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 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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  • Note to Presenter: Click now in Slide Show mode for animation.
    According to IDC, between now and 2020, the amount of digital information created and replicated in the world will grow to an almost inconceivable 35 trillion gigabytes or 35 zettabytes.
    Note to Presenter: Click now in Slide Show mode for animation.
    More than 70 percent of the digital universe is generated by individuals. But enterprises have responsibility for the storage, protection, and management of 80 percent of the digital universe. This enterprise liability will only increase as social networking and Web 2.0 technologies continue to invade the enterprise.
    Note to Presenter: Click now in Slide Show mode for animation.
    It’s estimated that almost 50 percent of digital information will require IT-based security beyond a baseline level of virus and physical protection. But not all data needs equal protection so the ability to classify information is paramount. For example, the portion that needs the highest level of security is small, but it will grow by a factor of 100.
    Note to Presenter: Click now in Slide Show mode for animation.
    And, the various formats in which this digital information is contained (such as files, records etc.) will grow by a factor of 67 between 2009 and 2020.
    Note to Presenter: Click now in Slide Show mode for animation.
    A significant portion, more than one-third, of digital information will be centrally hosted, managed, or stored in public or private repositories that we call “cloud services.” And, even if the information doesn’t ultimately live in the cloud, in all likelihood it will pass through the cloud at some point in its life.
    The bottom line is that the consequences of not proactively managing information will be severe.
    Note to Presenter: The IDC white paper cited on the slide is available on at this URL:
  • Today we’ll discuss a content intelligence challenge that faces numerous businesses like yours—unmanaged file growth. Examples of questions to answer are where is it located, how much do you have, and when can you delete it.
    We will then examine EMC's offering to address this business challenge, EMC SourceOne File Intelligence.
    We will then follow up with some representative use cases and conclude with a summary.
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  • Collection is often a primary challenge in corporations.
    IT is typically tasked with performing collections and they face the following two challenges most commonly:
    ESI is dispersed enterprise-wide and IT has no/limited visibility into what content lies where
    Collection is not done in a targeted fashion thereby leading to high costs (redundant storage of TBs) and liabilities (over-collection means preserving more content than necessary and being responsible for it’s sanctity)
    Targeted collection is required for an intelligent collection and resulting processing/culling.
    Processing and culling of data means a smart way of filtering out unnecessary/irrelevant information for that specific case or situation.
    This requires proper knowledge of that that ESI contains.
    Moreover the index resulting from the process has to be light-weight and easy to manage.
    Finally, detailed reporting on the whole process is critical to defensibility and transparency.
    More details on the following slide.
  • Behind The Firewall In-House E Disco Final

    1. 1. Behind the Firewall – Why Organizations are Deploying eDiscovery Solutions In-House J. David Morris, EMC – Information Intelligence Group
    2. 2. Information by 2020: The Big Picture 35 ZBThere will be lots of it Generated by individuals >70% Digital information requiring security beyond baseline levels 30– 50% Digital information created annually that will either live in or pass through the cloud >1/3 Growth factor for number of files, images, records, and other digital information containers 67 Information Source: “The Digital Universe Decade: Are You Ready?”, EMC-sponsored IDC White Paper, May 2010 Consequences of not managing information? SEVERE
    3. 3. Sources Format Electronic Content Cross-borderSpeed Volume Information by 2020: The Big Picture
    4. 4. 10x increased costs to outsource $1.5M average cost per incident $34M average annual legal costs 89% of companies face litigation $18M+ cost to review 1 TB of info The eDiscovery Cost Factoid: The average Fortune 500 company has 147 concurrent lawsuits. Gartner
    5. 5. Zubulake vs UBS Warburg Part V 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 LITIGATION LACK OF PRIVACY SANCTION: Default Judgment Court Awards 8 Million Dollar Default Judgment Against HyundaiMultinational 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. Lender throws private documents in dumpsterAmong 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. eDiscovery Cost, the Nightmare!
    6. 6. Fulbright & Jaworski
    7. 7. 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 0% 10% 20% 30% 40% 50% 60% 70% Dismissal of Claims (1 Case) Counsel Sanctioned (2 Cases) Preclusion (2 Cases) Other Monetary Sanctions (3 Cases) Adverse Inference (4 Cases) Costs and/or Fees (14 Cases) 5% 10% 10% 14% 19% 67% Farrah Pepper, et. al. Gibson & Dunn
    8. 8. Traditional Model 1 Original ESI Duplicate copy of ESI Sent to Outside Counsel for Review Agents
    9. 9. Traditional Model 2 Original ESI Centralized archive Outside Counsel for Review Archive
    10. 10. Traditional Models 1. Over Collect ESI & Send Volumes of ESI outside the corporation 2. Significant cost to replicate storage, esp., as ESI trends into the 10s of Terabytes 3. Manual type process is challenging to replicate 4. Review costs high due to lack of culling 5. Loss of control of Confidential and Intellectual Property
    11. 11. Desktops, Remote Offices, and Laptops Custodian ESI Target Legal Hold Legal Hold or Legal Store or Preservation Store Collect Copy/Move Legal Store In-place Legal HoldE-mail Servers File Shares Backup Archives E-mail Archives Document Repositories Platform within the Firewall ESI Identification & Collection SourceOne Records Manager Celerra or Centera with FLR Documentum with Records Management eDiscovery Behind the Firewall Internet Outside Counsel Review via VPN
    12. 12. ESI Source Data Collected Data COLLECTION AND CULLING SOFTWARE Cull-down Deduplicate Automated Targeted Collected Documents + Metadata + Verification Report + Search Query Report Index-less Forensically Sound LITIGATION SUPPORT OR IT Laptops and Desktops File Servers E-mail Servers E-mail Archives PST/NSF Files Document Management Repositories USB Drives Legal Store eDiscovery Behind the Firewall Early Case Assessment First Pass Review Output to Outside Counsel Culling
    13. 13. Platform within the Firewall 1. High performance (Bandwidth, CPU and Repository/Storage Access) 2. Culling reduces ESI volume – Saves analysis and review expense 3. Delivers ESI control to In-House Counsel 4. Delivers a ECA & First Pass Review capability 5. Reduces Production volume and mitigates risks
    14. 14. eDiscovery Behind the Firewall: Top Five Reasons 1. 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? 2. 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 3. 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 4. Increase responsiveness and capabilities to reduce frivolous law suits • Stop procedural focused cases • Reduce time to solution 5. Reduce litigation cost • Identification, PreCulling, Collection, Analysis, Review, and Production • Attorney and outside counsel time investment
    15. 15. Q&A J. David Morris, eDiscovery - EMC Information Intelligence Group (IIG)