Rule Imc Records Management & Discovery Offering Q109 V2

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Bringing the EDRM model to life

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Rule Imc Records Management & Discovery Offering Q109 V2

  1. 1. Discovery Prepared by Rule Financial Information Management Q1 2009 © Rule Financial Ltd 2009. All rights reserved. Commercial in confidence Slide 1
  2. 2. Contents How can we help?  The challenge of discovery  Market activity  A model for electronic discovery  Discovery best practice  Software vendor & consultancy landscape  What do we find? How have we responded?  Key questions for Corporates  Our service offerings  Proposition: Stakeholder workshop  About Us  Contacts © Rule Financial Ltd 2009. All rights reserved. Commercial in confidence Slide 2
  3. 3. The Challenge of Discovery The Problem  The volume of litigation is rising • Impending wave of litigation emerging from the global turmoil in financial markets.  Corporates face ever-increasing demands when Sources Fulbright and Jaworski responding to each matter • New regulations result in burdensome discovery Against this background, corporates need to: processes, with heavy penalties for non- compliance.  Ensure that they are able to meet all regulatory and legal requirements (in  Corporates are exposed to diverse international potentially multiple jurisdictions) regulations. • The global market for litigation allows claimants to  Develop, deploy and enforce a defensible, bring matters in the jurisdiction which most favours repeatable process for discovery them (most frequently the US)  Increase efficiency and manage the potentially escalating cost of discovery © Rule Financial Ltd 2009. All rights reserved. Commercial in confidence Slide 3
  4. 4. Market Activity Organisations : Exploring ways to tackle discovery obligations in-house.  Corporates have traditionally turned to one of a small number of outsourced discovery consultancy providers to meet their discovery requirements at high cost  Corporates want to invest in technology to reduce their dependence on outsourced discovery consultants. “More and more enterprises are  Significant cost savings are to be made  An immature software vendor market, large license fees and lack of a defined process are barriers to be overcome. looking to in source at least part of Software vendors: Market remains fragmented the e-discovery function, Clients  Niche technology businesses are investing heavily in new segments to offer an enterprise solution. report that the payback period for  Innovative companies are exploring alternative ways of selling their software to clients, including pay-per-use software. an e-discovery investment is 3-6  Expertise is required to distinguish the credible from the aspirational solution. months” Legal firms: Seeking ways to encourage claimants to pursue litigation - Gartner: ‘MarketScope for e-discovery software product vendors 2008’  Schemes such as third party funding and insurance schemes are being launched to give individuals and companies the confidence and ability to take matters to court.  On the other side of actions, legal firms, who traditionally have relationships with forensic service providers, are investigating in partnerships with software vendors to offer their clients lower discovery costs through the implementation of ‘straight through processes’. © Rule Financial Ltd 2009. All rights reserved. Commercial in confidence Slide 4
  5. 5. Electronic Discovery Reference Model  We follow the EDRM model (below) which represents the recommended process organisations should follow in response to legal / regulatory action being brought against them.  Upon notice of litigation or investigation, the organisation must identify all relevant custodians & information.  The custodians and their information should be placed under ‘Legal Hold’, wherein the information is preserved before being collected to a central repository.  All collected information is then analysed & processed using forensic technology so that only relevant information is kept.  The resulting relevant information is then used for case preparation. New Matter Processing Preservation Records Identification Review Production Presentation Management Collection Analysis Volume Ref: EDRM Project Relevance © Rule Financial Ltd 2009. All rights reserved. Commercial in confidence Slide 5
  6. 6. Discovery Best Practice Compliance High Return on Investment  To meet timescale targets  To meet timescale targets   Bringing expensiverepeatable in-house Defined, transparent and processes  Defined, transparent and repeatable  Auditable  Improved control of legal costs  Auditable  Reduced settlement costs  Effective logging of  Company file plan matters  Collected information  Effective records  Legal review tools:  Quick identification of categorised management policy  Information stored in relevant custodians &  Data culled by multiple  Active policy central repository information search criteria management  Classification / tagging  Automation of  Data de-duplicated • Email archiving of information custodian notifications  Reports on analysis • Automated  Files exported to  Provision of process MI activities destructions matter management  Auditable process  Review of content • Rights management systems  Automatic escalation / processed reminders New Matter Processing Preservation Records Identification Review Production Presentation Management Collection Analysis Volume Ref: EDRM Project Relevance © Rule Financial Ltd 2009. All rights reserved. Commercial in confidence Slide 6
  7. 7. Vendor & Consultancy Landscape  The market is immature, over-hyped, overcrowded and uncertain. Rapid functional consolidation is expected.  Functionality is confused and overlapping.  Few software vendors offer credibly complete solutions for eDiscovery, and those with aspirations are extremely costly  The use of technology is not an excuse for ignoring inadequate business processes Discovery vendors & consultancies PSS Atlas Guidance Orchestria Concordance (Lexis Nexis) Zylab Summation Autonomy, Oracle Stellent Kroll, KPMG, E & Y, etc... New Matter Processing Preservation Records Identification Review Production Presentation Management Collection Analysis Volume Ref: EDRM Project Relevance © Rule Financial Ltd 2009. All rights reserved. Commercial in confidence Slide 7
  8. 8. What Do We Find? What do we find? Rule View  Most organisations have little idea of what content they  We see technology as only part of the discovery process: have, where it resides and who owns it operational excellence is central to ensuring your  The processes for coping with litigation are often organisation is well placed to efficiently tackle its discovery undocumented and inconsistent. obligations.  Globalisation of trade results in cases being brought in the • Corporations need to focus on their operating models within their jurisdiction most favourable to the litigant. This is legal departments frequently the US, which has the most demanding • Effort spent in integrating process with outside counsel will pay big discovery requirements dividends  Global privacy laws create an additional complexity in • Local solutions need to consider international requirements identification & collection  The discovery landscape is broad and littered with multiple  An effective strategy for discovery must be based on a clear vendors offering either generic solutions or localised understanding of an organisation’s pain points and functionality requirements. This must be inclusive of people, process and  The technology solutions market is immature technology  Large, upfront costs for software licenses can be a barrier  We believe our clients should also consider working with for organisations wishing to tackle discovery in-house. discovery vendors on a pay-per-use basis, enabling them to  This leads to organisations outsourcing their discovery benefit from market leading technology while not incurring problems to costly forensic consultancies on a case-by-case the high costs incurred by outsourced forensic basis. consultancies. © Rule Financial Ltd 2009. All rights reserved. Commercial in confidence Slide 8
  9. 9. Key Questions for Corporates How do you calculate How do you decide how whether it is worth best to invest in records bringing your discovery management to enable problem in-house, giving efficient compliant due consideration to both How do you develop and discovery? How do you develop and risk and cost? implement a repeatable, enforce record retention defensible process for policies to meet discovery managing your requirements? employees and their data in response to litigation? How do you develop a business case to prioritise investment in discovery? How do you decide How do you estimate whether to trust your discovery costs up-front employees to comply in order to decide how to with discovery policies or defend, or whether to How do you design and to invest in “active policy settle a matter? implement a straight management”? How do you decide the through process for best way to pay for discovery which links-in discovery technology? seamlessly with third Pay-per-use or licenses? parties? Rule Financial helps its clients to answer these questions © Rule Financial Ltd 2009. All rights reserved. Commercial in confidence Slide 9
  10. 10. Our Service Offerings Rule Financial Service Offerings Content file plan Strategy & business case Requirements Operational model design Component selection & integration Records Management Pay-per-use software - hold, collect and aggregate Matter management systems systems New Matter Processing Preservation Records Identification Review Production Presentation Management Collection Analysis Volume Ref: EDRM Project Relevance © Rule Financial Ltd 2009. All rights reserved. Commercial in confidence Slide 10
  11. 11. Proposition: Stakeholder Workshop We can help you to... What’s next?  Recognise and adopt best practice Our consultants can meet with key stakeholders from your organisation in  Create an operating model that an initial discovery requirements spans the corporation and key workshop to: partners (most notably legal counsel)  Review your litigation / discovery processes  Ensure that your process is  Establish an agreed discovery compliant, efficient and scalable in landscape size and scope to cover the full range  Match your current people, of actions, from small local to large processes and technology against global the discovery landscape  Identify next steps: both short term fixes and strategic initiatives © Rule Financial Ltd 2009. All rights reserved. Commercial in confidence Slide 11
  12. 12. About Us Rule Financial Rule - IMC For over 11 years Rule Financial’s specialists have Our Information Management Consultancy (IMC) has a been working alongside their counterparts at the wealth of experience from maximising physical storage world’s top financial institutions, helping to lower needs through to information worker solutions delivered by our in-house Microsoft SharePoint team. costs, improve productivity and deliver innovative solutions. We are particularly keen to align business analysis and strategic visioning to actual solution delivery and measurable success. Our diverse portfolio of clients includes; • Investment Banks • Hedge Funds • Professional Services • Legal Practitioners • Media • Engineering Rule Financial is a Microsoft Certified Partner and a member of • Government & Public Sector the ‘Sunday Times Tech Track 100’ fastest growing technology companies for 2008 in the UK © Rule Financial Ltd 2009. All rights reserved. Commercial in confidence Slide 12
  13. 13. Contacts Address Rule Financial IMC 101 Moorgate London EC2M 6SL  Mike Lines Tel: +44 (0)20 7826 4444 Partner: Information Management mike.lines@rulefinancial.com Tel: +44 (0)7826946177  Find us online at: http://www.rulefinancial.com Source: Google Maps © Rule Financial Ltd 2009. All rights reserved. Commercial in confidence Slide 13

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