The document discusses tactical concerns for e-discovery efforts, including the rapid growth of information types, user experience and information organization challenges, and economics and cost justification issues. It notes the increasing variety of content types, issues with manual metadata entry, and challenges justifying investments. Simplified taxonomies and context-driven metadata can improve the user experience. Costs include penalties, storage, and labor, but savings are difficult to quantify across departments.

1. Ensuring Success for eDiscovery
Jeetu Patel, EMC World 2010

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
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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
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4. Rapid Growth of Information and
Information Types
1

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
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6. User Experience and
Information Organization
2

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
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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
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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 … …
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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
???
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11. 11
Economics and Cost Justification
3

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
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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
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14. Economics and Cost Justification - Core Elements of a Business Case 14
Key Components of the Doculabs’ Business Case Modeling Framework
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15. Economics and Cost Justification - Archiving 15
• See the attached document for calculator examples
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16. Streamlining the E-Discovery Process
4

17. Streamlining the E-Discovery Process: E-Discovery Reference Model 17
Processing
Preservation
Information
Identification Review Production Presentation
Management
Collection
Analysis
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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
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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
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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
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21. 21
Competing Stakeholder Agendas
5

22. 22
Competing Stakeholder Agendas: Everyone Has A Different Perspective
Records Legal/
Management Compliance
Information Technology
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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
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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
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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!
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26. Competing Stakeholder Agendas: Building the Right Team 26
Legal/ Records
Compliance Management
Cross-
Functional
Team
Information
Technology
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27. Conclusions

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
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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
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30. Thank You
Doculabs, Inc.
(312) 433-7793
info@doculabs.com