Doculabs E Discovery 051710

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Doculabs E Discovery 051710

  1. 1. Ensuring Success for eDiscovery Jeetu Patel, EMC World 2010
  2. 2. About Doculabs 2 Doculabs is a consulting firm that helps organizations develop sound technology strategies for content- and process-related applications. Our engagements focus on helping clients leverage their existing ECM investments on a broader enterprise basis through objective analysis and in-depth market knowledge. This approach is based on our fundamental belief that in order to protect a client’s long-term interest, technology advisors should not be implementers. Quick Facts • Founded in 1993 • Headquartered in Chicago • Privately held • Delivered more than 800 ECM engagements to more than 450 customers © Doculabs, Inc. 2010
  3. 3. Tactical Concerns for E-Discovery Efforts 3 Rapid Growth of User Experience and Economics and Cost Information and Information Justification Information Types Organization Streamlining the Competing E-Discovery Process Stakeholder Agendas © Doculabs, Inc. 2010
  4. 4. Rapid Growth of Information and Information Types 1
  5. 5. Rapid Growth of Information and Information Types: Keeping Up 5 Paper Records Electronic Documents E-Mail Web Content Types of Discoverable Instant Messages Content Web 2.0 Audio/Video © Doculabs, Inc. 2010
  6. 6. User Experience and Information Organization 2
  7. 7. User Experience and Information Organization: User Challenges 7 • Don’t have time • Don’t understand classification scheme or content organization approach • No functional user interface © Doculabs, Inc. 2010
  8. 8. User Experience and Information Organization: Burdening Users 8 Errors and poor Human Resources Public Communication and Advertising Policy information quality are common when Policies, Recomendation, Forsythe users need to enter William Forsythe information manually; this User Supplied makes subsequent Metadata HR access and retrieval more difficult ??? Auto-Populated Context-Driven Metadata Even when it is possible to provide a selection list, it isn’t context-based, so it can be difficult to find the right selection © Doculabs, Inc. 2010
  9. 9. User Experience and Information Organization: Taxonomy Simplifies 9 Visible Metadata Taxonomy Process Hierarchy - Sales & Marketing - Human Resources - Operations - New Hires - Training and Development User Security Human Resources Public Communication and Advertising Policy - Job Openings Information - Community - Line of Business User Supplied Metadata Context-Driven ERP HR Metadata Options System Auto-Populated Invisible Metadata Context-Driven Business_Record Yes Metadata Business_Unit_ID E303 Records Content_Type_ID 12.3.1.5.3 Rules Hidden System Regulated_Content Yes Content Managed Context- Date_Created 12/01/2005 Driven Metadata Repository … … © Doculabs, Inc. 2010
  10. 10. User Experience and Information Organization: The User Experience 10 12 sec 3 sec Human Resources Public Communication and Advertising Policy Human Resources Public Communication and Advertising Policy Policies, Recomendation, Forsythe William Forsythe HR ??? © Doculabs, Inc. 2010
  11. 11. 11 Economics and Cost Justification 3
  12. 12. Economics and Cost Justification - How to Justify Investments? 12 One-Time Costs Fines, Penalties, Judgments  Frequency and magnitude difficult to measure  Use of “scare tactics” – avoid the situation of competitor XYZ Operating Costs Internal Labor, System Costs  On-going and measurable (Storage Hardware), Services  Spread across many Vendors departments and budgets, so difficult to collect © Doculabs, Inc. 2010
  13. 13. Economics and Cost Justification – Major Discovery Benefit Areas 13 Storage Hardware Retain fewer documents and  Easy to identify hardware email , use less storage expenses via purchase history and/or depreciation expenses within budget  Often considered “hard” savings by management Discovery Labor Reduced discovery effort as less  3rd party service providers: ESI must be culled and reviewed direct, controllable expense  For internal labor: potentially less controllable © Doculabs, Inc. 2010
  14. 14. Economics and Cost Justification - Core Elements of a Business Case 14 Key Components of the Doculabs’ Business Case Modeling Framework © Doculabs, Inc. 2010
  15. 15. Economics and Cost Justification - Archiving 15 • See the attached document for calculator examples © Doculabs, Inc. 2010
  16. 16. Streamlining the E-Discovery Process 4
  17. 17. Streamlining the E-Discovery Process: E-Discovery Reference Model 17 Processing Preservation Information Identification Review Production Presentation Management Collection Analysis © Doculabs, Inc. 2010
  18. 18. Streamlining the E-Discovery Process: Different Tools 18 Different tools are needed to accomplish different tasks; at least four different tool sets are needed to manage across the lifecycle depicted below. Processing Preservation Information Identification Review Production Presentation Management Collection Analysis © Doculabs, Inc. 2010
  19. 19. Streamlining the E-Discovery Process: Information Management is Complex 19 Processing Preservation Information Identification Review Production Presentation Management Collection Analysis Distribute Create Manage Archive/ Dispose © Doculabs, Inc. 2010
  20. 20. Streamlining the E-Discovery Process: No Process-Wide Visibility 20 Lack of Project Management, Legal Holds, Reporting, Workflow Automation, and more Processing Preservation Information Identification Review Production Presentation Management Collection Analysis Legal Hold Management © Doculabs, Inc. 2010
  21. 21. 21 Competing Stakeholder Agendas 5
  22. 22. 22 Competing Stakeholder Agendas: Everyone Has A Different Perspective Records Legal/ Management Compliance Information Technology © Doculabs, Inc. 2010
  23. 23. Decision Tree for Determining ESI Preservation Obligations Step 1 Determine what information would be relevant to dispute Step 2 Identify each data source that potentially contains relevant information If data source likely to contain relevant information If data source not reasonably likely to Step 3 If there is high contain Determine degree of accessibility of data sources that are likely to degree of relevant contain relevant information (see figure 2) accessibility information If there is low degree of accessibility Yes Step 4 Do substantially similar copies of relevant information exist in more readily accessible data source? No Yes No Step 5 Preservation Preservation Is cost or burden of preservation excessive as compared to the Not Required Required relevance or value of the information? Figure 1: Decision Tree for Determining ESI Preservation Obligations © Doculabs, Inc. 2010
  24. 24. Accessibility Factors FACTORS EXAMPLES 1. Active on-line data Hard drives, PDAs, network storage 2. Near-line data Robotic storage devices such as optical disks Removable optical disks or magnetic tape media which can be labeled and 3. Offline storage/archives stored in a shelf or rack Sequential access devices typically not organized for retrieval of individual 4. Backup tapes documents or files Physically damaged Damaged CDs or DVDs that cannot be read by an ordinary drive or damage hard 5. media drives and tapes Difficult or impossible to locate a compatible drive or device to read the typically 6. Legacy media “orphaned” legacy media Web pages constantly being deleted and overwritten to make room for further 7. Transient complexity storage Deleted files after recycle bin has been emptied which cannot be viewed 8. Hidden complexity without specialized knowledge or tools 9. Extraction complexity Data fragments found in the slack space which are difficult to copy Cache and temp files created by a PC difficult to preserve without disabling 10. Preservation complexity operating system 11. Search complexity Static graphical images not OCR’d Numbers of PDA devices needed to be reviewed for preservation of data from a 12. Dispersion complexity central synchronized location Figure 2: Accessibility Factors © Doculabs, Inc. 2010
  25. 25. Realistic Assessment – Impossible to Operationalize 25 Who decides the “degree of accessibility” – IT or Legal? Step 1 “Reasonably Determine what information would be relevant to dispute likely” Means Step 2 exactly what? Identify each data source that potentially contains relevant information If data source likely to contain relevant information If data source not reasonably likely to Step 3 If there is high contain Determine degree of accessibility of data sources that are likely to degree of relevant contain relevant information (see figure 2) accessibility information If there is low degree of accessibility Yes Step 4 Do substantially similar copies of relevant information exist in more readily accessible data source? No Yes No Step 5 Preservation Preservation Is cost or burden of preservation excessive as compared to the Not Required Required relevance or value of the information? “Burden of preservation”, “excessive as compared to relevance”, “value of information” – Far too nebulous for the common person to figure out! © Doculabs, Inc. 2010
  26. 26. Competing Stakeholder Agendas: Building the Right Team 26 Legal/ Records Compliance Management Cross- Functional Team Information Technology © Doculabs, Inc. 2010
  27. 27. Conclusions
  28. 28. Conclusion 28 • Prepare to address the rapid growth of content (both volume and types) • Put yourself in the content contributor’s shoes; design for simplicity • The intersection of process and technology is critical, use an expanded view of the EDRM model to guide your efforts • Form a cross-functional team that includes Records Management, Legal, and IT • Identify the cost and benefits associated with making the changes © Doculabs, Inc. 2010
  29. 29. How Doculabs’ Can Help You Be Successful 29 DOCULABS’ E-DISCOVERY FRAMEWORK Governance and Information Strategy Operations Organization Process Design and Architecture and Communications and Implementation Technology Training © Doculabs, Inc. 2010
  30. 30. Thank You Doculabs, Inc. (312) 433-7793 info@doculabs.com

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