2 7-2013-big data and e-discovery


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2 7-2013-big data and e-discovery

  1. 1. Automation. Collaboration. Integration. Big Data Converging with Legal, Information Governance and Regulatory Requirements February 7, 2013 Adam Cohen, Esq., Principal, Ernst & Young Mark Melodia, Esq., Partner, Reed Smith, LLP Adam Wells, VP of E-Discovery Services, TERIS Bob Rohlf, Esq., E-Discovery Counsel, Exterro, Inc. (moderator)
  2. 2. About Exterro The leading e-discovery software suite that unifies all phases of e-discovery – from identification through attorney review and production Open architecture seamlessly integrates with existing business processes and enterprise infrastructures
  3. 3. Exterro Fusion® Platform
  4. 4. Today’s Speakers Adam Cohen, Esq. Principal, Fraud Investigations and Dispute Services Ernst & Young • Expert in electronic discovery and electronic information management with more than 15 years of experience in law and technology, focusing on large-scale investigations and litigations as well as proactive information management policies, procedures and technology • Well-known author and lecturer in the field of electronic discovery, and has served as a court-appointed expert on electronic discovery issues in Federal Court • Co-author of treatise Electronic Discovery: Law and Practice, cited as authority in landmark federal court opinions (including Zubulake v. UBS Warburg and Lorraine v. Markel) and author of the forthcoming book Managing Social Media Legal Risks through Corporate Policy (to be published this March). • Adjunct faculty member at Fordham and Pace Law Schools in New York, teaching Electronic Discovery courses designed to prepare the next generation of attorneys for effective practice in this area • Member of the Sedona Conference working group on electronic discovery and co-chairs the New York State Bar Association’s electronic discovery committee
  5. 5. Today’s Speakers Mark Melodia, Esq. Partner Reed Smith, LLP • Leads the Global Data Security, Privacy & Management practice as a partner within the Global Regulatory Enforcement Group • Experienced in litigating putative class actions and other "bet-the-company" suits in the following three areas: (1) data security/privacy; (2) mortgage/financial services; and (3) other complex business litigation • Routinely represents clients responding to government privacy investigations, including before the Federal Trade Commission, the Office for Civil Rights, the State Attorneys General, and the United States Department of Justice • Frequent author and speaker on issues surrounding privacy and other regulatory compliance concerns
  6. 6. Today’s Speakers Adam Wells Vice President of Business Development and eDiscovery Services TERIS • Expert in eDiscovery and Information Governance • Provides clients with strategic direction and best practice guidance on a variety of Information Governance issues • Frequently speaks on a wide range of eDiscovery and IG issues, from social media to defensible deletion • Nearly 10 years of experience in the eDiscovery field • Prior to joining TERIS , served as eDiscovery lead for large national law firm, where he crafted firm-wide eDiscovery guidelines and counseled and implemented eDiscovery plans for clients
  7. 7. Today’s Speakers Bob Rohlf, Esq. / MBA E-Discovery Counsel Exterro, Inc. • Inside Counsel at Exterro • Expert in e-discovery delivery systems, advises Exterro’s development team on product functionality • Managed business process improvement projects in a number of national and regional companies representing the transportation, energy, manufacturing, electronics, foods, and leisure sectors • Extensive knowledge in managing professional services teams and building effective client relationships • Frequently writes and presents on various e-discovery issues
  8. 8. AgendaWhat is Big Data? Problems Presented by Big Data Best Practices for Handling the Big Data Paradigm
  9. 9. AgendaWhat is Big Data? Problems Presented by Big Data Best Practices for Handling the Big Data Paradigm
  10. 10. Exploding Amounts of Data of all digital data in the world has been created in the last 2 years Number of bytes created globally each day
  11. 11. Where Does this Data Come From? GPS Devices Cell Phone ActivityCredit Card Transactions Facial Recognition Survey Data
  12. 12. What is Big Data? “Better analytics have made data sets more valuable” “Big data is changing how we consume energy, receive healthcare, monitor animal migration, track the weather and more”“The power to reveal hidden truths about our companies, about our lives, about "The accumulation of very large data sets to society as a whole” create analytics will be the basis of competition going forward for individual firms, for sectors and even for countries. Those companies that are able to use data effectively are more likely to win in the marketplace."
  13. 13. Example of Big Data in Action
  14. 14. What Does Big Data mean for LegalTeams? More Costs
  15. 15. AgendaWhat is Big Data? Problems Presented by Big Data Best Practices for Handling the Big Data Paradigm
  16. 16. E-DiscoveryPreserving ALL potentially relevant information Searching Processing & Collection
  17. 17. Information Governance *Security protocols *Integration of data across sources *Data retention policies*Data expiration *Data mapping *Data classification
  18. 18. Regulatory Compliance
  19. 19. Class Actions Hundreds of class Further questions actions filed over over data mining, privacy issues analytics, purchase & resale of data sets Major class actions currently Exploitation of public filed about the anxiety surrounding collection /use of privacy issues locational data
  20. 20. AgendaWhat is Big Data? Problems Presented by Big Data Best Practices for Handling the Big Data Paradigm
  21. 21. Best PracticesInformation Governance Establish and Frequently Create a Data Map Update Protocols Proactively identify where data Join forces with legal, records resides before litigation or and information mgmt., regulatory inquiries occur compliance teams to create a comprehensive Big Data policy Classify data Defensibly Delete Data Proactively manage information Champion document retention by classifying data into buckets policies even in the face of the for retention, security, audit, Big Data benefits legal and business intelligence purposes
  22. 22. Best PracticesE-Discovery Create an Automated Utilize Predictive Legal Hold Process Technologies Identify all custodians / data Know more about matters sources and create a legal hold sooner when searching data sets process that… • Tracks all custodian responses • Issues legal hold reminders, re-issuance, releases • Inquires about custodian Integrate with Multiple follow-up interviews Systems • Enable users to find gaps in To quickly search and preserve the process to subsequently potentially relevant information create a more efficient process integrate your data management tool with other systems (SharePoint, Outlook, etc.)
  23. 23. Key Takeaways Adam Mark Adam Cohen Melodia Wells
  24. 24. Exterro Fusion® Platform
  25. 25. Automation. Collaboration. Integration. Thank You! For more information, please contact: Adam Cohen, adam.cohen1@ey.com Mark Melodia, mmelodia@reedsmith.com Adam Wells, awells@teris.com Bob Rohlf, bob.rohlf@exterro.com To learn more about Exterro, please visit: www.exterro.com © 2012 Exterro, Inc.. All rights reserved. THIS DOCUMENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED AS ADVERTISING. ALL WARRANTIES RELATING TO THE INFORMATION IN THIS DOCUMENT, EITHER EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE MAXIMUM EXTENT ALLOWED BY LAW. THE INFORMATION IN THIS DOCUMENT IS SUBJECT TO CHANGE WITHOUT NOTICE.