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Behind The Firewall In-House E Disco Final

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With hundreds of terabytes of e-mail, file shares, and other applications, corporations face the potential loss of critical intellectual property, trade secrets, and confidential information when ...

With hundreds of terabytes of e-mail, file shares, and other applications, corporations face the potential loss of critical intellectual property, trade secrets, and confidential information when outsourcing identification, collection, culling, early-case assessment, and first-pass review. Outsourcing is no longer an option from both a cost and risk perspective.

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    Behind The Firewall In-House E Disco Final Behind The Firewall In-House E Disco Final Presentation Transcript

    • Behind the Firewall – Why Organizations are Deploying eDiscovery Solutions
      In-House
      J. David Morris, EMC – Information Intelligence Group
    • SEVERE
      Consequences of not managing information?
      Information by 2020: The Big Picture
      35 ZB
      There will be lots of it
      >70%
      Generated by individuals
      Information
      Digital information requiring
      security beyond baseline levels
      30–
      50%
      Growth factor for number of files, images, records, and other digital information containers
      67
      Digital information created annually that will either live in or pass through the cloud
      >1/3
      Source: “The Digital Universe Decade: Are You Ready?”, EMC-sponsored IDC White Paper, May 2010
    • Information by 2020: The Big Picture
      Format
      Cross-border
      Speed
      Electronic Content
      Sources
      Volume
    • The eDiscovery Cost
      $1.5M
      average cost
      per incident
      89%
      of companies
      face litigation
      10x
      increased costs
      to outsource
      $34M
      average annual
      legal costs
      $18M+
      cost to review
      1 TB of info
      Factoid: The average Fortune 500 company has 147 concurrent lawsuits. Gartner
    • eDiscovery Cost, the Nightmare!
      SANCTION: Default Judgment
      LACK OF PRIVACY
      LITIGATION
      Court Awards 8 Million Dollar Default Judgment Against Hyundai
      Zubulakevs
      UBS Warburg Part V
      Lender throws private documents in dumpster
      Among the revelations about First Magnus Financial Corp was that it wasn’t quite as technologically advanced as had been billed. Most of its borrowers’ records were still on paper, as Floridians learned when thousands of loan documents were discovered in boxes in an unlocked trash Dumpster in Fort Lauderdale.
      The court concluded that the defendant deliberately acted in destroying relevant information and failing to follow the instructions and demonstrate care on preserving and recovering key documents. The defendant, arguing undue burden and expense, requested the court to shift the cost of production to the
      Multinational businesses sued in US beware. Ignoring litigation obligations can have serious financial consequences. The Supreme Court of Washington upheld a $ 8 million dollar default judgment against Hyundai imposed as a discovery sanction.
    • Fulbright &
      Jaworski
    • 67% of eDiscovery Cases Awarded Sanctions in 1H2010
      (31 Cases Requested Sanctions; 21 Cases Awarded Sanctions)
      Source: DIGITAL DISCOVERY & E-EVIDENCE REPORT ISSN 1941-3882
      Farrah Pepper, et. al. Gibson & Dunn
    • Traditional Model 1
      Duplicate copy of ESI
      Sent to Outside Counsel for Review
      Original ESI
      Agents
    • TraditionalModel 2
      Archive
      Centralized archive
      Outside Counsel for Review
      Original ESI
    • Traditional Models
      Over Collect ESI & Send Volumes of ESI outside the corporation
      Significant cost to replicate storage, esp., as ESI trends into the 10s of Terabytes
      Manual type process is challenging to replicate
      Review costs high due to lack of culling
      Loss of control of Confidential and Intellectual Property
    • PST
      PST
      PST
      PST
      eDiscovery Behind the Firewall
      Platform within the Firewall
      Outside Counsel
      Review via VPN
      Custodian ESI
      Desktops, Remote Offices,
      and Laptops
      Target
      Legal Hold
      Internet
      ESI
      Identification &
      Collection
      SourceOne Records Manager
      Legal Hold or
      Legal Store or
      Preservation Store
      In-place
      Legal Hold
      E-mail
      Servers
      Collect
      Copy/Move
      Legal Store
      File
      Shares
      Backup
      Archives
      Celerra or Centera with FLR
      Documentum with Records Management
      Document
      Repositories
      E-mail
      Archives
    • PST
      NSF
      eDiscovery Behind the Firewall
      ESI Source Data Collected Data
      COLLECTION AND CULLING SOFTWARE
      Laptops and
      Desktops
      Output to Outside Counsel
      Early Case Assessment
      First Pass Review
      File
      Servers
      Culling
      E-mail
      Servers
      Legal Store
      E-mail
      Archives
      PST/NSF
      Files
      Cull-down
      Deduplicate
      Automated
      Targeted
      Collected Documents
      +
      Metadata
      +
      Verification Report
      +
      Search Query Report
      Index-less
      Forensically
      Sound
      Document Management Repositories
      USB Drives
      LITIGATION SUPPORT OR IT
    • Platform within the Firewall
      High performance (Bandwidth, CPU and Repository/Storage Access)
      Culling reduces ESI volume – Saves analysis and review expense
      Delivers ESI control to In-House Counsel
      Delivers a ECA & First Pass Review capability
      Reduces Production volume and mitigates risks
    • eDiscovery Behind the Firewall: Top Five Reasons
      Gain insight into Corporate ESI
      • What do we have?
      • What do we do with it?
      • How to create policies and procedures to handle differing Info types?
      Gain control of what and how much ESI leaves the corporation
      • Data Leakage
      • Risk Mitigation – Privileged, Confidential, Relevant and Non-Relevant
      • Increase time to data
      • Reduce dependence on or reduce Third party review costs
      • Implement Legal Hold
      Gain understanding of Risk and create Legal Strategy for a specific Litigation
      • Who knew what when….
      • Is there a “Smoking Gun” or ESI Vindication document
      Increase responsiveness and capabilities to reduce frivolous law suits
      • Stop procedural focused cases
      • Reduce time to solution
      Reduce litigation cost
      • Identification, PreCulling, Collection, Analysis, Review, and Production
      • Attorney and outside counsel time investment
    • Q&A
      J. David Morris, eDiscovery - EMC Information Intelligence Group (IIG)
      David.Morris@emc.com
      www.Kazeon.com/discover