Webinar Win In Court V3

Kazeon Confidential - DO NOT DISTRIBUTE
Winning in Court: Authenticity and
Admissibility of Electronic Data

Agenda for Today
 Key Challenges of eDiscovery Today
 Questions for Consideration
 Customer Requirements
 Overview of Kazeon Solution
 Q&A
2

Only 20% of
companies are
prepared for
eDiscovery
issues
70% of
Discovery
costs are in
attorney review
Attorney
Review
80% of ESI
resides on
laptops, file
shares and email
systems
Digital
Proliferation
Average cost
of single
eDiscovery
case is $1.5M
Cost
Fines or Jail
Time for
Corporate
Officers
$ Millions in
fines for
inadequate or
incomplete
data
Challenges of eDiscovery
++
++
Sources: Taneja Group, Gartner Group,
ESG, Ponemon Institute
Escalating
Costs
Increasing
Scrutiny
and Risk
Preparation Criminal
Actions
Fines

eDiscovery: Are You Prepared?
 U.S. Federal Rules of Civil Procedure (FRCP) specify
that electronically stored information (ESI) is discoverable
– Ensures no surprises in court, everyone is prepared and each
party knows what the other has
– Pretrial resolution strongly encouraged; both parties can evaluate
strength of other’s case
 However…
– 63% have been asked to perform legal discovery
request (increase of 57% in 1 year)
– Only 47% say their “somewhat comfortable”
while 10% are not at all comfortable
– Less than 20% of companies claim to be
prepared for eDiscovery Issues
– Average cost of eDiscovery case is $1.5M
4

FRCP 26 - Discovery
 December 2006 Update
– Handles discovery of electronic documents
– Rules 16, 26, 33, 34, 37 and 45
 26(a) Initial Discovery
– Initial discovery of ESI data sources and making available to all parties
 26(f) Meet and Confer / Discovery Plan
– Meet and Confer Session – understand each other’s defenses, discoverable
material, develop discovery plan, seek settlement
– Discovery Plan: what information each party will make available, in what form,
when and any privileged statement
– Rule 16 scheduling conference; parties get organized to provide for efficient
process and facilitate settlement
5

FRCP 26(f) - Timeline
 Meet and Confer Session
– As soon as practical after lodging suite (usually within 30-90 days)
– At least 21 days before Rule 16 scheduling conference
 Deliver initial disclosures to other party within 14 days of
Rule 26(f) Meet and Confer session
 Submit discovery plan to court within 14 days of Rule 26(f)
Meet and Confer Session
 Hold Rule 16 scheduling conference with 120 days of
lodging suit
6

Authenticity and Forensics
Historical Approach to Forensics
 Image copy of hard drives or data stored on servers
 High cost and big data management problems
– Average Cost $2,000 - $3,500 per drive
– Duplication of data in down-stream review
7
Experts urge caution in using Forensic Imaging for
Civil Cases
 A “forensically sound” copy of a file preserves
details of its chain of custody while accompanying
metadata
 A copy/move activity records information about the
file, such as when it was written, ownership, times it
had been “touched”, location
 Validation that it is exact copy

Advise from Experts
8
http://www.thesedonaconference.org/content/miscFiles/TSC_PRINCP_2nd_ed_607.pdf
…making forensic image backups of computers is only the first step of an expensive,
complex, and difficult process of data analysis that can divert litigation into side
issues and satellite disputes involving the interpretation of potentially ambiguous
forensic evidence
…it should not be required unless exceptional circumstances warrant the
extraordinary cost and burden
…protective measures that take into account privacy rights, attorney-client privilege,
and the need to separate out and ignore non-relevant information

Key Questions for Consideration
 Do I know where all potentially
responsive data resides and can I
quickly find it?
 How do I know if what is collected is
complete and accurate?
 How can I ensure that information is
not altered to avoid spoliation?
 How to cull down only relevant data
and minimize legal review time and
cost?
 How do I ensure what I submit as
responsive is authentic and how do I
prove it?
9

What Customers are Asking For…
 Business Requirements
– Efficiency
• Reduce cost with more efficient in-
house data collection, analysis and
preservation
– Speed of Resolution
• Improve analysis and speed to
resolution with faster preservation
and processing
– Downstream Savings
• Create downstream savings by
sending single copy and only
relevant content for legal review
– Reduced Risk
• Improve ability to implement and
manage litigation holds on ESI at
data source with complete and
accurate results
 Technical Requirements
– Automation
• Reduce manual eDiscovery process with
transparency to operations
– Defensible and Auditable
• Defensible, repeatable and auditable process
– Control
• Gain control of unmanaged and potentially
responsive data in a secured infrastructure
– Enterprise-Wide Coverage
• Enterprise-wide coverage of ESI and Data Map
with single View
10

Kazeon Solution for eDiscovery
 Enables Corporate Legal and IT teams to:
– Identify, classify, manage and preserve
information according to business value and
risk
– Respond rapidly and efficiently to litigation,
investigation, or compliance requirements
– Minimize cost of electronic discovery while
mitigation organization risk
– Enable forensically-sound, defensible,
auditable and complete discovery
11

Electronic Discovery Reference Model (EDRM)
12
Kazeon provides solutions for both Proactive
and Reactive eDiscovery
Information
Management
VOLUME
Source: EDRM.NET
Proactive eDiscovery
Identification
Preservation
Collection
Processing
Review
Analysis
Production Presentation
RELEVANCE
Reactive eDiscovery

Kazeon Proactive eDiscovery
13
Information
Management
VOLUME
Source: EDRM.NET
Proactive eDiscovery
Identification
Preservation
Collection
Processing
Review
Analysis
RELEVANCE
Reactive eDiscovery
Information Discovery
• Visibility of all information
assets
• Data map of enterprise data
• Custodian maps
• Federated view across
enterprise
Indexing and
Classification
• Automated indexing and
classification
• Auto or user-defined tagging
• Classification based on risk
and value
• Associated appropriate
policies (retention, legal hold,
disposition, encryption)
Proactive Management
• Manage and monitor
information assets
• Archive and migrate data into
ECM, Email Archive and
Records Mgmt
• Modify policies as appropriate
Policy Enforcement
• Apply and enforce policies
(retention, disposition, etc.)
• Create auditable and
defensible process
Kazeon Proactive eDiscovery

Kazeon Reactive eDiscovery
14
Identification
Preservation
Collection
Processing
Review
Analysis
VOLUME
Source: EDRM.NET
RELEVANCE
Information
Management
Proactive eDiscovery Reactive eDiscovery
Identification
• Comprehensive data
maps
• Custodian reports
• Enterprise coverage
Targeted
Collection
• Custodian,mailbox,
laptop and file shrs
• Keyword, date range
based collection
• Collected data copied
and preserved
Preservation
• In-place legal hold
and release
• Legal hold on
collected data
• Support for hold
repositories
(Enterprise Vault,
NetApp SnapLock)
In-House
Processing
• Indexing collected ESI
• De-duplication,
system file culling
• Exception reporting
Analysis
• Early case
assessment
• Email threading
• Keyword, date range,
boolean search
Review
• Native or text review
• Document coding
• Export (native format,
metadata, content
hash)
Kazeon Reactive eDiscovery
Kazeon = Repeatable Business Process with Standardized Tools

Kazeon Legal Discovery Solution
 As part of Kazeon’s eDiscovery portfolio, the Legal Discovery Solution
automates the discovery, classification, searching, reporting and ability to take
action on potentially responsive information scattered across the network
TECHNOLOGYWORKFLOW
Search Classify Act
 Scan Network, desktop,
file shares, remote
offices, endpoint laptops
 Hundreds of file formats
 Create data map
 Single-Step Collection
from all locations
 Content-based
collection
 In-place Legal Hold or at
Target
 Advanced Search
 Boolean, Wildcard,
fuzzy, proximity, range,
boosting, grouping
 Combine text &
metadata attributes
 Analyze summary and
drilldown views
 Predefined and
customizable reports
 Report by date, content,
custodian or user
defined fields
 Quarantine, move, copy,
protect, delete, encrypt
 Export to industry
standard formats
 Monitor & ongoing
Auditing
Legal Discovery Solution
Discover

 Basic metadata or full-
text scans
 Automated scan/rescan
for incremental updates
(proactive)
 “One-step” process for
targeted collection
(reactive)
 Transparent to end
users
16
Discovery of ESI Sources
Proactive and Reactive
discovery of ESI Sources

Discovery of ESI Sources
 Supports all file systems, group shares, desktop
workstations, remote laptops, email systems and
document and backup archives
 Minimal impact on operational performance (out-of-
band)
 Supports over 400 file and document formats
Automatically discovers and
scans network devices for
further review and analysis
Server or Appliance

Laptop/Desktop Collection
 Agent-less scanning for laptops and desktops
 Scan profiles exclude windows binaries and
applications
 Checkpoint & auto-restart for efficient scanning
 Supports dynamic connects and disconnects
 Unique preview capability to view file text when
laptop is disconnected from the network
Remote Office Edition
Laptops and Desktops
Kazeon Cluster
Eliminate manual desktop
collection and over-collection

How Collection Works…
19
1 Discover or Target
specific sources 2 Initiate “Single-Step”
Collection & designate
Target
3 Refine Search Criteria
for greater granularity
Source
Target
Exclude Windows
Files, Directories, etc.
Data Range
Key Words
Email Sender
4 Create and View
Discovery Report
Name Report
Select Columns for Summary
and Detail Reports

Additional Search Capabilities
 Advanced search includes:
– Keyword (e.g. confidential, financial
projections, financial projections)
– Phrase (e.g. “guaranteed revenue return”)
– Boolean (e.g. word1 AND word2) OR (my
phrase) – word3)
– Wildcard (e.g. filename: b?g)
– Fuzzy (e.g. roam~.8)
– Proximity (e.g. word1, word2 ~10)
– Range (e.g. mtime: [01/01/2008 TO
02/22/08]
– Boosting (e.g. word1^5 word2)
– Fielded (e.g. owner: john smith)
 Federated search and reporting for
large environments
 Email and user-defined templates
Advanced Search using Google-like
search engine with full integration with
authentication infrastructure
Federated Search
and Reporting

FRCP 26(a) and 26(f)
 26(a) Initial Discovery
– Initial discovery of ESI data sources
and making available to all parties
 26(f) Meet and Confer
– understand each other’s defenses,
discoverable material, develop
discovery plan, seek settlement
– Discovery Plan: what information each
party will make available, in what form,
when and any privileged statement
– Rule 16 scheduling conference; parties
get organized to provide for efficient
process and facilitate settlement
21
Collection and Culling to create relevant Data Map
for quick preparation in initial Discovery and
preparation for Meet and Confer
Case555 - Data Map by Custodian
ESI Data Map - By Type or Group

In-House Processing
Processing of ESI to cull-down
to relevant results
 Auto-coding to cull-down ESI
– Attorney-Client privileged documents
– Personal e-mails
– Company Announcements
– Rule based classification and re-
classification
– Document preview
– Sophisticated tagging identifies
“responsive, privileged…” docs
– De-duplication
 Composite object break-
downs
– .PST files down to individual emails
and attachments
– .ZIP multiple file archives
– Early Case Assessment based on
Collection
– Any exceptions found during the
culling process are reported for
appropriate action

Preservation
Copy culled ESI to hold
repositories (Enterprise Vault,
NetApp SnapLock, secured
File Shares)
Removal of Duplications
Preservation of Source
Hierarchy
Preservation of Timestamps
(creation, access, modified
times, etc)
Something about authenticity
of copied data (hash values?)
After files have been culled, the next step is to take action on the results to ensure
preservation of relevant data and protect against spoliation

Legal Holds
 In-place Legal Hold or at Target
 Forensically-sound copies maintain
chain of custody
 Preserved file attributes, metadata,
hierarchy, revisions and timestamps
 Preservation of original file-path folder
structure (source)
 Integrates with Archive Repositories
such as Symantec Enterprise Vault
 Continuous protection by automatically
scanning and preserving new files
After files have been culled, the next step
is to take action on the results to ensure
preservation of relevant data and protect
against spoliation
Secondary File Share
Compliant Storage
Compliance DataReference Data
(NetApp NearStore)
Enterprise Vault,
NetApp SnapLock
COPY to secondary storage or to repository

Tagging Information
Customizable Tags Applied to
Relevant Data;
– Responsive
– Privileged
– Reviewed
– On Legal Hold
– User-defined
Quickly identifying and tag
privileged information for
Meet and Confer /
Discovery Plan – Privileged
Statement
After files have been culled, the next step is to take action on the results to ensure
preservation of relevant data and protect against spoliation
Tagged as:
Responsive

Authenticity and Auditing
 Standard Audit Reports
 System Auditing
– All user and system activity with
information about who did what when
– User login
– OS startup & shutdown, cluster
startup and shutdown, reboots, and
AD configuration changes
 Data Auditing
– Search Query and Report
– File history by Source (history of
actions on a file/email/attachment)
• Who, when, what, how, from, to,
input, output
• Object path, Owner, Timestamps,
Size
Full Auditing of System and Data Activity and reporting to
Rules of Evidence

Content Analytics Reports
 Analyze summary and drill-down views
 Analysis by date, content, custodian or user defined fields
 Export to industry standard formats (XML, CSV, PST, ZIP)
40+ standard reports or easily
create custom reports

Analytics: Matter Management
 Analyze by Case, Legal Exception or Type of Document
 Take Action directly from Search or Reports
40+ standard profiles or easily
generated custom profiles

Kazeon Confidential - DO NOT DISTRIBUTE 29
Review Analytics

Kazeon Confidential - DO NOT DISTRIBUTE 30
Review and Production
 Produce de-duplicated, culled and pre-reviewed data for further legal review
 Export search results to native format or CSV, download to PST or ZIP
 Kazeon Hold Location used by downstream legal review tool for further legal
review and production (Attenex, Summation, Concordance)
Select specific files or
entire Result Set for
Download to ZIP. Emails
export to PST format
Export selected search /
report rows to XML or CSV
format

Complete Enterprise Coverage
 Enterprise-wide deployment including data center, remote offices and mobile users
 Supports all file systems, group shares, desktop workstations, remote laptops, email
systems and document, email and backup archives
 Minimal impact on operational performance (out-of-band and agent-less)
Exchange
Servers
Email
Archives
Document
Archives
Encrypted
Storage
File Shares
Backup
Archives
Desktops, Remote Offices and
Laptops
PST
Remote Offices
WAN
Desktops, File
Servers
Data Centers
Information Server
(Software-Only or
Appliance)
No IT Personnel
IT Personnel
Mobile UsersInternet

Federated Enterprise Deployment over WAN
Regional HQ
Data: 50+ TB
WAN
File Shares, Desktop,
Laptop, Email
Corporate HQ
Data: >100 TB
Remote Office
Data: <1 TB
WAN
Remote Office
Data: <1 TB
Kazeon Server
(Software Only)
File Shares,
Desktop, Laptop,
EmailFile Shares,
Desktop, Laptop,
Email
Kazeon Server
(Software Only)
Kazeon Cluster
Kazeon Cluster
File Shares, Desktop,
Laptop, Email
Federated Enterprise Deployment
Typical Data Landscape
1 Corporate HQ: >100 TB
1-2 Regional HQ: 50+ TB
Remote Offices: <1 TB Each
Deployment Summary
 Kazeon IS1200 Servers in
Corporate and Regional HQ
 Kazeon Software Deployed
and manages Remote Offices
Federated View of Information
 Kazeon Information Center at Corporate HQ provides single view
of enterprise-wide data
 Unified (federated) view of Search across clusters
 Unified (federated) Reporting from one interface (aggregate
results by policy rule, etc)
Information Center
Only search results are sent
to Information Center
reducing impact on network

Kazeon’s Portfolio for Legal Discovery
Intelligently search, classify and act on electronically stored information –
complimentary to existing data protection products
33
1. Kazeon Information Access Platform software
 Core enterprise software for file and email discovery, classification,
indexing and workflow actions
2. Kazeon Information Server
 Product for solving customer business challenges optimized to address
Information Security & Privacy challenges
3. Kazeon Information Center
 Product for creation of federation groups (groups of clusters), Unified
search and unified reports across federation groups
4. Exchange and Enterprise Vault Connectors
 Search and classify email from exchange
 Integration with Symantec Enterprise Vault

Key Capabilities and Benefits
 Key Business Benefits
– Identify, classify, manage and preserve
information according to business value and risk
– Respond rapidly and efficiently to litigation,
investigation, or compliance requirements
– Minimize cost of electronic discovery while
mitigation organization risk
– Enable forensically-sound, defensible, auditable
and complete discovery
 Technical Benefits
– Delivers highest performance and best scalability
– Broadest support of information (structured, unstructured
data with over 400 file formats)
– Broadest reach and deployment options (enterprise wide
to remote offices and endpoints)
– Simple and easy to deploy with lowest TCO
– Unified view of entire enterprise from single console
– Only solution to deliver Proactive and Reactive Legal
Discovery
– Fully automated for continues eDiscovery
34
Awards:

Thank You
 Recipients will receive complimentary
white paper:
Legal Discovery and Litigation
Preparedness
 Recording of presentation will be posted
on kazeon.com
 Please complete online survey
 For more information or product
demonstration:
– denise.reier@kazeon.com or
info@kazeon.com
– 1.877.KAZEON1
– www.kazeon.com
35

Thank You

Webinar Win In Court V3

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