created the first highly successful commercial portal which was essentially a combination of a digital Yellow Pages and a business card listing.

Advertisers quickly determined that advertising budgets were better spent on Yahoo and a few years later Google helped get more advertisers to the internet by convincing more people to create content that would provide them ‘free’ advertising–the SEO model was born a few years later.

Evolution of Revolution

Yahoo was about people wayfinding in a huge directory and Google was about search optimization across millions of web sites though this caused stress to Venture Capitalists who needed more opportunities to provide Wall Street with opportunities for selling stocks of IPO’s or new companies going to the stock market.

Venture Capitalists saw that Google carved an private island inside the world wide web where corporations could advertise to people. VC’s then determined that offering people tools to advertise to each other would be event more profitable and soon formed the ‘social media’ islands where people joyfully spammed friends that were turned off by increasing amounts of spam delivered by search engine spiders and the advertisers that fed them. People were friendlier.

Group Tools that Rule

Twitter and Posterous are two of the three Group tools that I believe will lead the way to creating new opportunities and problems for advertisers and lawyers.

How do I know this?

Twitter allows members to follow or block other members en masse or create ‘private’ groups by combining features like lists, direct messages and # tags.

Posterous has recently announced a Groups focus which is extremely interesting as our success with Posterous is significant since we received 1,000 predictive analytics content ‘hits’ in 1 week for highly focused content by using the same Twitter-like Resonance technology used to synchronize 1,000 bloggers via simple Marketing Service Level agreements.

What is the third group tool that rules? Asana, at least for now.

Explore & Exploit Opportunities in Groups

Our experience includes the facilitation self-forming groups to deliver accelerated learning while simultaneously crafting trusted content focused Content and Web Strategies as well as Scenario, Business and Predictive Analytics.

Advertisers or Lawyers would benefit from our ability to align people, content, products or purpose, especially our combined use of Twitter, Posterous and other Social Media platforms combined with our accelerated group content facilitation.

Cheers,

Nick Trendov

@eDiscovery_ nick@scenario2.com @SpeedSynch @ResonantView

Law Firms carry big Risk #IN Outsourced E-Discovery Supply Chains

Law firms may soon discover the big risks embedded in outsourced E-Discovery supply chains, the ones that promise really cheap E-Discovery, the same risks that clients of IT outsourcers currently suffer from horribly;

  •  Project times and risk exposures are increased by an ambitious desire to push higher volumes off-shore.
  •  E-Discovery projects that start from ‘atomic’ data  perspectives to create inflexible project specifications that deliver low cost answers to the wrong questions or don’t attain the value promised as client or work requirements or objectives seem to change many times before project completion.
  • Global E-Discovery outsourcers’ software ‘lock-in’ processes ill-suited to the work at hand. 
  •  Privacy issues linked to documents bound by multiple jurisdictions, contractual or moral charges.

Good News for Smaller E-Discovery Practices

The good news for law firms with smaller E-Discovery practices is that some of the largest law firms have locked in contracts, one recently in excess of $500,000,000.  Long term contracts with global E-Discovery supply chain partners virtually eliminates the benefits of constant innovation with new processes, new software or the ability to exploit positive changes in E-Discovery trends shaped by concepts like Proportionality or Mediation.

E-Discovery focus on Global Economies of Scale

 

Indeed the specific design of E-Discovery ‘factories’ offered by E-Discovery outsourcers include products from database vendors or specialized E-Discovery software to cut costs.  However this ‘factory’ must be feed with high content volumes and associated processes that may actually later add costs to the discovery process but must be executed for the factory to function.

 

Speeding Up E-Discovery

 

We employ proven Semantic technology and Content Resonance innovations to facilitate, enrich or accelerate E-Discovery and uncover hidden value during the discovery process.

 

Contact us about speeding up E-Discovery projects or getting more value from your E-Discovery investments.

 

Cheers,

Nick Trendov @SpeedSynch nick@scenario2.com

Content Resonance Rules #IN Legal E-Discovery 2.0

The legal profession is wrestling with data and information overload to meet legal E-Discovery obligations and client expectations and may be able to benefit from significant advances provided by Social Media platforms and Content Resonance.  

Do your clients need cost effective discovery or do they want you to run an E-Discovery Factory?

E-Discovery and Out of Control Costs

“Electronic discovery (or e-discovery, eDiscovery) refers to discovery in civil litigation which deals with the exchange of inform ati on in electronic format (often referred to as Electronically Stored Information or ESI).[1] Usually (but not always) a d i g i tal forensics analysis is performed to recover evidence. A wider array of people are involved in eDiscovery (for example, forensic investigators, lawyers and IT managers) leading to problems with confusing terminology.[1] from Wikipedia

Simply put discovery related to civil litigation is very costly and in our experience the costs may be decreased significantly by shifting the discovery approach away from what I described as a 50 year old factory at a recent IADC event.  The tendency for E-Discovery vendors to approach discovery with a data warehouse and Business Intelligence concept is even more troubling, though it provides even more opportunity to innovators who will come from other professions to boost E-Discovery value and cut costs.

Factories are built to create a product that has been designed precisely and the objective of the factory is efficiency and maximizing the ROI or return on investment in the factory by selling the products manufactured. 

The product is secondary to factory investors.

Vendors Shift focus from Discovery to Software Factory

E-Discovery software vendors offer compelling arguments and documents to justify ROI or return on investment to law firms or corporations so that they feel good about buying a factory that is not designed to create a specific product. 

Indeed the specific design of E-Discovery ‘factories’ offered by traditional database vendors or E-Discovery application providers use software to facilitate or accelerate manual processes add costs to the discovery process but must be executed for the factory to function.

Now we look at how Social Media platforms deal with content to explore opportunities for law firms or corporations around E-Discovery innovation.

Social Media and Content Resonance

The concept of resonance is usually connected with sound though it is a relationship between sound and a RESONATOR that is a container.  As sound enters the container’s space its natural resonance, the frequency at which it vibrates at a sub-atomic level, is influenced by the sound.

When sound vibrates at the same frequency of the container it resonates with it to augment its natural frequency whereas sound of a different frequency modifies or dampens the container’s natural frequency.  The same happens to content as it travels in and between Social Media platforms or the Internet.

Content resonance creates significant value with two quite distinct uses;

  • Navigation — content helps people find things and is expendable afterwards
  • Learning — content helps people learn and becomes less valuable afterwards

Content Resonance and E-Discovery 2.0

To illustrate the use of content resonance to quickly improve the speed and quality of discovering relevant documents we chose a clear and simple article from SLAW to;

  1. Create a SpeedSynch Resonance Map
  2. Direct Yahoo to find documents of similar ‘resonance’

SpeedSynch Resonance Map for E-Discovery 2.0 Search

Looking for content on the internet to match a particular document pattern is like looking for documents in an E-Discovery process, so many documents and so little time and creating a resonance map or pattern of a target document helps us find documents that traditional searches cannot uncover. 

Note that resonance maps complement tradtional search by finding content that cannot be described precisely but rather by the phrase ‘show me something like this’ or with the use of semantic algorithms where ‘any words used in similar spaces share meaning’.

SpeedSynch Resonance

Legal E-Discovery and SpeedSynch Resonance Maps

 

We then create a resonance based query which Yahoo processed to return the results below after searching its internet index where the top 50 documents closest to the Slaw article E-Discovery\SLAW E-Discovery and Data Dumps.pdf were selected and finally the 8 results below or the cream of the crop were summarized and delivered.

24   Frost Brown Todd – Publications – Court Finds Waiver of Attorney-Client Privilege & Work Product, Notwithstanding 2006 Amendments to Federal Rules of Civil Procedure

 Court Finds Waiver of… Attorney-Client Privilege & Work Product,… amended rules, the defendants waived privilege… had begun with production of paper documents… and undertook to review ESI materials for… searches for 70 keywords, plus a review…

http://www.frostbrowntodd.com/news_ca_dibertjune08/

23   Trial Court Violated Attorney-Client Privilege by Ordering In Camera Review :Electronic Discovery Law

Wholesale Corp. Superior Court, S163335 (Cal. Electronic Discovery Law Firm : K&L Gates : Electronic Discovery Court Violated Attorney-Client Privilege by Ordering In

http://www.ediscoverylaw.com/2009/12/articles/case-summaries/trial-court-violated-attorneyclient-privilege-by-ordering-in-camera-review/

23   Document Review « Bow Tie Law’s Blog

Knotty Issues of e-Discovery D4 LLC: SmarterDiscovery The Producing Party claimed they had… rolling agreement to review and produce discovery… followed-up with a motion to compel the original… The Defendants hired a 30 person…

http://bowtielaw.wordpress.com/category/document-review/  

21   Finding Waiver of Attorney-Client Privilege and Work Product Protection, Court Orders Production of Attorney Notes of Employee Interviews Concerning Intel’s Compliance with Evidence Preservation Obligations : Electronic Discovery Law

In re Intel Corp. decision, the district court adopted the Special K&L Gates LLP Protection, Court Orders Production of Attorney Notes… with Evidence Preservation Obligations marketing group employees with instructions…

http://www.ediscoverylaw.com/2008/06/articles/case-summaries/finding-waiver-of-attorneyclient-privilege-and-work-product-protection-court-orders-production-of-attorney-notes-of-employee-interviews-concerning-intels-compliance-with-evidence-preservation-obligations/

 14   Data Dumps: The Bane of E-Discovery — Slaw

Slaw is a cooperative Canadian Canadian Forum on Civil Justice Is Moving to York… Nelson and John W. been in private practice ever since. Data Dumps: The Bane of E-Discovery

http://www.slaw.ca/2010/11/26/data-dumps-the-bane-of-e-discovery/  

 12   : Attorney-Client Privilege : North Carolina Business Litigation Report

North Carolina Business Litigation Report : North Carolina Business Litigation Lawyer… About This Blog Home > Attorney-Client Privilege > onclaimed grounds of privilege. North Carolina”s District Courts… http://www.ncbusinesslitigationreport.com/tags/attorneyclient-privilege/

 11   E-Discovery Bytes : E-Discovery Lawyer & Attorney : Quarles & Brady Law Firm : Electronic Discovery, Data Preservation, Conversion, Computer Forensics

Common themes
COURT, COURT ELECTRONIC DISCOVERY, E-DISCOVERY, PRODUCTIONE-Discovery Bytes : E-Discovery… Brady Law Firm : Electronic Discovery, Data Preservation,… Archives Ninth Circuit”s Court of Appeals retreated… Tags: BALCO, Case Law,… Trackbacks //ediscovery.quarles.com/

 11   Law Practice Today | The Attorney-Client Privilege and the Amended Federal Discovery Rules

Common themes
ATTORNEY, ATTORNEY-CLIENT, ATTORNEY-CLIENT PRIVILEGE, COURT, LAW PRACTICEmanagement,federal rules, attorney-client, privilege, federal discovery rules, discovery,… and privilege waiver. http://www.abanet.org/lpm/lpt/articles/mgt12062.shtml

Resonance and Hidden E-Discovery Value

The results above clearly provide multiple perspectives of E-Discovery inferred in the SLAW E-Discovery article which would have never been found with traditional searching techniques.

Application of Resonance Pre and Post E-Discovery

We have applied the concept of resonance for over five years to deliver value to corporations and our learnings may be applied to E-Discovery quickly because of the common processes and approaches that are promoted by E-Discovery vendors and appear to be employed within E-Discovery projects, the notion of the factory, 50 years ago.

Call us to see how Resonance and Social Media platform innovation in content navigation may help you.

Cheers,

Nick Trendov @SpeedSynch

%d bloggers like this: