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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