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Corporate Awareness  Litigation
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Corporate Awareness Litigation



Implications of Litigation and e-Discovery for companies.

Implications of Litigation and e-Discovery for companies.



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Corporate Awareness  Litigation Corporate Awareness Litigation Presentation Transcript

  • F RENSICS CORPORATION TM Litigation Awareness www.forensicscorp.com info@forensicscorp.com 877.248.DATA 480.747.1732
  • What If…. Your company got filed with a Lawsuit comprising of Litigation Hold. • Is your IT and Operations Ready? • Are your employees ready? • Is your Legal dept ready? • Do you have Litigation Hold processes in place? Response team ready to go? • Do you have policies, procedures to deal with this? • Are your systems configured to minimize cost of e- Discovery? Do you know the implications if you don’t have above processes & procedures in place? www.forensicscorp.com
  • Agenda 1 Challenges with Litigation 2 Implications 3 Solutions to Litigation Preparedness www.forensicscorp.com
  • Challenges with Litigation www.forensicscorp.com
  • Challenges with Litigation Immediate Off Switch Immediate stop of the deletion of email and other electronic documents www.forensicscorp.com
  • Challenges with Litigation Widespread Organizational Impact • Employees • Operations CEO End user CFO Application admin Records Mgr Compliance Officer Storage admin Legal counsel Systems admin CIO • Legal • Technology www.forensicscorp.com
  • Challenges with Litigation Employees • There are thousands of emails sent with enormous amount of information. Some of this email may be inappropriate. • Information gets copied from work computers to personal computers. • Outsiders (family members) often use employee’s work computers. • Majority of employees do not know or care about security or legal implications. • Corporate info gets sent to third parties outside the company. • Use company resources in ways they shouldn’t. www.forensicscorp.com
  • Challenges with Litigation Legal • Lawyers are not technically grounded. • Traditional attorneys do not emphasize front-end “process” issues that would help simplify or focus search problem in particular contexts. • The reality is that huge sources of heterogeneous ESI exist, presenting an array of technical issues. • Deadlines and resource constraints. • Failure to employ best strategic practices. www.forensicscorp.com
  • Challenges with Litigation Technology & IT • IT does not understand implications of litigation, scope and implications. • Most IT staff do not know or understand Legal hold processes nor do they know what to do. • Security, HR and other corporate personnel do not understand implications or do not have appropriate skills. Roles and responsibilities are not clearly defined as they relate to litigations, e-discoveries. • Solutions aimed at external threats, not internal audits. • Solutions based on old ideas of “perimeter” threats. • Unable to provide real time detection and remediation. • Information protection is increasingly complex and costly. • Mailboxes are capped at 200 MB, but PSTs (or local archives) are everywhere. www.forensicscorp.com
  • Challenges with Litigation Operations • Keeping the company running while responding to litigation and e- Discovery requests. • Many systems to look at. • No formal litigation readiness process. High costs of e-Discovery, Litigation and poor preparation often leads to settlement. www.forensicscorp.com
  • Implications www.forensicscorp.com
  • Implications Litigation Readiness Process First Issue Discovery Court internal internal requested order awareness retention hold by one issued party Deliver Result Search, Query Discovery response review request To the court Archive User DB directory Discovery depends on effective archiving www.forensicscorp.com
  • Implications Traditional Sources of Data www.forensicscorp.com
  • Implications New Sources of Data • IM • VOIP • MP3 Storage Devices (iPods) • Memory sticks and flash drives • Global positioning systems • Blogs www.forensicscorp.com
  • Implications Types of Data – Consider where this information resides in a geographically dispersed organization. • Billing records • Emails • Official correspondence • Purchase orders • Contracts • Accounts payable & receivables • Internal policies • Audio / video recordings • Personnel records • Images • Any signed forms • Drawings • Audit / financial reports • Backup drives • Research studies • Rough drafts • Testing records • Personal notes www.forensicscorp.com
  • Implications Over 1 BILLION emails are generated by small company each year. That does NOT include all the documents and other artifacts created. 25,000 Users * 100 Daily emails 2,500,000 * 365 912,500,000 Yearly emails * 5 4,285,199,774 web pages 4,562,500,000 emails www.forensicscorp.com
  • Implications • Risk of Legal Holds • Cost of E-Discovery • Discovery Part of a Bigger Picture www.forensicscorp.com
  • Solutions to Litigation www.forensicscorp.com
  • Solutions to Litigation Why Litigation Readiness? • Regulatory and Compliance drivers. • Litigation issues. • Data protection problems. • General information management “Best Practice.” www.forensicscorp.com
  • Solutions to Litigation Organizations must: • Assess Litigation and e-Discovery readiness. • Establish Litigation Response Team. • Formulate e-Discovery Response Plan. • Create Data Classification. • Develop Enterprise Vault. • Roll out Training & awareness plan. • Maintain Records Management. www.forensicscorp.com
  • Solutions to Litigation Litigation and e-Discovery readiness assessment • Review and assess policies, procedures, governance currently in place. • Review and assess organizational alignment of Legal, IT, Operations and ability to respond to Litigations. • Review and assess enterprise architecture. • Review and assess records retention policy. www.forensicscorp.com
  • Solutions to Litigation Establish Litigation Response Team • Create Litigation Response Team that is a Liaison between • Legal – internal and external • Internal IT • Operations • Users • Business Units • Records manager www.forensicscorp.com
  • Solutions to Litigation E-Discovery Response Plan 1. Prevent Spoliation 2. Formulate Discovery Plan 3. Limit Scope of Discovery Request 4. Seek Cost Shifting 5. Collect Documents 6. Process Documents 7. Review Documents 8. Produce Documents www.forensicscorp.com
  • Solutions to Litigation Data Classification • Determine the organization’s information asset classification maturity level. • Determine short term and long term goals to demonstrate constant improvement. • Classify & categorize data Classification Maturity • Relate business rules to 0 - No information assets are classified or data classes. assets are randomly classified. 1- Assets are classified at a high level or • Determine service levels organizational level, assets are unidentified. • Review sources of data & 2- Processes are developed and implemented allowing assets to be classified in detail. access control. 3- New assets are classified in detail. • Develop documentation 4 – Legacy assets are classified in detail. methodology and 5 - Assets are classified, and processes exist mechanism(s). that allow for asset reassessment and new asset classification. www.forensicscorp.com
  • Solutions to Litigation Enterprise Vault Intelligent Intelligent Intelligent Classification Retention Discovery • Automated, content- based classification engine • Filter from archive to • Tag for discovery to remove junk / speed search • Optional popup for unwanted material processes user-driven classification • Set retention to • Flag for review to ensure appropriate ensure appropriate • RM connectors for lifecycle supervisory cycle EMC, OpenText, IBM, Oracle www.forensicscorp.com
  • Solutions to Litigation Develop training and awareness plan • Part of orientation process. • Annual audit by all employees that keep records. • Ongoing training of policies and awareness. • Make confidential/sensitive data handlers aware of privacy and security requirements. • Require acknowledgment by data users of their responsibility for safeguarding such data. • Enhance general privacy and security awareness programs to specifically address safeguarding confidential/sensitive data. www.forensicscorp.com
  • Solutions to Litigation Records Management • It is more than a timetable for destroying records. • It is more than a single “records custodian” signing an affidavit. • Records management enforces the policies and rules for the retention and disposition of content required for documenting business transactions. • A “records retention” policy should be a “records management” policy. www.forensicscorp.com
  • Solutions to Litigation Remember that… • Courts are not afraid and, in fact, increasingly prone, to hold companies accountable for deficient discovery practices. • Courts consider electronic data a part of mainstream discovery & are unwilling to tolerate destruction of relevant information. • Counsel, organizations & individuals must take affirmative steps to prevent intentional and negligent spoliation. • Spoliation as a result of document mismanagement is now seldom, if ever, excused. www.forensicscorp.com
  • Forensics Corporation Partnering Together To: • Review, assess and update policies and processes. • Establish a Litigation Response Team. • Leverage technology to enforce policy. • Automate collection, retention, legal hold and expiration. • Enable efficient e-Discovery with rapid production through data classification, enterprise vault & records management. • Tie into internal and external litigation case management. • Provide training and good communication policies for employees. www.forensicscorp.com
  • Contact Us Email: info@forensicscorp.com Tel.: +1.480.747.1732 or Tel.: 1.877.248.DATA (3282) Or for more information visit us at: www.forensicscorp.com www.forensicscorp.com