To The Cloud? IT Storage Alternative,
E-discovery Tool, or Both?
2
Agenda
 What is the Cloud?
 How is the Cloud Impacting E-Discovery?
» Mitigating Cloud Concerns
» Preservation and Colle...
What is the Cloud: Simple Depiction
4
These platforms contain ESI potentially relevant to litigation!
Examples of cloud pl...
 Simplicity:
» Fast deployment
» Uptime commitments
» Minimal expertise requirements
 Cost Savings:
» No hardware invest...
 April 2011 ComputerWorld report: 57% of CIOs and
storage administrators plan to adopt cloud storage.*
 August 2011 Lega...
Survey: The Cloud’s Impact on E-discovery
 For information governance and e-discovery, corporations
and law firms plan to...
Why are Legal Teams Even Talking About the
Cloud?
8
When the “Cloud” means…. Legal teams should care because…
...outsourci...
9
 Control (not location) determines discoverability
» Control does not require legal ownership or actual physical
posses...
Survey: Cloud E-Discovery
 Data security and privacy top the list of cloud e-discovery
concerns
Source: DIY Discovery Tre...
Important Cloud Provider Questions
- How and where is my data going to be stored? (ethical walls?
shared spindles?)
- How ...
Survey: In-House E-Discovery
More e-discovery is conducted in-house or in-firm than
most practitioners would expect
Source...
Survey: In-House E-Discovery
Three factors make it or break it when purchasing DIY
discovery tools
Source: DIY Discovery T...
EDRM on Premise v. in the Cloud?
Benefits and Drawbacks
14
Benefits:
• Full control of EDRM activities within
corporation ...
EDRM on Premise v. in the Cloud?
Benefits and Drawbacks
Benefits:
• No up-front hardware investment
• No IT training or st...
To The Cloud? IT Storage Alternative, Ediscovery Tool, or Both?
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To The Cloud? IT Storage Alternative, Ediscovery Tool, or Both?

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Many corporations are working to insource some aspect of ediscovery in an effort to save money, and many law firms are reassessing in-firm technologies, the use of service providers, and the viability of the cloud for ediscovery. For those considering the cloud, many important decisions come into play, such as choosing a DIY solution versus and outsourced solution, and depoloying on-premise software versus SaaS platforms.

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To The Cloud? IT Storage Alternative, Ediscovery Tool, or Both?

  1. 1. To The Cloud? IT Storage Alternative, E-discovery Tool, or Both?
  2. 2. 2
  3. 3. Agenda  What is the Cloud?  How is the Cloud Impacting E-Discovery? » Mitigating Cloud Concerns » Preservation and Collection » DIY Discovery Software: Cloud v. On Premise  The Future of E-Discovery in the Cloud 3
  4. 4. What is the Cloud: Simple Depiction 4 These platforms contain ESI potentially relevant to litigation! Examples of cloud platforms: • Email (Google mail) • Word processing (Office 365) • IT archiving (Live Office) • General data storage (DropBox) • Corporate platforms (SalesForce.com) • Social Media (Facebook, LinkedIn) • Pictures/Music (Snapfish, iTunes) • Proprietary platforms for a specific industry (Ontrack Inview for litigation)
  5. 5.  Simplicity: » Fast deployment » Uptime commitments » Minimal expertise requirements  Cost Savings: » No hardware investment » No refresh cycles » No maintenance or upgrades costs  Flexibility: » On-demand consumption model » Rapid market adaptation » Platform independence » Ubiquitous access models  Possibility of… » Infinite scalability and resources » Collaboration across systems Potential Benefits of the Cloud 5
  6. 6.  April 2011 ComputerWorld report: 57% of CIOs and storage administrators plan to adopt cloud storage.*  August 2011 Legal Technology News: “That e-discovery will live primarily in the cloud isn't a question of whether but when.” * * Why are legal teams even talking about the Cloud? * Source: Mearian, Lucas. “Most IT managers plan to adopt cloud storage.” ComputerWorld, April 5, 2011. ** Source: Ball, Craig. “Cloud Cover.” Legal Technology News. August 1, 2011 6
  7. 7. Survey: The Cloud’s Impact on E-discovery  For information governance and e-discovery, corporations and law firms plan to leave the firewall behind Source: DIY Discovery Trends Survey, Kroll Ontrack, 2011 7
  8. 8. Why are Legal Teams Even Talking About the Cloud? 8 When the “Cloud” means…. Legal teams should care because… ...outsourcing core IT functions (such as email or document hosting as a corporate business process) The cloud replaces a previous in-house IT function. Cloud-based IT functions must remain: - Compliant with regulations - Compatible with security and privacy standards - Litigation-ready and fully accessible - In-step with the duty to preserve ESI ...leveraging SaaS to conduct e- discovery in-house (in efforts to gain control and reduce the total cost of litigation) SaaS-based platforms are compelling solutions to do-it-yourself e-discovery problems, allowing: - More control over EDRM activities - Flexibility to manage e-discovery projects - Litigation cost savings
  9. 9. 9  Control (not location) determines discoverability » Control does not require legal ownership or actual physical possession of documents » “Rather, documents are considered to be under a party's control when that party has the right, authority, or practical ability to obtain the documents from a non-party to the action.” – Judge Peck, In re NTL, Inc. Securities Litigation, 244 F.R.D. 179 (S.D.N.Y Jan. 30, 2007).  Plan ahead to preserve and collect documents in the cloud  Understand your access rights to data in the cloud ESI in the Cloud: Location Does Not Matter
  10. 10. Survey: Cloud E-Discovery  Data security and privacy top the list of cloud e-discovery concerns Source: DIY Discovery Trends Survey, Kroll Ontrack, 201110
  11. 11. Important Cloud Provider Questions - How and where is my data going to be stored? (ethical walls? shared spindles?) - How will I be able to access the data? - Do I need to keep up with software feature/function evolution? - Who will perform the work to retrieve data from the cloud? How long will it take? - What security protocols will be followed? - Does the provider conduct regular third-party penetration testing? - Will the provider track the data’s chain of custody? - What are the data destruction policies for the cloud provider? 11
  12. 12. Survey: In-House E-Discovery More e-discovery is conducted in-house or in-firm than most practitioners would expect Source: DIY Discovery Trends Survey, Kroll Ontrack, 201112
  13. 13. Survey: In-House E-Discovery Three factors make it or break it when purchasing DIY discovery tools Source: DIY Discovery Trends Survey, Kroll Ontrack, 201113
  14. 14. EDRM on Premise v. in the Cloud? Benefits and Drawbacks 14 Benefits: • Full control of EDRM activities within corporation or firm • Data never leaves premises for security purposes Drawbacks: • Corporation or firm is fully responsible for operation of the technology and processes • IT and Legal staffing resources needed to support the technology • Technology requires a hardware footprint that requires maintenance and ongoing support • Not scalable for surges up or down or seamless to transition to outside service provider • Not accessible outside the firewall for outside counsel or experts EDRM software on premise Cloud/SaaS EDRM tools
  15. 15. EDRM on Premise v. in the Cloud? Benefits and Drawbacks Benefits: • No up-front hardware investment • No IT training or staffing for installation or maintenance • E-discovery capacity easily scalable without additional hardware costs or IT resources • Software provider is responsible for information security and disaster recovery considerations Drawbacks: • Need to fully vet platform security and processes for importing and exporting data from the platform 15 EDRM software on premise Cloud/SaaS EDRM tools

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