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Webinar Win In Court V3

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  • 1. Kazeon Confidential - DO NOT DISTRIBUTE Winning in Court: Authenticity and Admissibility of Electronic Data
  • 2. Kazeon Confidential - DO NOT DISTRIBUTE Agenda for Today  Key Challenges of eDiscovery Today  Questions for Consideration  Customer Requirements  Overview of Kazeon Solution  Q&A 2
  • 3. Kazeon Confidential - DO NOT DISTRIBUTE Only 20% of companies are prepared for eDiscovery issues 70% of Discovery costs are in attorney review Attorney Review 80% of ESI resides on laptops, file shares and email systems Digital Proliferation Average cost of single eDiscovery case is $1.5M Cost Fines or Jail Time for Corporate Officers $ Millions in fines for inadequate or incomplete data Challenges of eDiscovery ++ ++ Sources: Taneja Group, Gartner Group, ESG, Ponemon Institute Escalating Costs Increasing Scrutiny and Risk Preparation Criminal Actions Fines
  • 4. Kazeon Confidential - DO NOT DISTRIBUTE eDiscovery: Are You Prepared?  U.S. Federal Rules of Civil Procedure (FRCP) specify that electronically stored information (ESI) is discoverable – Ensures no surprises in court, everyone is prepared and each party knows what the other has – Pretrial resolution strongly encouraged; both parties can evaluate strength of other’s case  However… – 63% have been asked to perform legal discovery request (increase of 57% in 1 year) – Only 47% say their “somewhat comfortable” while 10% are not at all comfortable – Less than 20% of companies claim to be prepared for eDiscovery Issues – Average cost of eDiscovery case is $1.5M 4
  • 5. Kazeon Confidential - DO NOT DISTRIBUTE FRCP 26 - Discovery  December 2006 Update – Handles discovery of electronic documents – Rules 16, 26, 33, 34, 37 and 45  26(a) Initial Discovery – Initial discovery of ESI data sources and making available to all parties  26(f) Meet and Confer / Discovery Plan – Meet and Confer Session – understand each other’s defenses, discoverable material, develop discovery plan, seek settlement – Discovery Plan: what information each party will make available, in what form, when and any privileged statement – Rule 16 scheduling conference; parties get organized to provide for efficient process and facilitate settlement 5
  • 6. Kazeon Confidential - DO NOT DISTRIBUTE FRCP 26(f) - Timeline  Meet and Confer Session – As soon as practical after lodging suite (usually within 30-90 days) – At least 21 days before Rule 16 scheduling conference  Deliver initial disclosures to other party within 14 days of Rule 26(f) Meet and Confer session  Submit discovery plan to court within 14 days of Rule 26(f) Meet and Confer Session  Hold Rule 16 scheduling conference with 120 days of lodging suit 6
  • 7. Kazeon Confidential - DO NOT DISTRIBUTE Authenticity and Forensics Historical Approach to Forensics  Image copy of hard drives or data stored on servers  High cost and big data management problems – Average Cost $2,000 - $3,500 per drive – Duplication of data in down-stream review 7 Experts urge caution in using Forensic Imaging for Civil Cases  A “forensically sound” copy of a file preserves details of its chain of custody while accompanying metadata  A copy/move activity records information about the file, such as when it was written, ownership, times it had been “touched”, location  Validation that it is exact copy
  • 8. Kazeon Confidential - DO NOT DISTRIBUTE Advise from Experts 8 http://www.thesedonaconference.org/content/miscFiles/TSC_PRINCP_2nd_ed_607.pdf …making forensic image backups of computers is only the first step of an expensive, complex, and difficult process of data analysis that can divert litigation into side issues and satellite disputes involving the interpretation of potentially ambiguous forensic evidence …it should not be required unless exceptional circumstances warrant the extraordinary cost and burden …protective measures that take into account privacy rights, attorney-client privilege, and the need to separate out and ignore non-relevant information
  • 9. Kazeon Confidential - DO NOT DISTRIBUTE Key Questions for Consideration  Do I know where all potentially responsive data resides and can I quickly find it?  How do I know if what is collected is complete and accurate?  How can I ensure that information is not altered to avoid spoliation?  How to cull down only relevant data and minimize legal review time and cost?  How do I ensure what I submit as responsive is authentic and how do I prove it? 9
  • 10. Kazeon Confidential - DO NOT DISTRIBUTE What Customers are Asking For…  Business Requirements – Efficiency • Reduce cost with more efficient in- house data collection, analysis and preservation – Speed of Resolution • Improve analysis and speed to resolution with faster preservation and processing – Downstream Savings • Create downstream savings by sending single copy and only relevant content for legal review – Reduced Risk • Improve ability to implement and manage litigation holds on ESI at data source with complete and accurate results  Technical Requirements – Automation • Reduce manual eDiscovery process with transparency to operations – Defensible and Auditable • Defensible, repeatable and auditable process – Control • Gain control of unmanaged and potentially responsive data in a secured infrastructure – Enterprise-Wide Coverage • Enterprise-wide coverage of ESI and Data Map with single View 10
  • 11. Kazeon Confidential - DO NOT DISTRIBUTE Kazeon Solution for eDiscovery  Enables Corporate Legal and IT teams to: – Identify, classify, manage and preserve information according to business value and risk – Respond rapidly and efficiently to litigation, investigation, or compliance requirements – Minimize cost of electronic discovery while mitigation organization risk – Enable forensically-sound, defensible, auditable and complete discovery 11
  • 12. Kazeon Confidential - DO NOT DISTRIBUTE Electronic Discovery Reference Model (EDRM) 12 Kazeon provides solutions for both Proactive and Reactive eDiscovery Information Management VOLUME Source: EDRM.NET Proactive eDiscovery Identification Preservation Collection Processing Review Analysis Production Presentation RELEVANCE Reactive eDiscovery
  • 13. Kazeon Confidential - DO NOT DISTRIBUTE Kazeon Proactive eDiscovery 13 Information Management VOLUME Source: EDRM.NET Proactive eDiscovery Identification Preservation Collection Processing Review Analysis Production Presentation RELEVANCE Reactive eDiscovery Information Discovery • Visibility of all information assets • Data map of enterprise data • Custodian maps • Federated view across enterprise Indexing and Classification • Automated indexing and classification • Auto or user-defined tagging • Classification based on risk and value • Associated appropriate policies (retention, legal hold, disposition, encryption) Proactive Management • Manage and monitor information assets • Archive and migrate data into ECM, Email Archive and Records Mgmt • Modify policies as appropriate Policy Enforcement • Apply and enforce policies (retention, disposition, etc.) • Create auditable and defensible process Kazeon Proactive eDiscovery
  • 14. Kazeon Confidential - DO NOT DISTRIBUTE Kazeon Reactive eDiscovery 14 Identification Preservation Collection Processing Review Analysis VOLUME Source: EDRM.NET RELEVANCE Information Management Production Presentation Proactive eDiscovery Reactive eDiscovery Identification • Comprehensive data maps • Custodian reports • Enterprise coverage Targeted Collection • Custodian,mailbox, laptop and file shrs • Keyword, date range based collection • Collected data copied and preserved Preservation • In-place legal hold and release • Legal hold on collected data • Support for hold repositories (Enterprise Vault, NetApp SnapLock) In-House Processing • Indexing collected ESI • De-duplication, system file culling • Exception reporting Analysis • Early case assessment • Email threading • Keyword, date range, boolean search Review • Native or text review • Document coding • Export (native format, metadata, content hash) Kazeon Reactive eDiscovery Kazeon = Repeatable Business Process with Standardized Tools
  • 15. Kazeon Confidential - DO NOT DISTRIBUTE Kazeon Legal Discovery Solution  As part of Kazeon’s eDiscovery portfolio, the Legal Discovery Solution automates the discovery, classification, searching, reporting and ability to take action on potentially responsive information scattered across the network TECHNOLOGYWORKFLOW Search Classify Act  Scan Network, desktop, file shares, remote offices, endpoint laptops  Hundreds of file formats  Create data map  Single-Step Collection from all locations  Content-based collection  In-place Legal Hold or at Target  Advanced Search  Boolean, Wildcard, fuzzy, proximity, range, boosting, grouping  Combine text & metadata attributes  Analyze summary and drilldown views  Predefined and customizable reports  Report by date, content, custodian or user defined fields  Quarantine, move, copy, protect, delete, encrypt  Export to industry standard formats  Monitor & ongoing Auditing Legal Discovery Solution Discover
  • 16. Kazeon Confidential - DO NOT DISTRIBUTE  Basic metadata or full- text scans  Automated scan/rescan for incremental updates (proactive)  “One-step” process for targeted collection (reactive)  Transparent to end users 16 Discovery of ESI Sources Proactive and Reactive discovery of ESI Sources
  • 17. Kazeon Confidential - DO NOT DISTRIBUTE Discovery of ESI Sources  Supports all file systems, group shares, desktop workstations, remote laptops, email systems and document and backup archives  Minimal impact on operational performance (out-of- band)  Supports over 400 file and document formats Automatically discovers and scans network devices for further review and analysis Server or Appliance
  • 18. Kazeon Confidential - DO NOT DISTRIBUTE Laptop/Desktop Collection  Agent-less scanning for laptops and desktops  Scan profiles exclude windows binaries and applications  Checkpoint & auto-restart for efficient scanning  Supports dynamic connects and disconnects  Unique preview capability to view file text when laptop is disconnected from the network Remote Office Edition Laptops and Desktops Kazeon Cluster Eliminate manual desktop collection and over-collection
  • 19. Kazeon Confidential - DO NOT DISTRIBUTE How Collection Works… 19 1 Discover or Target specific sources 2 Initiate “Single-Step” Collection & designate Target 3 Refine Search Criteria for greater granularity Source Target Exclude Windows Files, Directories, etc. Data Range Key Words Email Sender 4 Create and View Discovery Report Name Report Select Columns for Summary and Detail Reports
  • 20. Kazeon Confidential - DO NOT DISTRIBUTE Additional Search Capabilities  Advanced search includes: – Keyword (e.g. confidential, financial projections, financial projections) – Phrase (e.g. “guaranteed revenue return”) – Boolean (e.g. word1 AND word2) OR (my phrase) – word3) – Wildcard (e.g. filename: b?g) – Fuzzy (e.g. roam~.8) – Proximity (e.g. word1, word2 ~10) – Range (e.g. mtime: [01/01/2008 TO 02/22/08] – Boosting (e.g. word1^5 word2) – Fielded (e.g. owner: john smith)  Federated search and reporting for large environments  Email and user-defined templates Advanced Search using Google-like search engine with full integration with authentication infrastructure Federated Search and Reporting
  • 21. Kazeon Confidential - DO NOT DISTRIBUTE FRCP 26(a) and 26(f)  26(a) Initial Discovery – Initial discovery of ESI data sources and making available to all parties  26(f) Meet and Confer – understand each other’s defenses, discoverable material, develop discovery plan, seek settlement – Discovery Plan: what information each party will make available, in what form, when and any privileged statement – Rule 16 scheduling conference; parties get organized to provide for efficient process and facilitate settlement 21 Collection and Culling to create relevant Data Map for quick preparation in initial Discovery and preparation for Meet and Confer Case555 - Data Map by Custodian ESI Data Map - By Type or Group
  • 22. Kazeon Confidential - DO NOT DISTRIBUTE In-House Processing Processing of ESI to cull-down to relevant results  Auto-coding to cull-down ESI – Attorney-Client privileged documents – Personal e-mails – Company Announcements – Rule based classification and re- classification – Document preview – Sophisticated tagging identifies “responsive, privileged…” docs – De-duplication  Composite object break- downs – .PST files down to individual emails and attachments – .ZIP multiple file archives – Early Case Assessment based on Collection – Any exceptions found during the culling process are reported for appropriate action
  • 23. Kazeon Confidential - DO NOT DISTRIBUTE Preservation Copy culled ESI to hold repositories (Enterprise Vault, NetApp SnapLock, secured File Shares) Removal of Duplications Preservation of Source Hierarchy Preservation of Timestamps (creation, access, modified times, etc) Something about authenticity of copied data (hash values?) After files have been culled, the next step is to take action on the results to ensure preservation of relevant data and protect against spoliation
  • 24. Kazeon Confidential - DO NOT DISTRIBUTE Legal Holds  In-place Legal Hold or at Target  Forensically-sound copies maintain chain of custody  Preserved file attributes, metadata, hierarchy, revisions and timestamps  Preservation of original file-path folder structure (source)  Integrates with Archive Repositories such as Symantec Enterprise Vault  Continuous protection by automatically scanning and preserving new files After files have been culled, the next step is to take action on the results to ensure preservation of relevant data and protect against spoliation Secondary File Share Compliant Storage Compliance DataReference Data (NetApp NearStore) Enterprise Vault, NetApp SnapLock COPY to secondary storage or to repository
  • 25. Kazeon Confidential - DO NOT DISTRIBUTE Tagging Information Customizable Tags Applied to Relevant Data; – Responsive – Privileged – Reviewed – On Legal Hold – User-defined Quickly identifying and tag privileged information for Meet and Confer / Discovery Plan – Privileged Statement After files have been culled, the next step is to take action on the results to ensure preservation of relevant data and protect against spoliation Tagged as: Responsive
  • 26. Kazeon Confidential - DO NOT DISTRIBUTE Authenticity and Auditing  Standard Audit Reports  System Auditing – All user and system activity with information about who did what when – User login – OS startup & shutdown, cluster startup and shutdown, reboots, and AD configuration changes  Data Auditing – Search Query and Report – File history by Source (history of actions on a file/email/attachment) • Who, when, what, how, from, to, input, output • Object path, Owner, Timestamps, Size Full Auditing of System and Data Activity and reporting to Rules of Evidence
  • 27. Kazeon Confidential - DO NOT DISTRIBUTE Content Analytics Reports  Analyze summary and drill-down views  Analysis by date, content, custodian or user defined fields  Export to industry standard formats (XML, CSV, PST, ZIP) 40+ standard reports or easily create custom reports
  • 28. Kazeon Confidential - DO NOT DISTRIBUTE Analytics: Matter Management  Analyze by Case, Legal Exception or Type of Document  Take Action directly from Search or Reports 40+ standard profiles or easily generated custom profiles
  • 29. Kazeon Confidential - DO NOT DISTRIBUTE 29 Review Analytics
  • 30. Kazeon Confidential - DO NOT DISTRIBUTE 30 Review and Production  Produce de-duplicated, culled and pre-reviewed data for further legal review  Export search results to native format or CSV, download to PST or ZIP  Kazeon Hold Location used by downstream legal review tool for further legal review and production (Attenex, Summation, Concordance) Select specific files or entire Result Set for Download to ZIP. Emails export to PST format Export selected search / report rows to XML or CSV format
  • 31. Kazeon Confidential - DO NOT DISTRIBUTE Complete Enterprise Coverage  Enterprise-wide deployment including data center, remote offices and mobile users  Supports all file systems, group shares, desktop workstations, remote laptops, email systems and document, email and backup archives  Minimal impact on operational performance (out-of-band and agent-less) Exchange Servers Email Archives Document Archives Encrypted Storage File Shares Backup Archives Desktops, Remote Offices and Laptops PST Remote Offices WAN Desktops, File Servers Data Centers Information Server (Software-Only or Appliance) No IT Personnel IT Personnel Mobile UsersInternet
  • 32. Kazeon Confidential - DO NOT DISTRIBUTE Federated Enterprise Deployment over WAN Regional HQ Data: 50+ TB WAN File Shares, Desktop, Laptop, Email Corporate HQ Data: >100 TB Remote Office Data: <1 TB WAN Remote Office Data: <1 TB Kazeon Server (Software Only) File Shares, Desktop, Laptop, EmailFile Shares, Desktop, Laptop, Email Kazeon Server (Software Only) Kazeon Cluster Kazeon Cluster File Shares, Desktop, Laptop, Email Federated Enterprise Deployment Typical Data Landscape 1 Corporate HQ: >100 TB 1-2 Regional HQ: 50+ TB Remote Offices: <1 TB Each Deployment Summary  Kazeon IS1200 Servers in Corporate and Regional HQ  Kazeon Software Deployed and manages Remote Offices Federated View of Information  Kazeon Information Center at Corporate HQ provides single view of enterprise-wide data  Unified (federated) view of Search across clusters  Unified (federated) Reporting from one interface (aggregate results by policy rule, etc) Information Center Only search results are sent to Information Center reducing impact on network
  • 33. Kazeon Confidential - DO NOT DISTRIBUTE Kazeon’s Portfolio for Legal Discovery Intelligently search, classify and act on electronically stored information – complimentary to existing data protection products 33 1. Kazeon Information Access Platform software  Core enterprise software for file and email discovery, classification, indexing and workflow actions 2. Kazeon Information Server  Product for solving customer business challenges optimized to address Information Security & Privacy challenges 3. Kazeon Information Center  Product for creation of federation groups (groups of clusters), Unified search and unified reports across federation groups 4. Exchange and Enterprise Vault Connectors  Search and classify email from exchange  Integration with Symantec Enterprise Vault
  • 34. Kazeon Confidential - DO NOT DISTRIBUTE Key Capabilities and Benefits  Key Business Benefits – Identify, classify, manage and preserve information according to business value and risk – Respond rapidly and efficiently to litigation, investigation, or compliance requirements – Minimize cost of electronic discovery while mitigation organization risk – Enable forensically-sound, defensible, auditable and complete discovery  Technical Benefits – Delivers highest performance and best scalability – Broadest support of information (structured, unstructured data with over 400 file formats) – Broadest reach and deployment options (enterprise wide to remote offices and endpoints) – Simple and easy to deploy with lowest TCO – Unified view of entire enterprise from single console – Only solution to deliver Proactive and Reactive Legal Discovery – Fully automated for continues eDiscovery 34 Awards:
  • 35. Kazeon Confidential - DO NOT DISTRIBUTE Thank You  Recipients will receive complimentary white paper: Legal Discovery and Litigation Preparedness  Recording of presentation will be posted on kazeon.com  Please complete online survey  For more information or product demonstration: – denise.reier@kazeon.com or info@kazeon.com – 1.877.KAZEON1 – www.kazeon.com 35
  • 36. Kazeon Confidential - DO NOT DISTRIBUTE Thank You