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E-Discovery Challenges of Microsoft SharePoint
 

E-Discovery Challenges of Microsoft SharePoint

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E-Discovery Challenges of Microsoft SharePoint ...

E-Discovery Challenges of Microsoft SharePoint

The enormous growth of SharePoint deployments in recent years has dramatically increased the cost and complexity of E-Discovery. Corporate counsel, Legal and IT professionals are increasingly challenged with addressing the challenges of E-Discovery as Microsoft SharePoint has moved far beyond simple collaboration.

With SharePoint 2010, significant social media architecture capabilities make the file sharing and collaboration system far more dynamic than ever before. More often than not, SharePoint is now used as a portal for Wikis, Blogs, and Discussion Boards. “Facebook-like” User Profiles associated with personal Sites are owned and managed by users themselves. This very complex environment carries the potential for flawed E-Discovery processes that risk resulting in undesirable litigation outcomes.

In this complimentary presentation covers:

• SharePoint’s expanding presence within organizations
• How SharePoint’s increasing social media capabilities challenge standard preservation and forensic collection
• How case law such as Pension Committee and Victor Stanley is relevant to SharePoint legal hold and preservation
• Understanding your SharePoint environment through eTERA Consulting and StoredIQ’s Risk Assessment Service for SharePoint

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    E-Discovery Challenges of Microsoft SharePoint E-Discovery Challenges of Microsoft SharePoint Presentation Transcript

    • WELCOME TO THE SHAREPOINT E-DISCOVERY JUNGLE E-Discovery Challenges of Microsoft SharePoint Copyright © 2011 eTERA Consulting
    • E-DISCOVERY CHALLENGES OF MICROSOFT SHAREPOINTToday’s Speakers 3SharePoint’s Expanding Reach 4Challenges of SharePoint Preservation and Collection 10How Pension Committee and Victor Stanley are Relevant 16Risk Assessment Service for SharePoint 22Copyright © 2011 eTERA Consulting
    • Today’s Speakers E-DISCOVERY CHALLENGES OF MICROSOFT SHAREPOINT John is responsible for assisting our clients in taking proactive steps John to manage the complex ESI landscape and effectively address their Rubens legal, compliance and regulatory requirements. Prior to joining Managing Director, eTERA Consulting, John was the Managing Director of The Oliver Corporate Analysis eTERA Consulting Group, an international forensic analysis company. As Director of Product Management for StoredIQ, Amir Jaibaji manages Amir the creation and development of the company’s market-driven product roadmap. Providing technical leadership for StoredIQ’s award-winning Jaibaji Director, Product Intelligent Information Management Platform, Amir is also responsible Management for spearheading StoredIQ’s legal workflow application, StoredIQ eDiscoveryManager. Alan Alan is responsible for developing and managing integrated marketing and training programs designed to educate clients on complex data Brooks management challenges and solutions. Mr. Brooks has hands-on Vice President, Marketing domain experience with processes and technology for all areas of the eTERA Consulting EDRM model from Information Management through Production.Copyright © 2011 eTERA Consulting
    • SHAREPOINT’S EXPANDING REACHCopyright © 2011 eTERA Consulting
    • What is SharePoint? E-DISCOVERY CHALLENGES OF MICROSOFT SHAREPOINTSharePoint is a multi-purpose platform allowing for managingand provisioning of : • intranet portals • extranets and websites • document management • file management • collaboration spaces • social networking tools • enterprise search • business intelligence tooling • process/information integration • and third-party developed solutions Source: WikipediaCopyright © 2011 eTERA Consulting
    • Why is SharePoint Popular? E-DISCOVERY CHALLENGES OF MICROSOFT SHAREPOINT• It has a wealth of easy-to-use, web-based collaboration tools and templates that are similar to Microsoft Outlook, making it easy for users to learn• It is easily extensible and customizable to fit a wide variety of businesses• It can scale• Often only limited IT involvement is needed to start• It is a real 80-20 tool, almost 80% of common business tasks can be achieved OOTB (out-of-the-box) Source: SharePoint Magazine, SharePoint Paradox Meets SharePoint Governance http://sharepointmagazine.net/articles/sharepoint-paradox-meets-sharepoint-governanceCopyright © 2011 eTERA Consulting
    • SharePoint Deployments on The Rise E-DISCOVERY CHALLENGES OF MICROSOFT SHAREPOINT Have you implemented Microsoft SharePoint 2007 in your organization? (N=581, 10+ employees) Source: AIIM Industry Watch SharePoint – Strategies and Experiences, 2010Copyright © 2011 eTERA Consulting
    • SharePoint Deployments on The Rise E-DISCOVERY CHALLENGES OF MICROSOFT SHAREPOINT Have you implemented Microsoft SharePoint 2007 in your organization? (N=581, 10+ employees) 78% Have SharePoint In Use or Have Plans to Implement SharePoint Source: AIIM Industry Watch SharePoint – Strategies and Experiences, 2010Copyright © 2011 eTERA Consulting
    • SharePoint & Information Governance Is On People’s Radar E-DISCOVERY CHALLENGES OF MICROSOFT SHAREPOINT What would you say are the three most important ECM issues or current projects for you right now? (N=607) Source: AIIM State of the ECM Industry, 2010Copyright © 2011 eTERA Consulting
    • CHALLENGES OF SHAREPOINT PRESERVATION AND COLLECTIONCopyright © 2011 eTERA Consulting
    • Like any Technology, SharePoint also has its Weaknesses E-DISCOVERY CHALLENGES OF MICROSOFT SHAREPOINT Which of the following information management issues have you experienced with your SharePoint implementation? (N=362, using or implementing, multiples allowed) Source: AIIM Industry Watch SharePoint – Strategies and Experiences, 2010Copyright © 2011 eTERA Consulting
    • Specific SharePoint Collection Challenges E-DISCOVERY CHALLENGES OF MICROSOFT SHAREPOINT •New forms of content, e.g. SharePoint is more than wikis, blogs, and lists a collection of •More types of metadata, e.g. documents workflow tasks User interface is a dynamic web SharePoint provides UI interface that presents capture context challenges Is the Custodian the creator or Who is the Custodian? the person who has access?Copyright © 2011 eTERA Consulting
    • SharePoint is More than a Collection of Documents E-DISCOVERY CHALLENGES OF MICROSOFT SHAREPOINT• Blogs• Wikis• Discussion threads• User profiles• Contacts• Tasks• Surveys• Links• Calendars• Image repositories• AnnouncementsCopyright © 2011 eTERA Consulting
    • SharePoint Provides UI Context E-DISCOVERY CHALLENGES OF MICROSOFT SHAREPOINT Customizable web UI; context can be importantCopyright © 2011 eTERA Consulting
    • Who is the Custodian Based on Context? E-DISCOVERY CHALLENGES OF MICROSOFT SHAREPOINT • The content created by a target custodian? • In a discussion thread, do you want just the target custodian’s comments or the entire discussion thread? • The content the target custodian can access? • Is it relevant to the matter if a custodian had access to specific information, even if they were not the creator? • Will these rules be applied consistently across all SharePoint sites?Copyright © 2011 eTERA Consulting
    • HOW PENSION COMMITTEE AND VICTOR STANLEY IS RELEVANTCopyright © 2011 eTERA Consulting
    • Relevant FRCP Rules for SharePoint E-DISCOVERY CHALLENGES OF MICROSOFT SHAREPOINT FRCP FRCP Rule 37(f) protects companies from sanctions for deleting email as part of “routine, good-faith operation.” This so-called safe harbor provision protects companies that delete email as part of ordinary business activities. However, “good faith operation” also includes the obligation of the party to make sure that employees cannot delete messages once they are put on “litigation hold.”Copyright © 2011 eTERA Consulting
    • Pension Committee E-DISCOVERY CHALLENGES OF MICROSOFT SHAREPOINT Pension Committee v. Banc of America Securities LLC Judge Sheindlin ruled that 6 plaintiffs acted in a grossly negligent manner, and 7 plaintiffs to have had negligent discovery efforts for: • Failure to properly preserve and collect • Failure to implement written litigation hold orders in a timely mannerCopyright © 2011 eTERA Consulting
    • Victor Stanley E-DISCOVERY CHALLENGES OF MICROSOFT SHAREPOINT Victor Stanley v. Creative Pipe, Inc Judge Grimm called this situation the “single most egregious example of spoliation that I have ever encountered.” Judge Grimm ruled the defendant : • Failed to implement any litigation hold plan • Failed to collect and preserve data • Willfully destroyed dataCopyright © 2011 eTERA Consulting
    • Cloud Computing – Hosted SharePoint E-DISCOVERY CHALLENGES OF MICROSOFT SHAREPOINT Courts consider cloud storage as data under your control • Flagg v. City of Detroit, 252 F.R.D. 346 (E.D. Mich. 2008) • The Court rejected defendant’s arguments that the Stored Communications Act (SCA) precluded production of text messages held by a third party • In re NTL, Inc. Securities Litigation, 244 F.R.D 179, 195 (S.D.N.Y. 2007) • Goodman v. Praxair Services, Inc. 632 F. Supp. 2d 494 (D. Md. 2009)Copyright © 2011 eTERA Consulting
    • How FRCP & Recent Rulings Relate to SharePoint E-DISCOVERY CHALLENGES OF MICROSOFT SHAREPOINT Implementing litigation hold can potentially be very difficult. • SharePoint sites are often very dynamic. While FRCP provides some protection for overwritten data, implementation of litigation hold must be timely made. • SharePoint sites can be company wide (intranets) and cross company (extranets). Thousands of users may need to follow the litigation hold notice. Can use a backup as a “snapshot,” but if ongoing preservation has been ordered, it’s very difficult to implement.Copyright © 2011 eTERA Consulting
    • RISK ASSESSMENT SERVICE FOR SHAREPOINTCopyright © 2011 eTERA Consulting
    • Assessment Services OverviewAssessment Services help answer the tough questions: • What data do I have? • Where is it? • How should I classify and retain it? • How much exposure/risk does it pose? • Am I prepared for litigation?Leverages StoredIQ Information Intelligence PlatformPre-structured and custom assessments availableDeliverables include detailed reports and analytics in ~2-4weeksCopyright © 2011 eTERA Consulting
    • Data Topology Assessment - Common Use Cases and Needs•Storage capacity planning•Data migration or HW end-of-life projects•Archiving design and deployments•Non business related data identification for purging•Records classification for retention management•Basic storage and management reporting Typical Report Content Metadata Statistics • File Type Distribution • Access/Modification Aging • Files by User/Department • File Size Distribution • Many other file attributes as required Classification by File/Retention PlanCopyright © 2011 eTERA Consulting
    • Legal Readiness & Risk Assessment - Common Use Cases and Needs • Legal matter identification, collection, and hold • Litigation exposure • Data privacy and security exposure • Regulatory compliance (GLBA, PCI, HIPAA, etc.) • Regulatory compliance audit reportingTypical Report Content • Custodian mapping • Early case assessment reporting • Credit Card or SIN reporting • PII – Standard HIPAA Reports • Customized reports and data queries can be created for company specific requirementsCopyright © 2011 eTERA Consulting
    • Key Take-Aways• SharePoint is growing, don’t put off eDiscovery planning• Because of SharePoint’s complexities, effective proactive information management is a prerequisite for fast, accurate, defensible and repeatable eDiscovery• Implement an in-house solution that is IT friendly and delivers immediate and long-term ROI• Ensure IT ability to involve the Legal Team – in-house and outside counsel – early in the process to reap significant cost reductions downstream, and avoid process attacks• Deep understanding of SharePoint and all corporate ESI ensures accurate collection and preservation – and a defensible eDiscovery processCopyright © 2011 eTERA Consulting
    • Available Resources E-DISCOVERY CHALLENGES OF MICROSOFT SHAREPOINTStoredIQWhite Paper: Taneja Group Whitepaper: StoredIQ’s FlagshipeDiscovery for SharePointhttp://www.storediq.com/resources/whitepapersTechnology Brief: StoredIQ SharePoint Supporthttp://www.storediq.com/resources/collateralCopyright © 2011 eTERA Consulting
    • Available Resources E-DISCOVERY CHALLENGES OF MICROSOFT SHAREPOINTeTERA ConsultingInsight Bulletin: Victor StanleyWhite Paper: Is Personally Identifiable Information (PII)Pervasive on Your Company’s Computers?http://www.eteraconsulting.com/resource-center/articlesCopyright © 2011 eTERA Consulting
    • Contact Information E-DISCOVERY CHALLENGES OF MICROSOFT SHAREPOINT For additional information, please contact info@eteraconsulting.com.Copyright © 2011 eTERA Consulting