Electronic Data Discovery


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Speaker: Tom Kennedy, Director, Clearwell Public Sector Team

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  • Purpose of Slide: Where is the pain being felt for organizations? What is the risk? What are these sanctions based on? Speaker: sanctions – everything from the complete dismissal of claims to monetary fines, spoliation inferences, evidence preclusion, witness preclusion, disallowance of certain defenses, reduced burden of proof, removal of jury challenges, limiting closing statements and supplemental discovery. Judges typically have wide latitude to sanction offending parties, either under their inherent authority to manage cases or under FRCP 37 (in Federal court cases). The severity of the spoliation penalty often is linked to the culpability of the conduct with intentional acts (not surprisingly) faring worse than merely negligent or reckless conduct.
  • As enterprise, government agencies, and law firm develop and define their processes and procedures for handling e-discovery they are looking for one application to support this business process. Symantec is becoming the de facto standard application for in-house e-discovery.Not only does Symantec provide one solutionthat supports the entire archiving and e-discovery workflow, but it provides one application for managing all e-discovery cases across a corporation. Because of this, Legal, IT, HR, Audit, and Compliance teams will all manage their respective e-discovery cases in Clearwell, providing visibility and collaboration across departments.Are any of these business drivers of more importance to you? Do you have any estimates on the average number of cases a year, or average case size? I know it can vary, but is litigation the biggest pain point above? (try to uncover as much pain here to setup the demo)
  • Before we get to the demo, I want to briefly describe how our customers leverage Symantec to support their entire eDiscovery workflow, form start to finish.Let me walk you through a typical scenario of how customers are using our product and we would love to get your feedback. As I mentioned, Symantecprovides single application for the Entire eDiscovery Lifecycle, from information management through review and production. The first step in eDiscovery is establishing an effective information management strategy. Our customers proactively address this area to ensure they have rapid access to critical data: this is called litigation readiness in the legal world, but its just as important in compliance and investigations. They use Enterprise Vault to archive all their critical data sources in addition to journaling key custodians, which means, when a case hits, they know exactly where to go to get the data they need. Then they will automatically classify data using Enterprise Vault’s Data Classification capabilities. They will also create appropriate retention management policies so they can expire data according to policy and delete confidently. This not only reduces storage costs, but it reduces legal risk down the road.Next, once a case hits, your legal team would use Clearwell to create and notify all of their custodians on their duty to preserve, with a survey that asks them questions about the case, the whereabouts of potentially relevant data, and other custodians involved. Then using that information and knowledge of where data resides in your organization, IT uses Clearwell to collect from a variety of custodians. They use the interactive data map to target specific custodians and data sources and then perform a targeted data collection and store the collected data in a specified repository. Clearwell provides the ability to take keywords provided by legal or IT and perform targeted keyword based collections, which reduces downstream e-discovery costs. After collection, our customers perform pre-processing where they de-NIST their data, and filter by custodian, date range, and file type prior to processing to reduce data volumes. They audit their collections and perform “gap” analysis using our analytics. They also use statistics generated in this phase to predict downstream e-discovery costs and timeline. Then our customers will de-duplicate and process the data at rates of 1TB a day, which allows them to get access to the case facts immediately. The volume of data is reduced during each stage, but our customers find the most dramatic data reduction typically and users during the search, cull-down, and ECA phase. Here they’re filtering by domain, senders & recipients, language, etc. and performing interactive and defensible searches.Next our customers take their responsive documents, and, with the click of a mouse, switch to a full, totally optimized review module featuring an integrated Native Viewer so they don’t have to load any applications on their workstations. This is where they review, tag, and redact their documents and push them towards production, either in native, pdf, or TIFF formats. If there are productions from opposing counsel or third parties, they will import those as well to consolidate all case data in one application for review. Then, they’ll export or produce the data for the court or opposing counsel. Finally, One key advantage of Clearwell is that it provides detailed reporting at every stage of the process and flexible case managements capabilities. General counsel has a single dashboard to track the status of all cases in the organization, across all phases of eDiscovery. By performing this entire workflow with Symantec’s integratede-discovery solution, our customers can easily iterate between phases based on changes in keywords, date, range, or custodians for example, at any stage. This provides more visibility and control of data, eliminates the need to export data manually between tools, reduces the cost and time of the e-discovery, and provides greater defensibility.
  • Here are some examples of how organizations can improve information governance by combining common classification technology and our leading products:Classify information for retention, supervisory review, and discoveryApply common policies to attorney-client privileged information for data loss and retentionSearch backups and archive, hold in place at the file-level for eDiscoveryIdentify potential custodians for eDiscovery based on file usage dataApply classification to files for use in eDiscovery collectionUse technology assisted review results for future data classification
  • Start managing information and eDiscovery in as little as one day on-premise or in the cloudStart archiving communication data sources in minutes with Enterprise Vault.cloud. Symantec Enterprise Vault uses a convenient wizard-driven installation that allows for self deployment.Legal users and investigators are immediately productive and able to conduct legal hold notification, search, analysis and review with little to no trainingA seamless end-user experience that is non-disruptive to business activity during archiving and collectionFlexible deployment options with rapid implementation on-premise software, hosted, or in the cloudNote on Clearwell in the cloud: Clearwell does not currently have a public cloud deployment option like vault.cloud, however Clearwell can be deployed onsite, virtual appliance (private cloud).
  • Symantec also enables corporations to streamline their eDiscovery process making resources more efficient and saving significant time per case. Rather than scrambling to identify the various data sources, tracking legal holds manually in a spreadsheet, collecting broadly, analyzing documents individually, and reviewing in a slow and linear manner, our customers are using Symantec to:Centrally manage and index repository to easily search and access documents pertinent to eDiscoveryPerform rapid targeted collection across all essential data sourcesConduct collection, processing, analysis, review and production in one application, eliminating time consuming movement of data between toolsAnd,Accelerate early case assessment from weeks to hours using advanced search and analytics to quickly understand case factsIn fact, Jonathan Chow, CISO at NBC Universal, shared some of their metrics with us that he’s used internally to show the value of Clearwell. For an investigation on 150GB of data, it used to take NBC 10 days to process all the data and find the documents they were looking for.Since implementing Clearwell, they are able to process the data, analyze the documents, and identify all critical evidence in under 2 days, leading to a time savings, fro his team, of 8.5 days per case. He jokes that his staff actually spends time with their families now because of Clearwell .
  • Talk to Technology Assisted Review
  • Electronic Data Discovery

    1. 1. Symantec Archiving & eDiscovery Delivering Intelligent eDiscovery Tom Kennedy Director, Clearwell Public Sector TeamSymantec Archiving & eDiscovery 1
    2. 2. Agenda 1 Why is E-Discovery Relevant? 2 The Bigger Picture: Information Governance 3 Federal Case Studies 4 All E-Discovery is not the same (Demo) Symantec & Clearwell Better Together 2
    3. 3. Growth In E-Discovery Driven By Growth In Electronically Stored Information (ESI) “The amount of digital information increases tenfold every five years”Source: The Economist, February 27th 2010
    4. 4. User-Generated Written Record ProvidesNew Visibility Into The Truth
    5. 5. eDiscovery Sanctions are Increasing Sanctions at an all-time high: up 271% since 2005 Damages awarded were as high as $8.8 million Most common misconduct was the failure to preserve Counsel sanctions have steadily increased since 2004
    6. 6. But There’s A Catch: Information Overload Large volumes of ESI exist, but… …how can I zoom into the tiny fraction of information that’s relevant?
    7. 7. E-Discovery Has Become A Business Process Investigations OIG Legal HR Compliance by Congress Investigations Civil and People issues, Information into fraud & criminal court inappropriate requests, FOIA requests abuse proceedings use subpoenas Electronically Stored Information (ESI) Email Servers Archives Desktops File Servers SharePoint Cloud Social Media
    8. 8. Symantec Provides the Platform for this BusinessProcess Forensics/ Legal HR Audit Compliance Security Symantec provides the eDiscovery platform for enterprises, governments, and law firms. Electronically Stored Information (ESI) Email Servers Archive Desktops File Servers SharePoint CloudSymantec Archiving & eDiscovery 8
    9. 9. The Typical eDiscovery Process is Disjointed & Risky● Manual - Emails & Spreadsheets ● Linear Review ● Review and Produce to Outside Counsel ● Data Collection ● Ship to Outside Counsel, or ● Process, ● Ship to Vendor de-duplicate and blind keyword filteringSymantec Archiving and eDiscovery 9
    10. 10. Clearwell Provides a Repeatable & Defensible Process Preservation Identification Pre- Analysis Review & Legal Hold & Collection Processing Processing Production ● Automated Legal ● Network Based ● Predictable Costs & ● Early Analysis & ● Faster & More Hold Collections Timelines Easy Filtering Accurate ReviewLit Hold Templates Data Mapping Case Evaluation Early Case Assessment Intelligent ReviewSurvey Templates Custodian Interviews Auto- Filters Transparent Search Strategic Advantage Symantec Archiving and eDiscovery 10
    11. 11. Maturity ModelStreamlining the FOIA Process 11
    12. 12. Agenda 1 Why is E-Discovery Relevant? 2 The Bigger Picture: Information Governance 3 Federal Case Studies 4 All E-Discovery is not the same (Demo) Symantec & Clearwell Better Together 12
    13. 13. Information Governance Survey ResultsHow much do you associate each of the following activities with the concept of information governance? – Email/Records retention (82%) – Data storage (82%) – Data security & privacy (80%) – Compliance (78%) – eDiscovery (74%)How associated with information governance are each of the following departments within your organization? – Legal (75%) – Compliance (75%) – Records Management (71%) – IT (68%) – Other (55%) 13
    14. 14. Single Solution for the Entire eDiscovery Lifecycle Lifecycle Reporting & Case Management Classification Journaling, & Identification Processing & Review & & Retention Legal Hold Archiving & Collection ECA Production ManagementSymantec Archiving & eDiscovery 14
    15. 15. An integrated approach to information governanceClassify information Common Search backups Identify potential Classify files for Use technology for retention, policies for and archive, custodians for use in eDiscovery assisted reviewsupervisory review, attorney-client and apply legal eDiscovery based collection results for and discovery privileged holds at the on file usage data future data information to file-level for classification prevent data eDiscovery loss and for retention Symantec & Clearwell Better Together 15
    16. 16. Gartner leadership across Archiving and E-Discovery Source: Gartner (October 2010, May 2011) 16
    17. 17. Start Archiving and eDiscovery as Soon as One Day On Premise Cloud HostedSymantec Archiving & eDiscovery 17
    18. 18. Agenda 1 Why is E-Discovery Relevant? 2 The Bigger Picture: Information Governance 3 Federal Case Studies 4 All E-Discovery is not the same (Demo) Symantec & Clearwell Better Together 18
    19. 19. Thank You To Clearwell’s Public Sector Customers
    20. 20. Case Study: US Government DepartmentWorkflow• Agency Profile: – 100,000+ employees – 16,000+ FOIA requests each year – Growing backlog of unresolved requests Process Review and Produce and Collect Data Search Request Redact Close Receive request Visibility into data Deduplicate data Perform redaction Multiple volume for cost of personally production options Process and assign estimation Perform targeted to FOIA analyst keyword searches identifiable including redacted Collect from information TIFF/PDF Determine if Exchange, Single search delinquent on interface for over Capture exemption Treatment of OpenText archive, codes metadata FOIA request SharePoint 400 file types payments including PST/NSF Generate an index Filter to only email that can be used relevant as a Vaughn index informationStreamlining the FOIA Process 20
    21. 21. Case Study: US Government DepartmentResults Average Search Time Per FOIA Request 2 hours 41 minutes Before Clearwell Average Efficiency Gain with Clearwell 1 hour 2 minutes 61 percent After Clearwell Hours 1 2Streamlining the FOIA Process 21
    22. 22. Case Study: US Government DepartmentResults• More than 50% improvement in time to complete a FOIA response• Reduced FOIA backlog by 80% 2006 2007 2008 2009 2010Streamlining the FOIA Process 22
    23. 23. Case Study: Federal Civilian Agency Identification Early Case Review & Pre-Processing Processing & Collection Assessment Production 79,683,872 Docs 79,683,872 Docs (7.9 TB) (7.9 TB) Cost Savings on a Single Case with Clearwell Data processed 8,338,070 Docs (833 GB = 89% Cull) $2,112,425 $ 179,694 (92% Reduction) Processing Cost Processing Cost without Clearwell with Clearwell $2,345,000 $187,425
    24. 24. Streamline to Meet Court and RegulatoryDeadlines eDiscovery Case Timeline 10 Days Traditional Process Scramble to Track legal Analyze Collect Review ID data holds docs broadly linearly sources manually individually “Symantec has clearly made the existing resources more efficient in 1.5 Days performing their work and enabled them to handle more than we have a right to ask of them. With Symantec my team is significantly more productive than it was before.”AutomatedProcess with Symantec Days 2 4 Deadline 6 8 10Symantec Archiving & eDiscovery 24
    25. 25. Agenda 1 Why is E-Discovery Relevant? 2 The Bigger Picture: Information Governance 3 Federal Case Studies 4 All E-Discovery is not the same (Demo) Symantec & Clearwell Better Together 25
    26. 26. Not all E-Discovery is the same• EDRM in a box---all phases in single application• Advanced Search capabilities—Transparent Keyword and Concept Search• Advanced Analytics--- Filtering and Discussion Analysis• Find Similar and Find Different• Full Tagging and Redaction capabilities• Full portability---hundreds of ingestion and export/production optionsPresentation Identifier Goes Here 26
    27. 27. Why Federal Agencies Use Clearwell 1. Combines Risk Reduction with compelling cost savings 2. Ease of Use and Intuitive Interface 3. Market Leader in the Federal Space 4. Visionary with workflow-based Intelligent Review and ECA 5. Defensibility and chain of custody 6. FOIA and Congressional Inquiry applications 7. Single Application for Entire E-Discovery Lifecycle
    28. 28. Thank you! Tom Kennedy Tom_Kennedy@symantec.com Copyright © 2010 Symantec Corporation. All rights reserved. Symantec and the Symantec Logo are trademarks or registered trademarks of Symantec Corporation or its affiliates in the U.S. and other countries. Other names may be trademarks of their respective owners. This document is provided for informational purposes only and is not intended as advertising. All warranties relating to the information in this document, either express or implied, are disclaimed to the maximum extent allowed by law. The information in this document is subject to change without notice.Symantec Archiving & eDiscovery 28
    29. 29. For more information… VISIT OUR BLOGwww.clearwellsystems.com/e- discovery-blog eDISCOVERY PRODUCTS AND SOLUTIONS www.clearwellsystems.com/electronic-discovery- Products/index.php 29