Pardon the eDiscovery
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This document summarizes key topics from a presentation on eDiscovery issues for 2011, including: 1) machine review is becoming more common and the EDRM model may be outdated; 2) cloud computing and social media present new challenges for eDiscovery; and 3) proportionality and cooperation between parties, as advocated in the Sedona Cooperation Proclamation, will be important issues to address in 2011. Sanctions for failures to properly conduct eDiscovery were also discussed.
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Pardon the eDiscovery
- 1. Pardon the eDiscovery: Issues For 2011 Presented By: EMC Corporation Information Intelligence Group
- 2. Pardon the eDiscovery Panelists Martin Tully, Esq. – KattenMuchinRosenman LLP, Partner Joshua Kubicki, Esq. – Applied Discovery, Executive Sales Director James D. Shook– EMC Corporation, Director, eDiscovery Field Attorneys J. David Morris - Moderator, EMC Corporation, Marketing Director, eDiscovery/ Kazeon
- 3. ►EDRM Dead? Machine Review The Cloud (!) Social Media The “e” in e-Disco 2011 Hot Proportionality? To the House! Sedona Co-Op Sanctions oh my! Is the EDRM dead? eDiscovery Process Bring eDiscovery in-house Information Management Retain or delete based on value Processing Preservation Identification Information Management Review Production Presentation Collection Analysis
- 4. EDRM Dead? ► Machine Review The Cloud (!) Social Media The “e” in e-Disco 2011 Hot Proportionality? To the House! Sedona Co-Op Sanctions oh my! Machine Review
- 5. EDRM Dead? Machine Review ► The Cloud (!) Social Media The “e” in e-Disco 2011 Hot Proportionality? To the House! Sedona Co-Op Sanctions oh my! Trust In The Cloud (?) Risk Governance eGRC PCI ISO SOX GLBA FISMA Cobit NIST HybridCloud Compliance
- 6. Most Challenging ESI Sources? EDRM Dead? Machine Review The Cloud (!) ► Social Media The “e” in e-Disco 2011 Hot Proportionality? To the House! Sedona Co-Op Sanctions oh my! IDC, Survey Shows Glimmers of Hope for Government Web 2.0, Adelaide O'Brien, 8/26/09
- 7. Lose the “E”? EDRM Dead? Machine Review The Cloud (!) Social Media ►The “e” in e-Disco 2011 Hot Proportionality? To the House! Sedona Co-Op Sanctions oh my! Discovery E-
- 8. EDRM Dead? Machine Review The Cloud (!) Social Media The “e” in e-Disco ► 2011 Hot Proportionality? To the House! Sedona Co-Op Sanctions oh my! 1.8Zb Lots of It 95% Mostly Unstructured 85% Mostly Unmanaged 85% Created by Organizations ▲ Becoming More Regulated Information Today – The Big Picture Information
- 9. Proportionality EDRM Dead? Machine Review The Cloud (!) Social Media The “e” in e-Disco 2011 Hot ►Proportionality? To the House! Sedona Co-Op Sanctions oh my!
- 10. EDRM Dead? Machine Review The Cloud (!) Social Media The “e” in e-Disco 2011 Hot Proportionality? ► To the House! Sedona Co-Op Sanctions oh my! Bring Discovery In-House Content Repositories Personal Email Archives Notebook and Desktop Removable Media File System Kazeon Appliance Email Server Mobile Devices NSF Email Archives PST
- 11. Sedona Cooperation Proclamation:Can It Work? EDRM Dead? Machine Review The Cloud (!) Social Media The “e” in e-Disco 2011 Hot Proportionality? To the House! ► Sedona Co-Op Sanctions oh my!
- 12. eDiscovery Sanctions Cases EDRM Dead? Machine Review The Cloud (!) Social Media The “e” in e-Disco 2011 Hot Proportionality? To the House! Sedona Co-Op ►Sanctions oh my! Sanctions for e-Discovery Violations: By the Numbers, Willoughby, Jones and Antine; Duke Law Journal, Vol. 60: 789) . [Additional reading: Orbit One v. Numerex Corp., 2010 WL 4615547 (S.D.N.Y. Oct. 26, 2010)
Editor's Notes
- Information is at the heart of your business and fundamentally there’s a lot of it. There is forecast to be 1.8 zetabytes of information by 2011, so there is lot of information out there. Most of that information is not sitting inside of databases. In fact, 95 percent of information is unstructured. That’s emails, files, videos – any type of content that is out in your environment today. What you will find is that most of it in your organization is unmanaged. We estimate that 85 percent of all information that sits out in an organization today is unmanaged and that means there is no formal retention policy, no formal data protection policy in place for managing that information.In fact, even though individuals create a great amount of information today, organizations are accountable for also about 85 percent of the information overall in the industry today. So there’s a lot of information out there. It’s not very well managed, and it’s becoming more and more regulated. And information across the organization and the penalties for not properly managing the organization are getting more and more severe. If you do the math, by 2011 there is 1.2 zetabytes of information out there and that information is in organizations and needs to be looked at, to be managed, and it’s not being done today. And that’s really the challenge and the opportunity that we see in this marketplace today.Uncontrollable growth of information:SharePoint: 2 billion seats, growing at 25%, will surpass $5 billion by 2012More than half of organizations are running SharePointEmail is growing at 20% *Risks and costs of litigation:40% of largest companies spend over $5 million annually on litigation **Hyundai was fined $8M for willfully failing to comply with discovery requests ***80% of electronic discovery includes email****
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