1. © 2013 IBM | PROPRIETARY AND CONFIDENTIAL INFORMATION | INTERNAL USE ONLY IBM Software Solutions | Enterprise Content Management Prospecting with the: AGC of Litigation Dave Keenan Offering Manager eDiscovery Solutions October 16, 2013

2. © 2013 IBM | PROPRIETARY AND CONFIDENTIAL INFORMATION | INTERNAL USE ONLY 2 AGENDA 30 Min. Phone call Lead follow up Close maximum revenue deal Propose and Forecast Savings and Risk Assessment Hold 2 hr Mtg with Director of legal/ACG and IT eDiscovery Mgr Prospect Solution Skills Discover Pain  The pain defined  Finding and sizing the risk  Selling to Legal Map Solution  Risk Reduction Levers  Solution capabilities  Upcoming capabilities 2013 Beat Competition  Solution capability differentiation Prospect Context  The Legal Buyer Follow Up with Prospect  Sales Tools  Upcoming Events

3. © 2013 IBM | PROPRIETARY AND CONFIDENTIAL INFORMATION | INTERNAL USE ONLY 3 AGENDA 30 Min. Phone call Lead follow up Close maximum revenue deal Propose and Forecast Savings and Risk Assessment Hold 2 hr Mtg with Director of legal/ACG and IT eDiscovery Mgr Prospect Solution Skills Discover Pain  The pain defined  Finding and sizing the risk  Selling to Legal Map Solution  Risk Reduction Levers  Solution capabilities  Upcoming capabilities 2013 Beat Competition  Solution capability differentiation Prospect Context  The Legal Buyer Follow Up with Prospect  Sales Tools  Upcoming Events

4. © 2013 IBM Corporation | Proprietary and Confidential Information 4 Associate General Counsels who experience: 1.Excess preservation risk from lack of process integrity and automation Confirmations not sent or received, interview facts lost or overlooked Data lost from departing employees subject to legal hold Mis-scoping legal holds 2.Excess cost and complexity of the collection process resulting in quality and chain of custody issues Multiple spreadsheet “handshakes” between legal and IT Long lead time to collect data as volumes, variety of evidence rise which lead to tight production deadlines and the errors they introduce Arduous chain of custody documentation over diverse data sources, collection methods, and rising information volume per custodian and matter Excess data collected and subsequently processed and reviewed 3.Inherent risk in facts from not understanding matter facts until after data is collected 4.Excess, unpredictable and rising legal and eDiscovery costs Associate General Counsel Industries: Financial services Life Sciences Oil and gas / Energy Geographies: North America Major European markets Asia Pac Our Buyer

5. © 2013 IBM Corporation | Proprietary and Confidential Information 5 AGENDA 30 Min. Phone call Lead follow up Close maximum revenue deal Director Legal/AGC– Arrange a Meeting Propose and Forecast Savings and Risk Assessment Hold 2 hr Mtg with Director of legal/ACG and IT eDiscovery Mgr Prospect Solution Skills Discover Pain  The pain defined  Finding and sizing the risk  Selling to Legal Map Solution  Risk Reduction Levers  Solution capabilities  Upcoming capabilities 2013 Beat Competition  Solution capability differentiation Prospect Context  The Legal Buyer Follow Up with Prospect  Upcoming Events

6. © 2013 IBM Corporation | Proprietary and Confidential Information 6 What keep an AGC up at night? Lack of confidence in their current eDiscovery process Gaps in the eDiscovery process that allow adversaries to attack the process Mistakes in high stakes litigation that can cost them their job & reputation The big risk: Evidence is accidentally or intentionally destroyed

7. © 2013 IBM Corporation | Proprietary and Confidential Information 7 Complexity of Legal Environment  Hundreds of active matters and legal holds  Increasing new maters each year  Growing collections per year  Large average amount of data collected  Expanding variety of data collected  Increasing review volumes and costs  Difficulty identifying custodians Complexity of Legal Environment  Hundreds of active matters and legal holds  Increasing new maters each year  Growing collections per year  Large average amount of data collected  Expanding variety of data collected  Increasing review volumes and costs  Difficulty identifying custodians Complexity of Information Environment  Rapidly expanding data volumes  Unknown data age and location  Expanding lists of servers and applications Complexity of Information Environment  Rapidly expanding data volumes  Unknown data age and location  Expanding lists of servers and applications More complexity, means more risk! How Complex are the Legal and Information Environments?

8. © 2013 IBM Corporation | Proprietary and Confidential Information 8 3 Sources of AGC Pain 123 Legal Hold Process Collection Process Early Case Assessment Process Lack of process integrity as to who should be scoped and how scope changes over time Evidence destruction due to lack of oversight or lack of legal hold process automation Excess cost and inherent complexity of the collection process Unreliable chain of custody Delays in understanding the facts in a matter Inherent risk in facts from potential and unnecessary evidence Delays in understanding matter facts until after data is processed or reviewed

9. © 2013 IBM Corporation | Proprietary and Confidential Information 9 “Our current process is fine” requires MORE process questions In contrast, a Director of Legal Ops is focused on how painful the process is The AGC is focused on how RELIABLE the eDiscovery process is, while the IT stakeholders are focused on how PAINFUL the process is Question the process FULLY to understand gaps and potential pain Focus on: -Duplicate processes that cause inefficiency and introduce errors and cost -How much time and effort current processes really take -Gaps in data silos or in time to preserve data -Delays in understanding the facts of the matter

10. © 2013 IBM Corporation | Proprietary and Confidential Information 10 WHY DOES LEGAL RESIST AUTOMATION? Effectively selling to legal REQUIRES understanding their RISK & Exposing the Faults in their current process Accidental destruction of data = Loss of job & reputation So Tell IT to KEEP EVERYTHING BUT… IT COMPLEXITY and Uncontrolled VOLUME GROWTH Results in… Errors & Intentional and Accidental data destruction Legal Thinks IT Knows SO… Find where the process is failing to preserve Bring IT and Legal together for an honest discussion You WIN, Legal wins, IT wins -- by helping IT inform Legal of the issues Bring IT and Legal Together

11. © 2013 IBM Corporation | Proprietary and Confidential Information 11 AGENDA 30 Min. Phone call Lead follow up Close maximum revenue deal Director Legal/AGC– Arrange a Meeting Propose and Forecast Savings and Risk Assessment Hold 2 hr Mtg with Director of legal/ACG and IT eDiscovery Mgr Prospect Solution Skills Discover Pain  The pain defined  Finding and sizing the risk  Selling to Legal Map Solution  Risk Reduction Levers  Solution capabilities  Upcoming capabilities 2013 Beat Competition  Solution capability differentiation Prospect Context  The Legal Buyer Follow Up with Prospect  Sales Tools  Upcoming Events

12. © 2013 IBM Corporation | Proprietary and Confidential Information 12 We Give You 3 Levers to Reduce Litigation Risk and Cost 123 Precision Holds & IT Transparency Assess in Place & Collect Precisely Cull & Review Internally Accurately identify custodians by role over time, and gain visibility into sources of data to right-size matter scope Asses potential evidence before collection to set case strategy early and reduce collection effort and cost Quickly process and sort relevant content from data debris, and review content in- house to reduce high processing and review costs

13. © 2013 IBM Corporation | Proprietary and Confidential Information 13 IBM – eDiscovery: Beyond the EDRM -Manage Matter Creation and scoping -Notify Custodians of holds -Manage escalations and reminders -Manage the interview process -Visualize your collected data -Cull, View and tag data Easily manage your matters and meet your obligations Legal Business Process Management Legal Hold Notification and Management Early Case Assessment

14. © 2013 IBM Corporation | Proprietary and Confidential Information 14 HOLDS Scope holds by organization structure to accurately scope and reduce cost and risk Automated tracking, reminders and escalations to simplify hold process management INTERVIEWS AND QUESTIONNAIRES Create standard questions including mandatory and conditional questions Auto-collate responses to simplify the process LEGAL DASHBOARD Manage the matter portfolio by exception. Flag for follow up, route actions to staff members and get alerts as work is completed. Zoom in on the exceptions that need attention. Define thresholds for exceptions to manage to policy. Precision Holds & IT Transparency

15. © 2013 IBM Corporation | Proprietary and Confidential Information 15 Assess in Place & Collect Precisely In-Place Analysis Analyze content across data sources Identify owners to determine people and systems with potentially relevant information Understand the types of data in scope and where it is located Make case decisions earlier in the process Preservation and Collection Collect only the relevant content to reduce risk and cost Collect and preserve potential evidence on file shares, SharePoint, desktops and enterprise repositories without native enforcement. Targeted, network friendly desktop collection Central collection dashboard Works with low bandwidth and sporadically connected devices Reduces collected data by up to 85% Index, Analyze and Act on the entire SharePoint ecosystem.

16. © 2013 IBM Corporation | Proprietary and Confidential Information 16 Filter and cull potential evidence to substantially shrink review sets Focus on relevant activity quickly to better understand issues Understand communication patterns – who is talking to who Automatically generate “concept maps” to easily understand subject matter in the data set Tag items for responsiveness and privilege Analyze, Cull & Review Internally

17. © 2013 IBM Corporation | Proprietary and Confidential Information 17 What’s New: IBM eDiscovery (Q4 – 2013) Atlas eDiscovery Process Management, Atlas IT eDiscovery Process Management Improved User Experience Large Custodian scale - Expanded ability to manage large lists of custodians and perform actions New Reporting - Improved insights through new reports using the Cognos query framework Improved Reach Mobile Device Support - Custodians are able to confirm and view their holds, and respond to interviews using a mobile device Improved Control Simplified Auditability - Expanded ability to document preservation and collection activities, both at the plan level and per custodian. Improved Flexibility - More control of the collection, notice scoping & Release processes. eDiscovery Manager & eDiscovery Analyzer Improved Integration Support for CM8 repositories – Legal hold in CM8 Support for non-email file types (files, SharePoint) Ability to manage non-email content from file-shares and SharePoint More flexible Export CSV Export - Ability to save content metadata to CSV for use in 3rdparty tools More export options for location, disk space and access controls New Pricing Pricing will be based on number of authorized users who access the application eDiscovery Identification and Collection, Policy Assessment and Compliance Improved User Experience for the eDiscovery and Records buyer Connector to Atlas eDiscovery Process Management Comprehensive policy execution dashboard or applying large number of policies New naming and part numbers in the IBM systems

18. © 2013 IBM Corporation | Proprietary and Confidential Information 18 AGENDA 30 Min. Phone call Lead follow up Close maximum revenue deal Director Legal/AGC– Arrange a Meeting Propose and Forecast Savings and Risk Assessment Hold 2 hr Mtg with Director of legal/ACG and IT eDiscovery Mgr Prospect Solution Skills Discover Pain  The pain defined  Finding and sizing the risk  Selling to Legal Map Solution  Risk Reduction Levers  Solution capabilities  Upcoming capabilities 2013 Beat Competition  Solution capability differentiation Prospect Context  The Legal Buyer Follow Up with Prospect  Sales Tools  Upcoming Events

19. © 2013 IBM Corporation | Proprietary and Confidential Information 19 Solution Capability Differentiation IBM’s solution is UNLIKE alternative products that Have lengthy deployments (longer time to value) and are overly complex to install, configure, maintain and operate Have very long indexing times and require storage equal to or greater than the data being archived and indexed Require data to be collected/copied to manage it, leading to massive data duplication without risk mitigation Only connect to a limited set of data sources Don’t allow iterative refinement of filters prior to acting on data Are not integrated with policy management, making retention and disposal execution more risky, less feasible on large information campus and less defensible Do not scale to enterprise work loads

20. © 2013 IBM Corporation | Proprietary and Confidential Information 20 AGENDA 30 Min. Phone call Lead follow up Close maximum revenue deal Director Legal/AGC– Arrange a Meeting Propose and Forecast Savings and Risk Assessment Hold 2 hr Mtg with Director of legal/ACG and IT eDiscovery Mgr Prospect Solution Skills Discover Pain  The pain defined  Finding and sizing the risk  Selling to Legal Map Solution  Risk Reduction Levers  Solution capabilities  Upcoming capabilities 2013 Beat Competition  Solution capability differentiation Prospect Context  The Legal Buyer Follow Up with Prospect  Sales tools  Upcoming Events

21. © 2013 IBM Corporation | Proprietary and Confidential Information 21 ILG Initial Benefits Calculator The ILG Benefits Calculator is an IBM Internal Tool, to be used to help determine potential data size reduction, cost savings and risk reduction benefit along with a customer or prospect. iPad and Desktop Versions Calculates Volume/Risk Reduction, Cost Savings Unstructured, Structured, eDiscovery Levers Vintage analysis to quantify risk reduction benefit GET THE CALCULATOR ON ILG CENTRAL: ILG Initial Benefit Analysis CalculatorILG Initial Benefit Analysis Calculator

22. © 2013 IBM Corporation | Proprietary and Confidential Information 22 New Sales Tools  Solution Sheet: Legal Buyer – Increase the Efficacy of eDiscovery  Solution Sheet: Records Buyer – Records Retention and Management  Solution Sheet: IT Buyer – Improving the Management & Governance of Unstructured Data Available on ILG Central

23. © 2013 IBM Corporation | Proprietary and Confidential Information 23 IOD - Las Vegas - Nov 3 - 7 Information Economics Video with Gartner – Late Nov (record at IOD) IQPC eDiscovery Xchange – Munich – Nov 18 – 20 Joint CA/ILG Webinar: ICC – Nov/Dec ESG Webinar – Store Less, Spend Less – Oct. 1 Neocol Breakfast (StoredIQ) – Vancouver – Oct 2 BTRG Golf Event (StoredIQ) – Toronto – Oct 2 Neocol Breakfast (StoredIQ) – Calgary – Oct 3 IQPC eDiscovery & Info Gov for Oil and Gas Conference – Houston – Oct 7 – 8 EDRM Mid-Year Meeting – St. Paul, MN – Oct 9 - 10 CGOC Regional – London – Oct 10 AIIM SharePoint Conference – NYC – Oct 10 (StoredIQ - SharePoint Governance) Corp. Counsel Exchange – NL– Oct 23 - 24 Association of Corp Counsel (ACC) - Los Angeles - Oct 27 - 30 ARMA - Las Vegas - Oct 28 – 30 AIIM Webinar – Legacy Data Clean Up – Oct 30 CGOC Webinar – Europe – end of Oct - TBD 2H13 ECM Launch: ILG Calendar JulyAugustSeptember OctoberNovemberDecember Virtual joint CA/IBM Launch – Aug 22 Public announcement CGOC Regional – NYC – July 17 Baseball & Beer with IBM – Houston – July 24 Baseball & Beer with IBM – Chicago – July 31 ILG Dinner Over Data – Rochester, NY – Sept 12 IQPC eDiscovery & Information Governance for Financial Services Conference – London – Sept 16 – 18 Smarter Content Summit – Toronto – Sept 18 (StoredIQ - SharePoint Governance) Baseball & Beer with IBM – Boston – Sept 19 CGOC/EDRM Webinar: Defensible Disposal - Dec - TBD CGOC Regional – NYC – Date TBD

24. © 2013 IBM Corporation | Proprietary and Confidential Information 24