Webinar Q&A Featuring Panelists from Office 365 and X1

During the webinar, How to Use Office 365 and X1 Discovery to Achieve Your Team’s eDiscovery Goals, the audience asked a lot of great questions. Panelists Rachi Messing (Microsoft), John Patzakis (X1 Discovery), moderator Rafe Stanley (D4) managed to weave in quite a few pre-registration questions into the content of the webinar, and they answered many of the live questions before the hour was up. Here’s a recap of the interactive discussion through the webinar. 

1. Who is in control of the data in Office 365?

Rachi Messing: It used to be really obvious that when the data was on premise, that even though Microsoft was supplying the applications, but the data was in the hands of the clients. Today that question gets asked a lot, because now that it’s in the data centers and in the cloud that Microsoft controls and uses for enabling Office 365. And the answer to that question is still the client. We believe we are the stewards of the data, we are simply holding onto the data. The clients themselves are the owners of the data and they are in control. They determine who has access to that data and where that data is going to be able to live. 

2. Is there a migration process to pull in legacy data to the Office 365 cloud?

Rachi Messing: There are migrations possible. You can do things yourself, self-service by uploading data either over the network or by using dry shipping where you’ll copy over the data onto a hard drives and ship it over to our data centers. For that migration, there is also a number of different partners that can help. For example, X1 through their technology can help gather that data together to enable that migration. And partners, like D4, are helping from the service side and managing and really enabling that migration to happen. So you have all different types of functionality to allow you to do it. One of the nice things about the cloud, as opposed to on premise and worrying about storage costs, you basically have unlimited storage included in your Office 365 licensing if you are on an enterprise license level. 

So you’re able to do things like take your PST files that people have been gathering together on their laptops, external hard drives, and other various devices and bring them all into the archives so that way they are in a single place from a corporate compliance perspective. You’re then able to search in those at one time manage them and from the end user perspective. That data becomes always available no matter where they are, they are able to search it from any device including an iPhone, Android device no matter where it is. They are able to access the online archives to search that data wherever it might be and they don’t have to worry about the external hard drive dying so they don’t have to worry about losing the external PSTs that they’ve copied on there. 

3. Where can I go for resources to answer questions and improve searches?

Rachi Messing: We do offer a number of different things to help people be comfortable with the changes, including our public road map that we publish at roadmap.office.com that will always have the various different features. The users also have control over how early they get the applications. Do they want to be on the first release? Or do they want to wait until the applications have been out there for a few months? So having that control is really important. 

The last piece is that we work very closely with our Office 365 compliance partners, like D4 in order to make sure they have access to the information as quickly as possible where they are able to help their clients understand what’s coming. 

4. What are the search term capabilities in Office 365?

Rachi Messing: As soon as data touches the system it gets indexed, allowing people to get in and really dig into the different data sources as soon as possible. The searching itself allows you to do all of the searches that you would typically find in an eDiscovery application, so things like proximity searching, and returns up to 250 hits. The searching itself allows you to do all of the searches that you would typically find needed in an eDiscovery application, so things like proximity searching, and being able to dig into the data in various different ways. And then when you’re ready to take the data out you have various different options like the native export, export with analytics that I’m able to do to understand that data, as well as working with our technology partners who enable you to actually take that data and move it into review tools as quickly as possible. 

5. Will Office 365 OCR and index items brought in that don’t have text in them? For example, PDFs, TIFFs, image only files?

Rachi Messing: Office 365 by itself will not. However, the advanced compliance license is specifically for eDiscovery data governance features, and E5 brings in those features as well. If you do have either the compliance skew or the E5 skew with advanced eDiscovery, it will OCR any of the images. Today it’s not doing PDFS but that’s coming in the next 2 months. 

6. Can you exclude file types and data from the eDiscovery lifecycle? For instance, can you exclude Skype messages, or yammer pages?

Rachi Messing: Yes absolutely. You got the granular control to go in and actually say which types of data you want or may not want to have, you can even do things such as apply retention policies to specific users, groups, people in different areas as well as being able to do things such as retention based on keywords and sensitive data types based off of automated labels you can apply. There is all types of you can manage that based on file types or even extensions. 

7. What type of licensing is needed to apply the predictive coding and analytics features within Office 365?

Rachi Messing: That is part of the advanced eDiscovery. You need to have either an E5 license or E3 with an advanced compliance skew.

8. Should organizations that use Office 365 expect eDiscovery to become an internal IT task? For large organizations this might not be an issue as they have appropriate in-house expertise, but what happens for smaller organizations with just general IT, or a fully outsourced IT program?

Rachi Messing: We look at it as we are trying to enable it so that IF a company wants to do their own preservation, data governance and eDiscovery, that they can go ahead and do that themselves. But if they feel that they’re not capable of doing it themselves, or in a lot of cases they don’t want to do it themselves, they might evaluate it from a risk perspective, we also enable ways that outside counsel or service providers like D4 to come in and actually perform these functions for them in a managed services type of way. 

9. What type of relationship does the Security and Compliance center have with X1 Discovery? How can you employ these tools together?

John Patzakis: We have right now, just kicked off our partnership with Microsoft, but we have a really seamless ability to conduct migrations into Office 365 from non eDiscovery process. We also have a universal load file, so the idea would be to take these collections with X1 which are pulled at the time of collection across all of these data sources and then be able to import them into advanced eDiscovery platform. So stay tuned there, we should that functionality in the next 90 days, we are working on it on the X1 side. More to come there. 

10. Can X1 search the deleted files on forensic images?

So X1 distributed discovery is designed to go after active user data, so they are not at a level of a forensic imaging tool that’s going to go after unallocated and slack space and so forth. 

John Patzakis: As the lawyer on that, an eDiscovery deleted files are considered inaccessible data. A lot of times lawyers and general counsel actually don’t want eDiscovery tools to recover deleted data because then it legally makes inaccessible data, accessible. So we are really corely focused on information governance and eDiscovery. Although when the data is collected as I mentioned before, all metadata is kept intact and there is a change of custody so we do have sound component at the file level, but as Mel said we are not recovering the file slack and unallocated clusters. [John Patzakis]

11. How does X1 Distributed Discovery platform handle password encrypted or otherwise embedded files?

John Patzakis: They are identified in the X1 platform, which allows you to do specific searches to collect them and run them through additional workflows to go in and maybe unencrypt them or break the passwords on them. But X1 distributed discovery is able to identify them and in the workflow collect them for additional work flow process.

12. Does X1 have a test environment to play around with the software?

John Patzakis: So we can certainly work with the clients to set up a test environment in-house. We don’t have any type of sandbox live on the internet, but we work with many customers to set up test environments in their labs and would be more than happy to assist with that. [Mel X1]

Attract & Retain Top Talent

With a rapidly changing industry, it's vital to offer the right compensation and set the right expectation. With our Salary Guide, get detailed job descriptions, industry insights and local salary data to equip your managers with hiring confidence and expertise.

Get your copy »

Get email updates about more content like this.


| Next articles in The Column blog |

Get the foundation you need to hire the best legal talent.

Request your copy of our 2021 Salary Guide »