AIIM Ottawa - Stephen Ludlow - eDiscovery in Canada

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Presentation from Stephen Ludlow, OpenText, on eDiscovery trends in Canada. For AIIM Ottawa (First Canadian Chapter) May 16, 2011

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  • Legal Department budgets are shrinking (see CFO) and in-sourcing eDiscovery activities is a way for the Legal Department to do more with lessPressure at the CEO level to reduce the risk of huge costs and risks, including reputational riskLegal budget is the biggest source of uncontrolled operational spendInitially, Legal was forced to rely on expensive outside vendors (and many still do)More recently, the burden of collection and legal hold has been transferred to ITIT generally bears the greatest burden in responding to eDiscovery requestsThey are typically responsible for collection and preservation at the request of the legal departmenteDiscovery is an activity that is not part of the regular duties and planning cycles for IT
  • JBGain Control of information growth through archiving and disposition - Discuss the requirement to classify what is a business record and what is transitoryIn-source eDiscovery activities to reduce costs - Defensibly Perform Litigation Holds to reduce risk of court fines and sanctions
  • Now we can gain the benefits of archiving for a large volume of previously unmanagerd content
  • Now we can gain the benefits of archiving for a large volume of previously unmanagerd content
  • get rid of risk content, reduce storage costs AND most importantly reduce the amount of content that needs to be looked at for eDiscovery
  • Only thing worse than having no policy if having policy that nobody follow
  • get rid of risk content, reduce storage costs AND most importantly reduce the amount of content that needs to be looked at for eDiscovery
  • Open Text Solutions Reduce the amount of content that has to be review by:1 - Reducing the over all amount of content in the enterprise through consistent application of RM/IM retention and disposition - this is the basis of Proactive eDiscovery2 - Search oriented Preservation and Collection - Targeted preservation and collection through Federated Search as opposed to whole-sale preservation and collection of information through imaging to hard drives, files shares, etc. 3 - Ability to deduplicate email, attachments, etc.
  • Open Text Solutions Reduce the amount of content that has to be review by:1 - Reducing the over all amount of content in the enterprise through consistent application of RM/IM retention and disposition - this is the basis of Proactive eDiscovery2 - Search oriented Preservation and Collection - Targeted preservation and collection through Federated Search as opposed to whole-sale preservation and collection of information through imaging to hard drives, files shares, etc. 3 - Ability to deduplicate email, attachments, etc.
  • Open Text Solutions Reduce the amount of content that has to be review by:1 - Reducing the over all amount of content in the enterprise through consistent application of RM/IM retention and disposition - this is the basis of Proactive eDiscovery2 - Search oriented Preservation and Collection - Targeted preservation and collection through Federated Search as opposed to whole-sale preservation and collection of information through imaging to hard drives, files shares, etc. 3 - Ability to deduplicate email, attachments, etc.
  • Open Text Solutions Reduce the amount of content that has to be review by:1 - Reducing the over all amount of content in the enterprise through consistent application of RM/IM retention and disposition - this is the basis of Proactive eDiscovery2 - Search oriented Preservation and Collection - Targeted preservation and collection through Federated Search as opposed to whole-sale preservation and collection of information through imaging to hard drives, files shares, etc. 3 - Ability to deduplicate email, attachments, etc.
  • Open Text Solutions Reduce the amount of content that has to be review by:1 - Reducing the over all amount of content in the enterprise through consistent application of RM/IM retention and disposition - this is the basis of Proactive eDiscovery2 - Search oriented Preservation and Collection - Targeted preservation and collection through Federated Search as opposed to whole-sale preservation and collection of information through imaging to hard drives, files shares, etc. 3 - Ability to deduplicate email, attachments, etc.
  • Open Text Solutions Reduce the amount of content that has to be review by:1 - Reducing the over all amount of content in the enterprise through consistent application of RM/IM retention and disposition - this is the basis of Proactive eDiscovery2 - Search oriented Preservation and Collection - Targeted preservation and collection through Federated Search as opposed to whole-sale preservation and collection of information through imaging to hard drives, files shares, etc. 3 - Ability to deduplicate email, attachments, etc.
  • As usual, companies beginthe process by determining the risk and poff-setting the cost saving benefitsRisk: Risk is often the biggest concern when a company considers in-sourcing.  Many corporations feel that in-sourcing could increase their liability and risk of sanctions because if something goes wrong, they are more responsible.  The reality, of course, is that if something goes wrong the corporation often bears much of the liability even if e-discovery is out-sourced. Are there people in-house with an ability to stay current with legal developments and new and emerging technologies?The risk of not doing it - the reliance on outside vendors who essentially are working on a business model that does not necessarily incent them to reduce the volume of content flowing through the eDiscovery process
  • As usual, companies beginthe process by determining the risk and poff-setting the cost saving benefitsRisk: Risk is often the biggest concern when a company considers in-sourcing.  Many corporations feel that in-sourcing could increase their liability and risk of sanctions because if something goes wrong, they are more responsible.  The reality, of course, is that if something goes wrong the corporation often bears much of the liability even if e-discovery is out-sourced. Are there people in-house with an ability to stay current with legal developments and new and emerging technologies?The risk of not doing it - the reliance on outside vendors who essentially are working on a business model that does not necessarily incent them to reduce the volume of content flowing through the eDiscovery process
  • AIIM Ottawa - Stephen Ludlow - eDiscovery in Canada

    1. 1. Stephen Ludlow<br />eDiscovery in Canada<br />May 9, 2011<br />Copyright © Open Text Corporation. All rights reserved.<br />Rev 2.0 01102010<br />
    2. 2. Shameless Plug #1<br />www.aiim.org/Research/Industry-Watch/ERM-and-eDiscovery-2010<br />AIIM: E-Discovery and ERM:how is records management performing in the new spotlight?<br />
    3. 3. Build the Case<br />26% have undiscriminating policies on deletion of all emails, 23% keep everything just in case and 31% have no policies or non-enforced policies. The remainder either manually or automatically declare important emails as records and delete the others.<br />
    4. 4. Slide 4<br /> Litigation is Unavoidable<br />Processing and Review Costs<br />Pressure to Cut Costs in Legal Dept.<br />Burden on IT<br />Litigation Hold <br />Fines - Sanctions - Adverse Inference<br />
    5. 5. eDiscovery in Canada<br />Fact or Fiction??<br />
    6. 6. eDiscovery in Canada<br />eDiscovery in Government<br />Listeriosis Investigative Review<br />Copyright © Open Text Corporation. All rights reserved.<br />Slide 6<br />
    7. 7. Copyright © Open Text Corporation. All rights reserved.<br />Slide 7<br />5 Million Pages of Information<br />Collection<br /><ul><li>Per custodian - $300 - $1000
    8. 8. Spoliation of Metadata
    9. 9. Completeness</li></ul>Processing<br /><ul><li>Extraction of metadata and attachments for review
    10. 10. 5M pages - 70 GB
    11. 11. 70GB x $1000/GB</li></ul>Review<br /><ul><li>Legal Review v Audit
    12. 12. Legal Review = $1-$2/page</li></li></ul><li>eDiscovery in Government<br />“....the late disclosure throws into question whether the commissioner has received everything he needs from the RCMP, and argued that the closing submissions should be delayed so the RCMP officers involved can be called to testify about the email and a full review of the disclosure process can be completed.”<br />Copyright © Open Text Corporation. All rights reserved.<br />Slide 8<br />“The email was apparently overlooked by federal government lawyers in the thousands of pages of documents received from the RCMP on CD-ROMs during the inquiry.”<br />
    13. 13. eDiscovery in Canada<br />The Pension Committee of the University of Montreal Pension Plan, et al. v. Banc of America Securities LLC<br />Canada played its own small part in one of the seminal rulings on spoliation in 2010 <br />
    14. 14.
    15. 15. Copyright © Open Text Corporation. All rights reserved.<br />Slide 11<br />Corporate Response<br />Information Governance<br />Gain control of information growth through archiving and disposition<br />Classification of information is critical<br />Insourcing eDiscovery Activities<br />In-source eDiscovery activities to reduce costs<br />Defensibly perform Litigation Holds to reduce risk of court fines and sanctions<br />Collection and Processing<br />Reduce volume being sent for review<br />
    16. 16. Copyright © Open Text Corporation. All rights reserved.<br />Slide 12<br />Information Governance<br />
    17. 17. 88%<br />Believe that all ESI should be included in retention and eDiscovery schemes<br />
    18. 18. Copyright © Open Text Corporation. All rights reserved.<br />Slide 14<br />KEEPINGEVERYTHING COSTS TOO MUCH<br />
    19. 19. Copyright © Open Text Corporation. All rights reserved.<br />Slide 15<br />“It costs about 20 cents to buy 1 GB of storage, however... it costs around $3500 to review 1 GB of storage.”<br />AIIM International Email Management ROI Calculator<br />
    20. 20. Slide 16<br />Per Custodian<br />Volume Based Cost<br />Collection<br />Processing<br />Review<br />Storage<br />Per GB<br />Risk and Cost<br />Directly<br />Per Page<br />Related to<br />Per Document<br />Volume<br />Volume Related Risk<br /><ul><li>Errors and omissions
    21. 21. Spoliation and Smoking Guns
    22. 22. Time pressures </li></ul>of ESI<br /><ul><li>Slide 16
    23. 23. Copyright © Open Text Corporation. All rights reserved.</li></li></ul><li>Slide 17<br />Compound<br />Growth<br />of<br />Data<br />61.7% CAGR predicted for unstructured data <br />IDC Enterprise Disk Storage Consumption Model report released  Oct 25, 2008<br />
    24. 24. The unchecked growth<br />of electronically<br />storedinformation is<br />unsustainable<br />
    25. 25. The Impact of Disposition<br />Slide 19<br />61.7% CAGR predicted for unstructured data <br />IDC Enterprise Disk Storage Consumption Model report released  Oct 25, 2008<br />
    26. 26. The Impact of Disposition<br />Slide 20<br />61.7% CAGR predicted for unstructured data <br />IDC Enterprise Disk Storage Consumption Model report released  Oct 25, 2008<br />
    27. 27. The Impact of Disposition<br />Slide 21<br />61.7% CAGR predicted for unstructured data <br />IDC Enterprise Disk Storage Consumption Model report released  Oct 25, 2008<br />
    28. 28. The Impact of Disposition<br />Slide 22<br />61.7% CAGR predicted for unstructured data <br />IDC Enterprise Disk Storage Consumption Model report released  Oct 25, 2008<br />
    29. 29. Slide 23<br />INTELLIGENT<br />Defensible Disposition<br />Reduce storage costs<br />Eliminate potentially risky content<br />Reduce the volume of content for eDiscovery<br />
    30. 30. Copyright © Open Text Corporation. All rights reserved.<br />Slide 24<br />INTELLIGENT<br />Enterprise Information Archiving<br />Index<br />Classify<br />Store<br />Dispose<br />Secure<br />Retain<br />Capture<br />Application of Retention Classifications<br />
    31. 31. Slide 25<br />Impact of Applying Retention Classification<br />ChangeTrainingAdoption<br />End-Users<br />
    32. 32. Copyright © Open Text Corporation. All rights reserved.<br />Slide 26<br />Impact of Applying Retention Classification<br />ProductivityProject SuccessDefensibility<br />C-Suite<br />
    33. 33. CLASSIFICATION<br />The New Battleground<br />
    34. 34. Slide 28<br />Multiple<br />CLASSIFICATION<br />Strategies Must be Employed<br />Automated Classify on File<br />User Classify<br />Process-driven Classification<br />Role-based Classification<br />Automated Intelligent Classification<br />
    35. 35. 65%<br />Believe that auto-classification is reliable<br />
    36. 36. 55%<br />Believe that “human” declaration of records doesn’t work (or 45% do!)<br />
    37. 37. Shameless Plug #2<br />www.edrm.net<br />eDiscovery Reference Model<br />
    38. 38. Similar to the EDRM, the IMRM could become a standard against which vendors position their products<br />It also provides a good model to examine Open Text Archiving benefits<br />Copyright © Open Text Corporation 2008 - 2009. All rights reserved.<br />Slide 32<br />
    39. 39. Open Text Information Governance<br />Copyright © Open Text Corporation 2008 - 2009. All rights reserved.<br />Slide 33<br />VIM<br />Contracts Mgmt<br />Web Experience Mgmt<br />Case Mgmt<br />Improved Adoption<br />Integrated ECM<br />Improved access to information<br />Productivity<br />Storage Optimization<br />Compliance<br />Centralized Policies<br />Application and Back-Up Optimization<br />Built in RM<br />Security<br />Litigation Hold<br />Encryption<br />Discovery<br />Intelligent Storage<br />Defensible Disposition<br />Storage Vendor Flexibility<br />
    40. 40. Slide 34<br />INSOURCING<br />eDiscovery<br />
    41. 41. eDiscovery in the Enterprise<br />Slide 35<br />Use the Archive to Apply In-Place Litigation Holds<br />Disposition of ESI must be suspended until all litigation holds are removed<br />Search-based application of Litigation Hold<br />1<br />Not All Content Lives in the Archive<br />Search & Collection of content at risk in disparate Enterprise Sources is required<br />Interface with content on Litigation Hold in the Archive<br />2<br />3<br />Reduce the Volume of Content Sent for Review to Reduce Costs<br />Cull on collect<br />Cull content on hold prior to export<br />Deduplicate and Process Content to further reduce costs<br />
    42. 42. Potential Cost Savings in eDiscovery <br /><ul><li>Defensibly reduce the universe of content in the Enterprise through disposition using RM
    43. 43. Reduce eDiscovery and storage costs</li></ul>Slide 36<br />Information Management<br />EnterpriseContent<br />1 TB<br />Preservation<br />500 GB<br />Collection<br />300 GB<br />Search Categorized and Culled<br />200 GB<br />De-Dupe, Near De-Dupe<br />75 GB<br />Reviewed<br />15 GB<br />Produced<br />
    44. 44. Potential Cost Savings in eDiscovery <br /><ul><li>Broad preservation in Archive can reduce risk of sanctions and adverse inference
    45. 45. Archived content can be preserved at little to no cost
    46. 46. Preservation of uncontrolled content based on only relevant information</li></ul>Information Management<br />EnterpriseContent<br />1 TB<br />Preservation<br />500 GB<br />Collection<br />300 GB<br />Search Categorized and Culled<br />200 GB<br />De-Dupe, Near De-Dupe<br />75 GB<br />Reviewed<br />15 GB<br />Produced<br />Slide 37<br />
    47. 47. Potential Cost Savings in eDiscovery <br /><ul><li>Reduce or eliminate manual collection
    48. 48. Reduce burden on IT
    49. 49. Reduce dependency on service providers
    50. 50. Collect only relevant information</li></ul>Information Management<br />EnterpriseContent<br />1 TB<br />Preservation<br />500 GB<br />Collection<br />300 GB<br />Search Categorized and Culled<br />200 GB<br />De-Dupe, Near De-Dupe<br />75 GB<br />Reviewed<br />15 GB<br />Produced<br />Slide 38<br />
    51. 51. Potential Cost Savings in eDiscovery <br /><ul><li>Use specialized search and reporting capabilities to analyze and understand content
    52. 52. Defensibly further reduce the content to be sent for review</li></ul>Slide 39<br />Information Management<br />EnterpriseContent<br />1 TB<br />Preservation<br />500 GB<br />Collection<br />300 GB<br />Search Categorized and Culled<br />200 GB<br />De-Dupe, Near De-Dupe<br />75 GB<br />Reviewed<br />15 GB<br />Produced<br />
    53. 53. Potential Cost Savings in eDiscovery <br /><ul><li>Eliminate duplicate documents while maintaining chain of custody
    54. 54. Reduce the volume of documents sent for review
    55. 55. Ensure documents are only reviewed once</li></ul>Information Management<br />EnterpriseContent<br />1 TB<br />Preservation<br />500 GB<br />Collection<br />300 GB<br />Search Categorized and Culled<br />200 GB<br />De-Dupe, Near De-Dupe<br />75 GB<br />Reviewed<br />15 GB<br />Produced<br />Slide 40<br />
    56. 56. Potential Cost Savings in eDiscovery <br /><ul><li>Reduce or eliminate processing costs
    57. 57. Review is the single greatest cost associated to eDiscovery - accounting for up to 80% of cost
    58. 58. Insourcing some review and develop strategic vendor relationships</li></ul>Slide 41<br />Information Management<br />EnterpriseContent<br />1 TB<br />Preservation<br />500 GB<br />Collection<br />300 GB<br />Search Categorized and Culled<br />200 GB<br />De-Dupe, Near De-Dupe<br />75 GB<br />Reviewed<br />15 GB<br />Produced<br />
    59. 59. Copyright © Open Text Corporation. All rights reserved.<br />Slide 42<br />Should we <br />in-source eDiscovery?<br />
    60. 60. Copyright © Open Text Corporation. All rights reserved.<br />Slide 43<br />Questions to Ask<br />What is the volume of litigation in the corporation? <br />How much do we want to in-source? <br />Do we have policies in place? <br />Stakeholder buy-in?<br />Do we have the internal expertise? <br />
    61. 61. Questions to Ask<br />The Road<br />Has Been <br />Paved<br />
    62. 62. Copyright © Open Text Corporation. All rights reserved.<br />Slide 45<br />Questions?? <br />
    63. 63. Shameless Plug #3<br />www.opentext.com/inform<br />INFORMation Governance Blog + Executive Brief Series with Barclay Blair<br />
    64. 64. Thank You<br />

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