Presentation on theme: "Title Month Year Electronic Discovery & Compliance: Meeting the Challenges - “Avoiding a Trial by Fire….” Timothy Wells Information Governance Specialist."— Presentation transcript:
1 TitleMonth YearElectronic Discovery & Compliance: Meeting the Challenges - “Avoiding a Trial by Fire….”Timothy WellsInformation Governance SpecialistEMC Corporation
2 Agenda Who Are We and How Did We Get Here? TitleMonth YearAgendaWho Are We and How Did We Get Here?A Brief Background of e-Data, Compliance, the FRCP and eDiscoveryWhat's Next and Why Should I Care?2010 Drivers and LandscapeCosts and Risks of e-InformationWhat's An Enterprise To Do?Information Management ( , Archives, Records, etc.)eDiscovery Process and InfrastructureHow Can We Justify Our Spend?The Road To ROIWhat's Our Next Step?Conclusions and Next StepsHow About Some Free Advice?Q&A
3 EMC eDiscovery & Compliance Team TitleMonth YearEMC eDiscovery & Compliance TeamAn Expert, Diverse Team of 90+ ProfessionalsIndustry-leader Kazeon & SourceOne FamilyFocused on eDiscoveryIndustry best, dedicated sales teamDedicated Legal / SME TeamProduct management and supportLeading-Edge ActivitiesThe Sedona ConferenceElectronic Discovery Reference Model (EDRM)ARMAWebcasts, Podcasts, Articles, Speaking engagementsCTTXCANYCOGAMA
4 TitleMonth YearDigital Information Created, Captured, Replicated WorldwideExabytes2501 exabytes5-fold Growth in 4 Years!DVDRFIDDigital TVMP3 playersDigital camerasCamera phones, VoIPMedical imaging, Laptops,Data center applications, GamesSatellite images, GPS, ATMs, ScannersSensors, Digital radio, DLP theaters, TelematicsPeer-to-peer, , Instant messaging, Videoconferencing,CAD/CAM, Toys, Industrial machines, Security systems, Appliances1,713 exabytes487 exabytes487 exabytesSource: IDC Digital Universe White Paper, Sponsored by EMC, May 2009
5 Perfect Storm Drives the Need for Efficiency TitleMonth YearTitleMonth YearPerfect Storm Drives the Need for EfficiencyInformation explosion70% of information is created by individuals but enterprises are responsible for the security, privacy, reliability, and compliance of 85%Your “digital shadow” is larger than the digital information you actively create about yourselfMore lawsuits and regulationWidespread belief that deregulation was a failureFood and drug safetyClimate change, and environmental concerns and sustainability effortsFinancial meltdownWorkplace/unionsNo New BudgetDo more with lessEnterprise Information Management – How do you get started?“The shadow of the Wall Street meltdown will be longer than Enron, Sarbanes-Oxley, HIPAA, or any other regulation of modern times” GartnerGovernance is the culture, policies, processes, laws, and institutions that define the structure by which companies are directed and managedRisk is the effect of uncertainty on business objectives; risk management is the coordinated activities to direct and control an organization to realize opportunities while managing negative eventsCompliance is the act of adhering to, and demonstrating adherence to, external laws and regulations as well as corporate policies and proceduresThere is a perfect storm leading towards more regulation:The financial meltdown, together with the climate changes, environmental concerns in general and sustainability efforts, andand other issues, build momentum toward more regulation5
6 Years After FRCP Amendments… TitleMonth YearYears After FRCP Amendments…State of Readiness: Unprepared57% of law firms: Clients are not ready to find and produce information relevant to litigation39% of In-house: Company is not prepared for e-discoveryErrors Generate Sanctions and HeadlinesScenario 1:Lawyers for a company produced a small batch of relevant s about 10 hours before trial. U.S. District Court Judge Marilyn Hall Patel declares “Heads will have to roll.” According to reports, the punished company had reviewed terabytes of information for this case.Scenario 2:Company hit with an $8.5 million penalty for mistakes with its own discovery of relevant to a patent lawsuit. As federal courts emphasize the responsibility of parties to conduct thorough discovery searches, more such mishaps are likely.“Companies Not Ready For E-Discovery”, companies_not_r.html, posted 9/23/08 (Andrew Conry-Murray, Information Week). Survey from Oce Business Services.
7 Pension Committee Case Guidance from the Bench Pension Committee provides guidance related to litigation holds, preservation and search methods, and appropriate behavior by organizations charged with delivering relevant data as part of a civil litigation matter.Some insight from Judge Scheindlin:Courts cannot expect perfection. They do expect that litigants and counsel take necessary steps to ensure that relevant records are preserved when litigation is reasonably anticipated. One requirement noted by the judge is written hold notifications be issued to and acknowledged by all potential custodians.Failure to preserve evidence, electronic or paper, resulting in the loss or destruction of relevant information is "surely negligent" and depending on the circumstances, may be "grossly negligent" or "willful."Preservation of backup tapes can be required if they are the sole source of relevant information related to the matter.
8 Investigation Audit Litigation TitleMonth YearWhat is eDiscovery?Electronic discovery (eDiscovery) is the process in which electronically stored information (“ESI”) is searched, collected, preserved, analyzed, and reviewed for legal and regulatory proceedings.State and federal regulators, IRS, OSHA, SEC, NASD, FINRA, HIPAA, Data Privacy & ProtectionInvestigationInternal and external audits of books and records, Defense Contractor Audit, Govt Contract Audits,etc.AuditCurrent and reasonably anticipated state and federal litigationLitigationPublicDisclosureFederal, State and Local - Freedom of Information Act, Open/Public Records ActsContext: In lawsuits and government investigations, the parties are allowed to conduct “discovery” to obtain information that could become evidence in the case. Traditionally, discovery of paper documents was a contained process that lawyers handled. However, the discovery of electronically stored information (“ESI”) can impact any source of information, from across the enterprise, if it is potentially relevant to the case.eDiscovery is the obligation and supporting process to identify, collect, preserve, review and produce electronic information from anywhere in the enterprise because that information is, or may be, relevant to a lawsuit or investigation. The eDiscovery process impacts virtually all organizations. Whether it be to respond to a regulatory investigation, an internal investigation or a case of litigation, the eDiscovery process is effectively the same. Therefore, eDiscovery response should be a repeatable business process. Organizations that do not develop a standardized process incur significantly more cost and risk as they have to “recreate the wheel” for every matter.8
9 Agenda Who Are You and How Did We Get Here? TitleMonth YearAgendaWho Are You and How Did We Get Here?A Brief HistoryWhat's Next and Why Should I Care?2010 Drivers and LandscapeCosts and Risks of e-InformationWhat's An Enterprise To Do?Recommendations and InitiativeseDiscovery Process and InfrastructureHow Do We Justify That?The Road To ROIWhat's Our Next Step?Conclusions and Next StepsHow About Some Free Advice?Q&A
10 2009 Outlook Hint: It hasn’t changed much for 2010…. TitleMonth Year2009 Outlook Hint: It hasn’t changed much for 2010….Forrester: “As one outcome of the current macro-economic environment… expect more litigation and regulation in 2009.”Regulatory investigationsFallout from the financial crisis = enhanced regulationEmployee LitigationLayoffs generate lawsuits and investigationsShareholder derivative actionsReporting, drop in stock, financial crisisAggressive IP PracticesSeeking additional revenue sourcesCFO OversightWeaker economy results in pressure on expenses - including legal"A tidal wave ofwrongful terminationlawsuits is expected inthe coming months..."Los Angeles TimesSources: Forrester: “Trends 2009: eDiscovery”, Brian Hill, 1/15/2009“As companies increase layoffs, lawsuits are likely to follow”, Carol Williams, Los Angeles Times, 12/28/08
11 The Costs of eDiscovery TitleMonth YearThe Costs of eDiscovery$1.5MAverage CostPer Incident89%Of CompaniesFace Litigation10xIncreased CostsTo Outsource$34MAverage AnnualLegal Costs$18M+Cost to Review1 TB of Info
12 TitleMonth YearIs Most Requested Content in Legal Proceedings and Regulatory Investigations… But Not the Only Electronic Information requestedTo the best of your knowledge, which of the following record types has your organization been asked to produce in a legal proceeding or regulatory inquiry?Source: ESG Research Report: Archiving Survey, November 2007; based on 107 respondentsand attachmentsGeneral office productivityDatabase recordsInvoices and other customer recordsFinancial statementsPhone call recordings and otherDigital imagesInstant messagesVideo filesOtherresiding on:File serversDesktopsserversLaptops80%60%49%41%25%21%16%5%36%29%70%50%40%30%20%10%90%0%According to the analyst ESG Research, 80 percent of requests for electronic discovery include . So it’s pretty clear that the requirement to search and retrieve is becoming a routine part of doing business. This can be simplified with the help of archiving.Note that is not the only content type. This chart shows that companies increasingly need to produce many types of content. EMC provides eDiscovery products and solutions that address both and many other types of content found throughout the enterprise.
13 Web 2.0 On the Horizon Blogs: 48% for industry, 33% in government TitleMonth YearWeb 2.0 On the HorizonBlogs: 48% for industry, 33% in governmentWikis: 44% industry; 38% in government.Facebook: 44% industry; 28% governmentYouTube: 26% of government responders; 25% of industryVirtual World / Second Life (typically used for recruitment or web conferences): 13% of industry responders and 10% of government responders.IDC, Survey Shows Glimmers of Hope for Government Web 2.0, Adelaide O'Brien, August 26, 2009
14 Agenda Who Are You and How Did We Get Here? TitleMonth YearAgendaWho Are You and How Did We Get Here?A Brief HistoryWhat's Next and Why Should I Care?2009 Drivers and LandscapeCosts and Risks of e-InformationWhat's An Enterprise To Do?Recommendations and InitiativeseDiscovery Process and InfrastructureHow Do We Justify That?The Road To ROIWhat's Our Next Step?Conclusions and Next StepsHow About Some Free Advice?Q&A
15 Establish Boundaries Around Information Management… Use the appropriate process for cost & risk managementTitleMonth YearUsing eDiscovery to Streamline the Compliance OpportunityUnstructured ContentEnterprise Content Subject to Compliance ControlUnmanaged Unstructured ContentManaged Unstructured ContentSystemsContent ManagementNetwork File SharesCollaborationDesktops & LaptopsCommon ServicesClassify/ArchiveCustomeDiscoveryStructured ContentPolicy EnforcementPage-Oriented DataLegacy SystemsDispositionDatabase ContentPhysical RecordsLine-oriented DataArchiveStructured ContentManage In-place Fixed Content15
16 Electronic Discovery Reference Model (EDRM) TitleMonth YearElectronic Discovery Reference Model (EDRM)“IT organizations that have an electronic information inventory, active policy management and archiving solutions, and a repeatable process in place for e-discovery will spend up to 50% less on e-discovery … than those that do not.” ~ GartnerInformationManagementRetain or delete based on valueeDiscovery ProcessBring eDiscovery in-houseLet’s start our eDiscovery discussion with the EDRM Model. The Electronic Discovery Reference Model was developed by a consortium of companies and eDiscovery vendors as part of a project launched in May The EDRM project was created to address the lack of standards and guidelines in the electronic discovery market.The model highlights eDiscovery as an end-to-end business process, comprised of multiple steps—all focused on identifying all the appropriate materials subject to a eDiscovery request and effectively reducing the volume to produce just the relevant, defensible results.Information management refers to how organizations manage their information on a day-to-day basis. What are their policies? Are they enforced? Here, leveraging good information management best practices—such as separating the backup process from the archiving process, or having defensible and enforceable retention and disposition policies—are key.Identification—During this phase, sources of ESI must be identified—along with custodians (people or companies, etc.)—that will be searched as part of the discovery process because they may be relevant to the matter or investigation.Preservation and collection—This information must then be collected and put on “litigation hold.” This means that the information must be preserved to ensure that it is not changed, altered, or disposed of until the matter or investigation is resolved.Processing, review, and analysis—In this stage, information is culled (or reduced) to a much smaller set of more highly relevant information. Techniques such as deduplication, thread recreation, and sophisticated analysis take place, as do initial review capabilities such as “tagging.” Tagging means that investigators or attorneys can “tag” information indicating whether or not the information is relevant to the case or whether the information is “privileged,” that is confidential. Once this is done internally, it is sent to outside counsel for final review.Production and presentation: Finally, information is produced in the required format and shared with opposing counsel prior to being presented in court, at a hearing, etc.ProcessingPreservationInformationManagementIdentificationReviewProductionPresentationCollectionAnalysis
17 Segment Data by Business Value TitleMonth YearSegment Data by Business ValueComplianceArchiveOfficial business recordLong-term retentionNote to Presenter: This chart is an illustration of the type of segmentation approach that a customer might use to segment messages and then store them in the repository that best suits the s’ business value.EMC has found that the most sensible approach for most companies is to use both the native archive packaged with the EMC SourceOne Management product and the Compliance Archive, depending on the ’s business value. In most organizations, all is not created equal. The vast majority of in organizations needs to be maintained in bulk for a prescribed period of time, which is exactly what the native archive in SourceOne Management is designed to do. The Compliance Archive can then be used to manage the 10 to 30 percent of an organization’s that is typically affected by business processes or some aspect of governance.Compliance orNative ArchiveReferentialModest retentionRequired for discoveryNative ArchiveNon-recordCompliance-drivenEnforced deletion
19 Common Questions for IT Infrastructure TitleMonth YearCommon Questions for IT InfrastructureWhat content do I have on my storage?Microsoft SharePoint, file shares, laptops?Is it appropriate? Is it where it should be?What kind of resources is unmanaged content consuming?What does it cost me?Is it on the right tier? Should I archive it?What business records are out there that I don’t know about?What kind of risk are we carrying?What if there is confidential or private content or content subject to regulation out there?How can I clean up my storage?Can I safely delete content that doesn’t have business value?What information do I need to archive and retain?Unmanaged file content lives throughout organizations—on laptops, desktops, file shares, and in third-party repositories like Microsoft SharePoint. Are you confident that you know what you have in your organization, how much of it exists, and where it is located?For most organizations, doing more with less is the order of the day. In an era of shrinking IT budgets and smaller IT staffs, every resource must be allocated correctly and accounted for. Do you know what kind of resources that unmanaged file content is consuming in your organization?In this high-volume content lives potentially high-value or vital business records. Do you know what risk your organization is potentially carrying?Another question for organizations to answer before engaging in high-profile IT projects such as a storage change, vendor swap-out/refresh, or archiving is this: How will you clean up your environment before you engage in those activities, so you don’t bring along unnecessary and/or unwanted content?
21 Intelligent Information Governance with EMC TitleMonth YearIntelligent Information Governance with EMCEMC SourceOne File IntelligenceEnables educated decision-making and policy creationEMC Celerra, Data Domain, CenteraCopy/move to archive storageFile systemsserversLaptops and desktopsDocumentumMicrosoft SharePointThird-party archivesSourceOne File Intelligence provides greater insight into the business value and risk of file-based content while allowing organizations to maximize the efficiency and utilization of existing infrastructure investments.SourceOne File Intelligence is the only file management solution that not only offers full-text information about the contents of unmanaged files, but also provides deep-level, rich reporting capabilities that provide actionable intelligence about the activities and resource consumption associated with targeted file content. As a result, organizations have the ability to make valuable, informed decisions about handling unmanaged content and dramatically reduce operational costs and risk across a number of possible scenarios.As we can see here, the first step is identifying where unmanaged files reside—whether in laptops/desktops, file servers, repositories like EMC Documentum or Microsoft SharePoint, or third-party archives—is to take action.After identifying content and providing deep concise reporting, SourceOne File Intelligence can take action by copying or moving information to archive-ready storage platforms such as EMC Celerra, Data Domain, or Centera; enabling records management with Documentum Records Manager; or migrating content to Microsoft SharePoint 2007.In addition, support for copying and moving information to the cloud with Atmos is expected in QDocumentumCopy/move to enable recordsMicrosoftSharePointIdentify content to migrate toThe cloudCopy/move to cloud storage
22 SourceOne File Intelligence: How It Works TitleMonth YearSourceOne File Intelligence: How It WorksCatalogAnalyzeActKey features of SourceOne File Intelligence are:Powerful indexing: Discover and classify unmanaged files in-place before any archiving through deep crawling, and powerful and scalable full-text indexing using full or incremental scans. These capabilities can help identify valuable or confidential data such as Social Security or credit card numbers.Flexible search: Target only relevant content based on key data requirements and implement saved searches to easily return to desired search sets.Robust, actionable reporting: With summary or more detailed levels of reporting, users can understand and make informed decisions based on file information such as owner, resource consumption, age, and level of duplication.Copy, move, and delete: Once relevant files have been identified, take actions such as copying files for file migrations or moving valuable file content for records preservation to secure, protected repositories like EMC Documentum. Utilize tiered archiving storage such as EMC Centera, Celerra and Data Domain for lower-cost, compliant, long-term storage. If file content is not aligned with company policy or has no business value, safely delete it.Simplified installation and deployment: SourceOne File Intelligence can be delivered as an appliance, resulting in lower solution complexity and rapid deployment.ClassifySearchReportCrawl data sourcesBuild indexMetadata basicMetadata with document typeMetadata with hashDeep crawl full textDeep crawl with classificationClassify files based on metadata, keyword content, and pattern matchingAge, owner, location, file type, etc.Business value, security risk, intellectual property, PII, PCIAnalyze data with search and report toolsSemantic search with Boolean, proximity, stemming, phrase supportMore than 30 pre-built reports out of the boxCustom reports as neededRobust action setMove, copy, delete, retain, export, tagPolicy-based actionsOne-timeScheduledRecurring
23 Rich Data Classification TitleMonth YearRich Data ClassificationClassify files by attributesHigh business valueFiles created or modified in the last 30 daysFiles owned by company executivesMedium business valueFiles not accessed in the last 90 days and not modified in the last 180 days.PST filesLow business valueFiles not accessed in the last 180 daysMP3/MP4, JPEG, MOV filesClassify selected files based on file content and metadataFiles with “Confidential” contente.g., source code files, patents, product manuals, contracts, etc.Files containing non-public informatione.g., Social Security numbers, credit card numbers etc.Classify files based on IT or business inputAdministrator tagsLine-of-business tagsUser tagsSourceOne File Intelligence can:Classify files by attributesHigh business valueFiles created or modified in the last 30 daysFiles owned by company executivesMedium business valueFiles not accessed in the last 90 days and not modified in the last 180 days.PST filesLow business valueFiles not accessed in the last 180 daysMP3/MP4, JPEG, and MOV filesClassify selected files based on file content and metadataFiles with “Confidential” in the contente.g., source code files, patents, product manuals, contracts, etc.Files containing non-public informatione.g., Social Security numbers, credit card numbers, etc.Classify files based on IT or business inputAdministrator tagsLine-of-business tagsUser tags
24 File Visibility and Remediation TitleMonth YearFile Visibility and RemediationReduce risk, lower costs, and improve efficiencyGain insight into unmanaged file content through granular file-level visibility and reportingIdentify opportunities to optimize storage environments where static data is consuming valuable IT resourcesLocate and safely delete content to reduce risk, reduce data volume, and improve operational performanceReduce risk by migrating content to a secure archive or repository for ongoing policy managementMigrate content to virtualized, deduplicated, and cloud platforms to improve performance and reduce costsWe have covered a great deal of material today. Here are some final points on the benefits of SourceOne File Intelligence to your organization:Gain insight into unmanaged file content through granular file-level visibility and reporting.Identify opportunities to optimize storage environments where static data is consuming valuable IT resources.Locate and safely delete content to reduce risk, reduce data volume, and improve operational performance.Reduce risk by migrating content to a secure archive or repository for ongoing policy management.Migrate content to virtualized, deduplicated, and cloud platforms to improve performance and reduce costs.
25 Litigation Hold / Collection Spectrum TitleMonth YearLitigation Hold / Collection SpectrumTapeLast resortForensicsCustodian–Driven Holds & CollectionModerate risk / lowESI ComplexityCustodians do hold/collection of own itemsCheap, simpleShifts burden of workRisk of “Faux eDiscovery”Can be difficult to do correctly(e.g. Cache La Poudre)Loss of metadataEnterprise / AutomationBest practiceSystem-based collection of main repositoriesFast, efficientGreat ECAJustify initial investmentPull daily / weekly monthly tapesDeceptively easy and simple (it’s not!)Cons: (Not enough room)Take images of all targeted devicesVery completeExpensiveSignificant over-collectionScalabilityGood tool to have – not in all casesFocused UseAs Needed25
26 EMC eDiscovery - Data Flow TitleMonth YearEMC eDiscovery - Data FlowDesktopsFilesharesExchange Server@Here we see a step-by-step view of how data flows through a typical eDiscovery process using the EMC Solution for eDiscovery Collection.Knowledge workers create electronically stored information on data sources as usual. This solution requires no changes to data creation processes and no agents to be deployed on data sources.The solution indexes (harvests) the ESI on the data sources to gather intelligence about the stored data.Investigative users search the indexes to determine what ESI is relevant.Relevant ESI is secured and placed on legal hold on immutable storage.Investigator culls through held data and generates production sets for use in legal review, either by outside counsel or by a hosted review vendor.EMC DocumentumMicrosoft SharePointStep 1Step 2Step 3Step 4Step 5Knowledge workers create electronically stored information (ESI) on data sources as usual; this solution requires no changes to data creation processes and no agents to be deployed on data sourcesThe solution indexes (harvests) the ESI on the data sources to gather intelligence about the stored dataInvestigative users search the indexes to determine what ESI is relevantRelevant ESI is secured and placed on legal hold on immutable storageInvestigator culls through held data and generates production sets for use in legal review by outside counsel or hosted review vendor
27 EMC SourceOne eDiscovery Kazeon TitleMonth YearEMC SourceOne eDiscovery KazeonCaseManagementLegal Hold reporting dashboardLegal Hold workflow managementSegregate data and cases by roleBuilt-in and custom reportsAgent-based & agent-less collectionFull and incremental collectionsLaptop / Desktop CollectionSingle-step targeted collectionMultiple target repositoriesPreservationand CollectionAnalysisand ReviewDistributed and collaborative reviewanalytics and threadingConcept search and analysisInteractive tagging and reviewHighly scalable for multiple case supportDiscovery Collector’s eDiscovery solution is designed to enable organizations legal and IT organizations with an eDiscovery workflow platform that helps manage the lifecycle from collection of information -- all the way thru to in- house review and analysis of legal information. There are four common use cases for the Discovery Collector eDiscovery solution.Our unique legal hold workflow capability allows an organization to place a litigation hold where the data resides (at it’s original location) or at a target destination designated by the customer such as within an archive repository like Symantec Enterprise Vault or on a secured file system. This allows you to take immediate action without having to deal with often unnecessary collection and risking spoliation.Our solution gives you the tools to quickly and easily locate potentially responsive information necessary for early case assessment and accomplish first-pass review – and you can do this without having to collect information, by performing the analysis and review tasks while the information is in it’s original place.When collection is required, we have a simple single-step targeted collection process that has helped organizations significantly reduce the amount of data that get’s sent out for hosted review resulting in significant cost savings.For corporations that have in-house staff to do review and analysis, our solution has very rich analytical capabilities that gives corporations very good visibility into the data and then perform in-house document review.Discovery Collector provides the industry’s lowest cost eDiscovery solution while mitigating overall organizational risk.27
28 Enterprise Information Governance Solution TitleMonth YearEnterprise Information Governance SolutionS1 SupervisorRegulatory Compliance Review Sampled MessagesMS Exchange 2003 / 2007 / 2010Lotus Notes / DominoMessaging ServersS1 eDiscovery – KazeonIncludes Connectors for:File SharesHome Drives (laptops & desktops)Exchange & Notes / PSTs & NSFsDocumentumSharePointS1 ArchiveSourceOneArchiveOther Content RepositoriesCurrently two step collection and unified matter management for:FileNet, Content Manager, GroupWise and other sourcesEnforcement: In implementing Legal Hold Manager, Kazeon offers in-place legal hold and legal hold to a secure target repository. In-place delivers the capability to quickly hold the potentially relevant information in-place (on the laptop, desktop or server) for near instant compliance until determination of relevance or the ESI is copied to a secure repository. Legal hold to secure target repository enables the legal professional to perform a copy or move with ESI integrity verification to a secure storage system for long-term retention of relevant documents.& IMMS SharePointFile ArchivingIn-placeLegal HoldTargetLegal HoldFileSharesAvamar BackupsSnapshotsDocumentRepositoriesSharePointDocumentumPSTCollectLegal StorePreservationServerDesktops, Remote Offices,and LaptopsLegal Hold /Legal Store orPreservation Store – Celerra, Centera, Data Domain & others
29 Agenda Who Are You and How Did We Get Here? TitleMonth YearAgendaWho Are You and How Did We Get Here?A Brief HistoryWhat's Next and Why Should I Care?2009 Drivers and LandscapeCosts and Risks of e-InformationWhat's An Enterprise To Do?Recommendations and InitiativeseDiscovery Process and InfrastructureHow Do We Justify Purchases in 2010?The Road To ROIWhat's Our Next Step?Conclusions and Next StepsHow About Some Free Advice?Q&A
30 In 2010 IT Budgets are flat or declining *, TitleMonth YearTitleMonth YearChallengesIn 2010 IT Budgets are flat or declining *,but eDiscovery is not discretionary and the money is already being spentITFTEs spending time on restores of historic data based on vague requests by LegalNo ability to delete because of a lack of insight into data, and unrealistic policies from LegalLegalMassive over-collection (“screw drivers and wheel barrels”), leads to huge legal review and processing costs by outsourcers (1 gig = 50,000 files for review)Risk of sanctions for deleting the wrong thing leads to over-preservation (“save everything”)We’ve all seen the IDC study on the exploding digital universe. Information growth is massive – close to 2 zetabytes by 2011 – growing at about 60% per year. As the amount of information grows, it becomes harder to insure information is available to the users who need it.In these difficult economic climate, IT budgets are declining – by 3% inThe challenge for CIOs and IT managers is how do I manage this growth? … while insuring that users have access to information… all the while mitigating risks that have to do with regulatory requirements and the threat of litigation or internal investigations.*“Global purchases of IT goods and services … will equal $1.66 trillion in 2009, declining by 3% after an 8% rise in 2008.” Global IT Market Outlook: 2009, Forrester Research, 1/12/200930
31 One terabyte of data can result in $18.75M in legal review costs TitleMonth YeareDiscovery and RIM ROI“Organizations unprepared for e-discovery in 2009 will be at a disadvantage … open to potential sanctions from an increasingly technically literate U.S. judiciary. As defendants, organizations need to respond quickly and effectively ... As plaintiffs, organizations must have their ESI house in order and be prepared for reciprocal discovery requests…”Gartner, “Reduce the Cost and Risk of E-Discovery in 2009”, D.Logan & J. Bace, 1/9/09“Between 10% and 90% of what [clients] have does not need to be retained for any reason.”Budget roughly $500,000 on IT support for cases involving 10 or more custodians and/or more than three different systemsOne terabyte of data can result in $18.75M in legal review costsUnprepared companies will spend 1/3 more on e-discovery than those with content archiv-ing solutions.ROI Factors
32 28% 20% 35% 17% The Cost of eDiscovery Notice Collection Hold TitleMonth YearThe Cost of eDiscoveryProduceNoticeCollectionHoldInspect/ReviewCost of holding massive volumesUnanticipated legal riskSpoliation riskPercentage of discovery costs when proceedingsor investigations involve the discovery of ESI:*28%20%35%17%Costs associated with document collection from inaccessible locationsCost directly related to number of documents to reviewCost of delivering ESI to various recipients on various media (e.g., CD, DVD, or paper)* Source: Enterprise Strategy Group, 2007
33 TitleMonth YearStraightforward ROI“T]he payback period for an e-discovery investment is very short, on the order of three to six months after implementation takes place.” On slide #5, would you please make the font consistent throughout our quote? That is, please do not make some words bold or otherwise emphasized if we ourselves did not emphasize those words. Also please change Gartner Group to Gartner, Inc. in the citation. With these changes made, slide #5 if also approved. “MarketScope for E-Discovery Software Product Vendors”, Gartner, Inc., 12/17/08.
34 Agenda Who Are You and How Did We Get Here? TitleMonth YearAgendaWho Are You and How Did We Get Here?A Brief HistoryWhat's Next and Why Should I Care?2009 Drivers and LandscapeCosts and Risks of e-InformationWhat's An Enterprise To Do?Recommendations and InitiativeseDiscovery Process and InfrastructureHow Do We Justify That?The Road To ROIWhat's Our Next Step?Conclusions and Next StepsHow About Some Free Advice?Q&A
35 Next Steps Get Cross-Functional Assemble Your Case Top-Down TitleMonth YearNext StepsGet Cross-FunctionalIT Meet Legal; Legal Meet ITAssemble Your CaseCollect data, anecdotes, researchTop-DownFocus initial work on high impact areasLet EMC HelpWe know your informationOur team can facilitate next stepsKnowledge Is PowerEMC eDiscovery and Compliance (www.emc.com/ediscovery)Bringing eDiscovery In-House (For Dummies): (www.emc.com/ediscovery4dummies)The Sedona Conference (www.SedonaConference.net)EDRM (www.edrm.net)
36 Agenda Who Are You and How Did We Get Here? TitleMonth YearAgendaWho Are You and How Did We Get Here?A Brief HistoryWhat's Next and Why Should I Care?2009 Drivers and LandscapeCosts and Risks of e-InformationWhat's An Enterprise To Do?Recommendations and InitiativeseDiscovery Process and InfrastructureHow Do We Justify That?The Road To ROIWhat's Our Next Step?Conclusions and Next StepsHow About Some Free Advice?Q&A