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Contoural Kazeon Webinar Insourcing E Discovery Nov 08 V1 1 3

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  • Mark
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  • Impact on IT
    Cost of storing email and files
    Cost of PST storage, backup and support
    Cost of restoring backup tapes (outsourced or in-house)
    Plus soft-costs and additional risk…
    Non-compliance with legal holds (sanctions, adverse inference)
    Challenges to integrity of data, etc.
    Cost of collection - $1-2,500 per imaged/searched PC. $1-1,500/GB to collect native files, $500-1,000/GB to index and search for terms
    Cost of collecting from a single custodian (2 years) – Email (2 GB) $3,000 + PC $1,500 + Network Files (10 GB) $10,000 = ~$15,000
    Cost of processing/culling (e.g., de-duplication, password cracking) $1,000/GB, $300/file to crack
    Cost of review (maybe  ) $200/hour @ 40 items/hour = $5/file or email
    Cost of redoing work across cases – 20-30% overlap in most cases
    Cost of production - $3,000/GB or $0.10/page to convert to numbered text PDF
    Impact on IT
    Cost of storing email and files
    Cost of location of PST
    Cost of restoring backup tapes (outsourced or in-house) Restoring Backups $2,000 to $5,000 per tape - often exceeding $200,000 per case
  • Mark
  • Geg
  • <SR> dropped common from perception
    Have to having
    Saving email will result in many more thousands of documents retrieved during discovery to Saving email = more to discover
    Expensive to have outside counsel to review these before handing over to opposing party to More to discover = more expensive review process
    The right product will allow filtering of messages to produce fewer email to be sent to outside counsel to The right technology can filter = fewer email for outside counsel
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  • Corporations of all sizes are constantly under threat of litigation, investigations, compliance requests, risk management matters and governance investigations and these can range from a variety of issues– with intellectual property, patent disputes, employee litigations, anti-trust issues, and HR and employee disputes being prominent ones.
    Larger organizations can have literally hundreds of outstanding litigations going on at any one point. This presentation will illustrate how Kazeon can help address these issues while minimizing cost and risk to your organization.
  • Kazeon helps organization revolutionize the way organizations manage information. We do this by leveraging the Kazeon Information Access Platform as a foundation to intelligently discover, search, classify and act on electronically stored information. All within a single, integrated end-to-end solution.
  • There are many issues that organizations face and here are a few of the trends we are seeing;
    - “Inaccessible data” becoming more accessible
    - Early Information Discovery and Inventory as critical first step to create Data Map
    - Proactive and Reactive eDiscovery solutions in-House at Corporations
    - Law firms and Service providers advocating Proactive eDiscovery
    - Geographically dispersed ESI – across Data Center, Remote Offices, Mobile devices
    - Corporations are bringing eDiscovery functions in-house for early case assessment
    - eDiscovery is emerging as fundamental IT infrastructure for enterprises
  • When selecting an eDiscovery solution for in-house legal discovery, there are several considerations you should look for in functionality; some of these include;
    Legal Hold, Preservation, Retention
    Data Integrity of ESI : ensuring NO Spoliation of data and metadata
    In-place Analysis and Review
    Search Accuracy & Completeness
    Desktop/Laptop eDiscovery
    Active content and Archive content eDiscovery
    Auditing & Chain-of-custody
    Scalability & Performance
    eDiscovery for Remote Offices
    Enterprise-wide eDiscovery and Federation
    Data Map and Custodian Map across Enterprise
    Analytics and Reporting Flexibility
  • Kazeon’s eDiscovery solution is designed to enable organizations legal and IT organizations with an end-to-end ediscovery workflow platform to manage the collection of information all the way thru to legal review.
    Our unique legal hold workflow capability allows an organization to place a litigation hold where the data resides (at it’s original location) or at a target destination such as within an archive such as Symantec Enterprise Vault or a secured file system. This allows you to take immediate action without having to deal with unnecessary collection.
    Our solution gives you the tools to quickly and easily locate potentially responsive information necessary for early case assessment and accomplish first-pass review – and you can do this without having to collect information, by performing the analysis and review tasks while the information is in it’s original place.
    When collection is required, we have a simple single-step collection process that quickly copes the relevant information into a secured location for further culling, analysis and review.
    Kazeon provides the industry’s lowest cost ediscovery solution while mitigating overall organizational risk.
  • All companies need to be concerned with both kinds of information management – Proactive and Reactive.
    The Information Management component represents the Proactive side of the EDRM model of which we often call records management or document management or data management – and many organizations have accumulated hundreds of TB’s of this information over a backlog of many years.
    Many companies that we talk to say their records management program may take years to get completely under control. Meanwhile, they may be subject to a lawsuit tomorrow and for information. Well, as well all know, you can’t say to a lawyer or regulator or to a judge that it’s going to take you 5 years to find the required information.
    That’s what we call reactive e-discovery. And so any time you are subpoenaed, any time there’s a case for action, you have to be ready to produce the information. And so most companies in the United States, most companies in the world, need to be prepared tomorrow for e-Discovery or reactive information management even if they are working toward a longer-term Proactive Approach.
    Kazeon is designed to help address both the longer term requirements of Proactive eDiscovery as well as a repeatable business process for the Reactive model.
  • Transcript

    • 1. info@contoural.com In-sourcing e-Discovery What and How Much Can You and Should You Do In House Mark Diamond President & CEO November 20, 2008
    • 2. CONTOURAL CONFIDENTIAL Copyright © 2008 May not be distributed or reproduced without written authorization. Page 2 Legal Information Is Not Legal Advice Contoural provides information regarding business, compliance and litigation trends and issues for educational and planning purposes. However, legal information is not the same as legal advice -- the application of law to an individual or organization's specific circumstances. Contoural and its consultants do not provide legal advice. Clients should consult with competent legal counsel for professional assurance that our information, and any interpretation of it, is appropriate to each client's particular situation. Confidentiality The information contained in this Presentation constitutes trade secrets and/or information that is commercial or financial and confidential or privileged to Contoural. It is furnished in confidence, with the understanding that it will not, without the prior written permission of Contoural, be used or disclosed for other than evaluation purposes. Disclaimer
    • 3. CONTOURAL CONFIDENTIAL Copyright © 2008 May not be distributed or reproduced without written authorization. Page 3 New Litigation Environment Reasonably Accessible Sanctions ESI Data Map December 1, 2006 FRCP Amendment Local Protocols Spoliation Reasonable Anticipation of Litigation30(b)(6) Witness Safe Harbor Rule 26 Conference Cost Shifting
    • 4. CONTOURAL CONFIDENTIAL Copyright © 2008 May not be distributed or reproduced without written authorization. Page 4 Electronic Document Accumulation Making e-Discovery More Difficult Source: Contoural Osterman Research Report 2008 Storage Growth from E-mail: 2006 to 2007 Average E-mails Per User Per Day Growth Greater Than 50% 14% 15% 47% 24% Storage Growth 0 to 10% Growth 26% to 50% Storage Growth 11% to 25%
    • 5. CONTOURAL CONFIDENTIAL Copyright © 2008 May not be distributed or reproduced without written authorization. Page 5 Many Bad Things Can Happen…
    • 6. CONTOURAL CONFIDENTIAL Copyright © 2008 May not be distributed or reproduced without written authorization. Page 6 e-Discovery is Driving Up Cost of Litigation  Collection • $1,500/PC • $1,000/GB network files, • $1,000/GB index & search  Processing/culling (de-duplication, password cracking) • $1,000/GB  Review • $200/hour @ 40 items/hour = $5/file or email  Estimated Costs in U.S. Commercial Litigation: • 2006 $1.923B • 2007 $2.865B Source: Socha Consulting “I’m seeing discovery taking up 70% of cost of litigation” – Former New Jersey Assistant Attorney General “Too often it’s cheaper to settle early to avoid e-discovery costs, even when we believe the claim has little merit” – General Counsel, Fortune 500 company
    • 7. CONTOURAL CONFIDENTIAL Copyright © 2008 May not be distributed or reproduced without written authorization. Page 7 Insourcing Outsourced Discovery In-House $$ Outside Counsel and Vendors In-House $$ Outside Counsel and Vendors E-Discovery Reference Model (source EDRM.net) Traditional E-Discovery Practice) Newer E-Discovery Best Practice
    • 8. CONTOURAL CONFIDENTIAL Copyright © 2008 May not be distributed or reproduced without written authorization. Page 8 Factors Driving Strategy Litigation Profile Litigation history and forecast Type of litigation Anticipated caseload Probably venues Nature and sophistication of opponents Regulatory Compliance Regulatory requirements Regulatory environment Regulatory discovery requirements Data privacy requirements Sophistication and activity level of regulators Company Size and Use Documents Number of people Number of locations Quantity and distribution of documents and data Employee document use and needs Company culture Industry Size, type and nature State of industry Typical practices of peers Litigation profile of peers Multi-party litigation across industry
    • 9. CONTOURAL CONFIDENTIAL Copyright © 2008 May not be distributed or reproduced without written authorization. Page 9 Potential E-Discovery Activities to In- Source  ESI Data Mapping  Preservation/Archiving  Search  Collection  Culling/Dedupping  Processing  Review  30(b)(6) Witness Development
    • 10. CONTOURAL CONFIDENTIAL Copyright © 2008 May not be distributed or reproduced without written authorization. Page 10 Where Is the ESI? E-Discovery Responsibility – Ideal ArchiveE-Discovery Responsibility – Ideal Archive Server BackupServer Backup Client BackupClient Backup Typical Archive SolutionsTypical Archive Solutions Active Server Data •Databases/Applications •Email Server •File Servers Active Client Data •Office Files •Email (OST) Inactive Server Data (Online) •Data Warehouse •Database Dump/Export •Email on File Servers (PST) Inactive Server Data (Online) •Data Warehouse •Database Dump/Export •Email on File Servers (PST) Inactive Client Data (Online) •Email (PST) Inactive Client Data (Online) •Email (PST) Historical Server Data (Offline) •Backup Tapes •Old Disks Historical Server Data (Offline) •Backup Tapes •Old Disks Historical Client Data (Offline) •External Drives (Flash or Hard Disk) •CD/DVD Copies Historical Client Data (Offline) •External Drives (Flash or Hard Disk) •CD/DVD Copies Litigation Holds Target More Than Records
    • 11. CONTOURAL CONFIDENTIAL Copyright © 2008 May not be distributed or reproduced without written authorization. Page 11 ESI Data Map  Prepares Legal for “Meet and Confer,” Early Case Assessment  Primary elements  Inventory of data sources (where?)  Assigns primary “stewards” for collection and potential 30(b)(6) depositions  Determines accessibility of data  Solutions range from simple spreadsheets to real time custom applications  Primary parties are Legal, IT with business unit participation
    • 12. CONTOURAL CONFIDENTIAL Copyright © 2008 May not be distributed or reproduced without written authorization. Page 12 Elements of a Legal Hold Strategy Initial Repeat-able Defined Managed Optimizing Notice Notice is handled in ad hoc fashion Consensus on format and process Standard hold notice and process developed Hold notices are tracked in automated system Hold notice and update is audited Preservation Preservation systems vary by application Existing processes and systems are used for hold Critical items held with dedicated systems ESI types are prioritized and systems roadmap developed Holds are audited and updated as needed Standard Operating Procedures Preservation process determined as needed for each application IT and RM determine appropriate method for hold All types have process documented Retention processes are updated as new systems are brought online Hold process is audited Search Existing/built-in systems used to search data General search technologies applied Specific search technologies used for high-priority applications Various search systems are integrated Unified enterprise search is deployed Identification Determine identifying characteristics for each type on demand Consensus is developed for generic identification traits ESI map is used to identify data Advanced systems (fuzzy/proximity) are implemented Federated search with flexible identification is issued
    • 13. CONTOURAL CONFIDENTIAL Copyright © 2008 May not be distributed or reproduced without written authorization. Page 13 Creating Defensibility  Consistency  Service, processes, structures should be centrally defined and administered  Have a defensible records retention policy and schedule when deleting information  Accuracy  Spans all types of ESI and locations  Pretest litigation hold process  Verifiable  Document hold communications  Audit and log routine records destruction  Transparency  Show litigation hold is part of overall program  Develop processes for preserving departing employees’ documents
    • 14. CONTOURAL CONFIDENTIAL Copyright © 2008 May not be distributed or reproduced without written authorization. Page 14 Getting to a State of Litigation and Regulatory Readiness  No records retention/deletion policy  Unenforceable retention/deletion policy  Manual or employee-dependent document retention processes  No litigation hold processes  Resource-intensive E-Discovery processes  Underground archival via local copies in PSTs etc.  Selective employee archival  Inability to produce documents in native format  No control over document expiration  Up-to-date policy and process  Policy enforcement via technology  Automated collection, retention and expiration of e-mail  Robust litigation hold processes  Efficient E-Discovery processes with rapid discovery production  ESI Preparedness Data Map  Effective internal and external litigation case management  30(b)(6) prepared  Archive containing documents of record in native format  Well-communicated policies for employees
    • 15. CONTOURAL CONFIDENTIAL Copyright © 2008 May not be distributed or reproduced without written authorization. Page 15 e-Discovery Really Isn’t About Saving…  Do you know what you have?  Do you know where it is?  Can you search documents?  Can you easily retrieve documents?  Can you ensure you don’t delete what you shouldn’t?  Can you ensure you delete when you should?  Can you do all the above easily, quickly, defensible and cost effectively? It’s all about control.
    • 16. CONTOURAL CONFIDENTIAL Copyright © 2008 May not be distributed or reproduced without written authorization. Page 16 The Last Word: Don’t Let Perfect Be the Enemy of Good  Perfect policies and discovery processes don’t exist  Don’t get stuck on defining perfection at the expense of execution  Develop good policies, processes and practices today  Show the courts and regulators  You have a policy  You are taking reasonable efforts to follow your policy  You have a discovery hold process which you periodically test  You know what data you have where  You destroy unneeded, older, non-litigation or compliance related documents on a routine basis  Improve your policies and processes over time
    • 17. CONTOURAL CONFIDENTIAL Copyright © 2008 May not be distributed or reproduced without written authorization. Page 17 About Contoural Contoural is a leading provider of business and technology consulting services focused on compliance, litigation readiness, records retention, intelligent data management and storage strategy.  Experts on litigation readiness, compliance, electronic records retention, ILM and storage  Address both ends of spectrum: Attorneys, e-discovery experts, records managers combined with IT, archiving and storage specialists on staff  Bridge gap between policy development and execution  Recommended by Gartner, IDC, ESG and other analysts  Sells no products or document warehousing services  Team located across US  Engagements across world
    • 18. CONTOURAL CONFIDENTIAL Copyright © 2008 May not be distributed or reproduced without written authorization. Page 18 Contoural On-site Seminar Seminar Title: Best Practices for Saving E-mail and Other Documents – Reducing Risk, Ensuring Compliance and Lowering Costs Length: 2 hours including Q&A Who Should Attend:  General Counsel  Associate General Counsel and other in-house legal counsel  Legal Discovery Team  Records Managers  Chief Information Security Officers  Records Managers Cost: No charge for qualified prospects  Human Resource, Finance and Other Business Units  Compliance Officers  Audit  Chief Information Officer  Messaging Administrators  Storage Administrators
    • 19. CONTOURAL CONFIDENTIAL Copyright © 2008 May not be distributed or reproduced without written authorization. Page 19 For More Information – www.contoural.com Current Webinar Series Litigation Management Tools 101: A Non-technical Person’s Overview of Litigation Management Tools – Piece-by-Piece or One-stop Shopping? December 11, 2008 1:00pm Eastern/10:00am Pacific White Papers  How Long Should E-mail Be Save White Paper  Federal Rules of Civil Procedure White Paper  Impact of International Regulations White Paper  Six Steps for Managing ESI White Paper  10 Best Practices for Archiving White Paper  What IT Can Do If You’re Going to Be Sued White Paper Articles  E-mail Archiving: Planning, Policies and Product Selection  Are You Ready for New Compliance Rules  Applications to Find and Classify Data SearchExchange/Search Storage  E-mail Archiving eBook Series
    • 20. CONTOURAL CONFIDENTIAL Copyright © 2008 May not be distributed or reproduced without written authorization. Page 20 Key Take Aways  New environment requires litigation readiness  Activities and level of effort is specific to your organization’s profile and risk  Readiness may take the form of a number of activities  The order you approach these activities will vary  Create a strategic roadmap for a high-level view  Many organizations are in-sourcing part or a majority of their e-discovery activities
    • 21. CONTOURAL CONFIDENTIAL Copyright © 2008 May not be distributed or reproduced without written authorization. Page 21 Thank You and Questions  Reduce Risk  Ensure Compliance  Enable Litigation Readiness  Lower Costs Contoural, Inc. 1935 Landings Drive Mountain View, CA 940403 650-390-0800 markdiamond@contoural.com
    • 22. Kazeon Confidential - DO NOT DISTRIBUTE WhatWhat’s happening in the’s happening in the eDiscovery space?eDiscovery space? Karthik Kannan, VP Marketing & Business DevelopmentKarthik Kannan, VP Marketing & Business Development
    • 23. Kazeon Confidential - DO NOT DISTRIBUTE Kazeon’s Vision To revolutionize the way enterprises manage information by using Kazeon’s Information Management Software to intelligently discover, search, classify and act on electronically stored information.
    • 24. Kazeon Confidential - DO NOT DISTRIBUTE 24 eDiscovery Market TrendseDiscovery Market Trends 1. Corporations are bringing eDiscovery functions in- house 2. “Inaccessible data” becoming more accessible 3. eDiscovery is becoming standard IT or Legal budget item 4. Early Case Assessments a critical first step in eDiscovery 5. eDiscovery is emerging as fundamental IT infrastructure for enterprises 6. Geographically dispersed ESI – across Data Center, Remote Offices, Mobile devices
    • 25. Kazeon Confidential - DO NOT DISTRIBUTE 25 Top Considerations for SelectingTop Considerations for Selecting In-house eDiscovery SoftwareIn-house eDiscovery Software 1. Legal Hold, Preservation, Retention 2. Data Integrity of ESI : ensuring NO Spoliation of data and metadata 3. In-place Analysis and Review 4. Search Accuracy & Completeness 5. Desktop/Laptop eDiscovery without agents 6. Active content and Archive content eDiscovery 7. End-to-end risk reduction: Auditing, Chain-of-custody 8. Scalability & Performance 9. eDiscovery for Remote Offices and Federation 10.Data Map and Custodian Map across Enterprise
    • 26. Kazeon Confidential - DO NOT DISTRIBUTE Kazeon Solution for eDiscoveryKazeon Solution for eDiscovery  Enables Enterprises and Corporate Legal and IT teams: – End-to-end eDiscovery workflow from Collection, Legal Hold, Analysis to Review – In-house Early Case Assessment – In-house and In-place Analysis and Review – Legal Hold workflow and Process • In-Place legal hold and Preservation – Targeted Collection & Culling – Significantly reduce eDiscovery costs (> 90%) – Eliminate Risk in eDiscovery 26
    • 27. Kazeon Confidential - DO NOT DISTRIBUTE Electronic Discovery Reference Model (EDRM)Electronic Discovery Reference Model (EDRM) 27 Kazeon provides solutions for both Proactive and Reactive eDiscovery Information Management Information Management VOLUME Source: EDRM.NET Proactive eDiscovery IdentificationIdentification PreservationPreservation CollectionCollection ProcessingProcessing ReviewReview AnalysisAnalysis ProductionProduction PresentationPresentation RELEVANCE Reactive eDiscovery Legal Users Paralegal Attorneys
    • 28. Kazeon Confidential - DO NOT DISTRIBUTE Why Kazeon for In-House eDiscovery?  Kazeon is FIRST to market with end-to-end eDiscovery solution In-house and In-place for enterprises  Significant REDUCTION in eDiscovery Costs by reducing data going to service providers and number of legal professionals required  Significant REDUCTION in risk in eDiscovery process and automation of eDiscovery to reduce manual work and human errors  Defensible, Auditable, and systematic In-House and In-Place eDiscovery process from Collection, Legal Hold to Analysis, Review  Ability to assess merits of lawsuit – to settle or not settle; Early Case Assessments  Significant IMPROVEMENT in response time to litigation requests and REDUCTION in review workload and cost  Over 200 customers  Ranked #3 by revenue in eDiscovery software market  Over 3000TB and 50B documents under eDiscovery management  Pioneered concept of Proactive and In-place eDiscovery  Recognized as 2008 “Hot Company” by Network Product Guide  Raked POSITIVE by Gartner Market Scope for eDiscovery 2007; Top two eDiscovery companies in Gartner Information Access Magic Quadrant, 2007  Ranked in 5 Top Providers in 2008 Socha- Gelbmann (EDRM) Survey  Named 2008 Best Product Winner by Network Product Guide ; Kazeon in KM World’s “100 Companies that Matter”  Court-proven eDiscovery software and process from Kazeon Kazeon Fast Facts:Kazeon Fast Facts: 28

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