1. InfoGov: New Capabilities? New Imperatives?
RCP
InfoGov: New Capabilities? New Imperatives?
Christopher Surdak, Global Subject Matter Expert
ING3NIOUS IG and eDiscovery Retreat
29 May, 2014
Welcome.
I’d like to spend a few minutes with you today giving you the big picture view of how HP Software--the challenges and opportunities faced by our customers, the solutions we’re delivering and where we’re investing our R&D dollars to innovate.
© Copyright 2012 Hewlett-Packard Development Company, L.P. The information contained herein is subject to change without notice.

2. Christopher Surdak, HP Autonomy
Welcome
Christopher Surdak, HP Autonomy
Chris is an expert in Content Management, Big Data, Information Security, Regulatory Compliance, and Cloud Computing with over 20 years of professional experience.
He holds an Executive Masters In Technology Management and a Moore Fellowship from the University of Pennsylvania and a BSME from Pennsylvania State University. He also holds a CISSP Master’s Certificate from Villanova University and a Juris Doctor from Taft University.
Mr. Surdak is author of “Data Crush: How the Information Tidal Wave is Driving New Business Opportunities”, recently released by AMACOM Publishing.

3. Big Data vs. Big BI

4. There are~1019 grains of sand on the earth
The world has changed
YouTube
Viber
Qzone
Amazon Web Services
GoGrid
Rackspace
LimeLight
Jive Software
salesforce.com
Xactly
Paint.NET
Business
Education
Entertainment
Games
Lifestyle
Music
Navigation
News
Photo & Video
Productivity
Reference
Social Networking
Sport
Travel
Utilities
Workbrain
SuccessFactors
Taleo
Workday
Finance
box.net
Facebook
LinkedIn
TripIt
Pinterest
Zynga
Baidu
Twitter
Yammer
Atlassian
MobilieIron
SmugMug
Amazon
iHandy
PingMe
Associatedcontent
Flickr
Snapfish
Answers.com
Tumblr.
Urban
Scribd.
Pandora
MobileFrame.com
Mixi
CYworld
Renren
Xing
Yandex
Heroku
RightScale
New Relic
AppFog
Bromium
Splunk
CloudSigma
cloudability
kaggle
nebula
Parse
ScaleXtreme
SolidFire
Zillabyte
dotCloud
BeyondCore
Mozy
Fring
Toggl
MailChimp
Hootsuite
Foursquare
buzzd
Dragon Diction
SuperCam
UPS Mobile
Fed Ex Mobile
Scanner Pro
DocuSign
HP ePrint
iSchedule
Khan Academy
BrainPOP
myHomework
Cookie Doodle
Ah! Fasion Girl
Every 60 seconds
PaperHost
SLI Systems
NetSuite
OpSource
Joyent
Hosting.com
Tata Communications
Datapipe
PPM
Alterian
Hyland
NetDocuments
NetReach
OpenText
Xerox
Google
Microsoft
IntraLinks
Qvidian
Sage
SugarCRM
Volusion
Zoho
Adobe
Avid
Corel
Serif
Yahoo
CyberShift
Saba
Softscape
Sonar6
Ariba
Yahoo!
Quadrem
Elemica
Kinaxis
CCC
DCC
SCM
ADP VirtualEdge
Cornerstone onDemand
Kenexa
Workscape
Exact Online
FinancialForce.com
Intacct
Plex Systems
Quickbooks
eBay
A Geopbyte is 1030 Bytes
MRM
Claim Processing
Payroll
Sales tracking & Marketing
Commissions
Database
ERP
CRM
SCM
HCM
PLM HP
EMC
Cost Management
Order Entry
Product Configurator
Bills of Material
Engineering
Inventory
Manufacturing Projects
Quality Control
SAP
Cash Management
Accounts Receivable
Fixed Assets
Costing
Billing
Time and Expense
Activity Management
Training
Time & Attendance
Rostering
Service
Data Warehousing
204 million+ s sent
100,000+ tweets
2 million+ Google searches
IBM
Unisys
Burroughs
Hitachi
NEC
Bull
Fijitsu
Big Data, Cloud, Mobility
Zettabytes
Client/server Megabytes
The Internet Gigabytes
$275,000 spent online shopping
Mainframe
Kilobytes
35,000 brand “Likes” on Facebook
There are~1019 grains of sand on the earth
38,000 new Tumblr blog posts
48 hours new video on YouTube
2,000 check-ins on Four Square
Brontobytes + Geopbytes
Every 7-10 years, technology delivery undergoes a tectonic shift; one that opens up new business and access models. A shift that changes the way technology is consumed and the value that it can bring. A change in what is possible. A removal of inhibitors that unleash the power of innovation.
Today, mobility, social, big data, and the advent of cloud computing are representative of such shifts offering a new means for IT to help organizations accelerate progress towards solving their most pressing challenges (including speeding innovation, enhancing agility, improving financial management). These shifts can unleash the power of IT to not only support but help shape the business.

5. Information to insights – the Big Data landscape
Annual Growth
Machine Data
Human Information
~100%
90% of Information
Business
Data
~10%
The entire history of IT up until now has largely be concerned with one type of information – what I call Business Data, but is often called structured data. The sort of information that sits in rows and columns in databases and applications like ERP and CRM – and that’s largely because up until 20 years ago, that was pretty much the only type of information available. Think about something as common as a digital camera. These were either a relative luxury up until recently, and until they were embedded in smart phones, used infrequently.
While business data is still important, two things are important to note;
The first is that structured business data now represents less than 10% of the information that a typical enterprise has at it’s disposal.
The other 90% is in the form of what’s called machine data – that’s things like log files from a firewall, the temperature reading from a digital weather station, the earthquake sensors dotted around the planet and it’s exact opposite - human information – which includes things like video, audio and pictures – stuff that computers have required people to manage for them.
The important point here is that these two new forms of information are growing at a rate nearly 10 times faster than traditional business data, but are also the least well managed today – especially in a timely fashion. And it’s time that many executives think is the most important for them – let’s be honest, most executives are less concerned with how much data and what type they have as and more concerned with getting the insights they need quickly.
Whether it’s financial markets which rely on exploiting market inefficiencies that barely last a microsecond, or less time sensitive examples such as predicting the arrival time of a flight or pinpoint a network failure, we can’t be waiting around for an overnight “batch run” to update the data as legacy systems data warehouse systems require today.
A new way is required.
10% of Information

6. Human information is rich & diverse, including audio & video
Multi-lingual
Multi-channel
Multi-platform
Real-time
Context-sensitive
Culturally-sensitive

7. To remain relevant you must ask different questions
“What” used to be enough
“What” customer?
“What” need?
“What” product?
“What” price?
“Why” is what really matters
“Why” they buy?
“Why” they care?
“Why” they stay?

8. Big Data vs. “Big BI” Which are you building? Big BI: Big Data:
Same analyses as before, just more data
Batch or warehouse-type processing
Informative, but not really actionable
Big Data:
Joining data sets never before joined, asking questions never before asked
Real-time or near-real-time, leading to predictive/persuasive
Action oriented, driving “Action at the Speed of Insight”

9. The Customer Engagement Continuum
Timing: Topic: Purpose: Value:
Reactive
Responsive
Predictive
Persuasive
Past
Present
Future
What has happened
What is happening
What might happen
What should happen
Understand the Past
Understand the Present
Understand the Future
Change the Future
What worked before may work again
Is there an opportunity right now
Is there an opportunity coming
Can I create an opportunity

10. Creeping Towards Creepy

11. The Imperative for Information Governance: Pending FRCP Rules Changes

12. Corporate Reality: Data Growth is Real

13. Reality of Retention: What is “Reasonable”
The Problem: Over Preservation Microsoft as a Case Study – 2013 Average Microsoft Case – (Custodians/Volume/Pages)
Preserved: 45 Custodians GB - 59,285,000 pp
Collected & Processed: 8 Custodians GB -- 10,544,000 pp
Reviewed: 8 GB ,000 pp
Produced: 2 GB – 87,500 pp
Used: 88 pages
JON - Why does Microsoft retain so much material, when so much of it goes unused in the litigations for which it is being preserved?
But 11 out of 12 circuits require a showing of bad faith before ordering an adverse inference sanction.

14. Pending FRCP Amendments
Rule 1
Cooperation
Rule 26
Proportionality & Scope of Discovery
Cost Allocation, Rule 26(c)
Rules 30, 31, 33, 36
Presumptive Limits
Rule 37((e)(1-3))
Sanctions/Curative Measures
Preservation Guidance/Factors (Rule 37(e)(4))
Others: 30, 31, 33 and 36
Case Management (Not discussed here)
Production Requests/Objections (Rule 34(b)(2))
Amendments on track to become effective Dec. 1, 2015.
Changes in the proposed rules still possible, however, by the Judicial Conference, Congress or Supreme Court

15. Proposed Change to Rule 26
Proportionality and Scope of Discovery
The Subcommittee now recommends that Rule 26(b)(1) be worded to permit a party to “obtain discovery regarding any non-privileged matter that is relevant to any party’s claim or defense and proportional to the needs of the case, considering the importance of the issues at stake in the action, the amount in controversy, the parties’ relative access to relevant information, the parties’ resources, the importance of the discovery in resolving the issues, and whether the burden or expense of the proposed discovery outweighs its likely benefit. (new material in italics).
JON - Why does Microsoft retain so much material, when so much of it goes unused in the litigations for which it is being preserved?
But 11 out of 12 circuits require a showing of bad faith before ordering an adverse inference sanction.

16. Proposed Change to Rule 26
Implications of Proportionality Change
“[t]he parties and the court have a collective responsibility to consider the proportionality of all discovery and consider it in resolving discovery disputes.”
A producing party may not rest on mere allegations and “would be required to come forward with sufficient facts (rather than boilerplate or conclusory assertions) to show that the requested discovery violates the proportionality test.”
The proposed Committee Note states that a party was not “relieved” of its common-law or statutory duties to preserve evidence” by Rule 26(b)(2)(B).
JON - Why does Microsoft retain so much material, when so much of it goes unused in the litigations for which it is being preserved?
But 11 out of 12 circuits require a showing of bad faith before ordering an adverse inference sanction.

17. Implications of New Rule 26(b)(1)
What drives Proportionality?
Proactive Information Governance can dramatically impact the proportionality equation
The party with better infrastructure and processes has an advantage
The party who more tightly manages its archive(s) will have lower costs and hence lower proportionality thresholds
“Too costly, too complicated” will become weaker arguments as opponents grow more efficient and effective in their governance
JON - Why does Microsoft retain so much material, when so much of it goes unused in the litigations for which it is being preserved?
But 11 out of 12 circuits require a showing of bad faith before ordering an adverse inference sanction.

18. Proposed Change to Rule 26(c)
Discovery Cost Allocation
The presumption in Federal Courts is that each party bears the costs of selection, review and production of discoverable information, including attorney’s fees associated with the effort. Advocates for producing parties have long pushed for a modified “requester pays” approach.
The Committee proposes to amend Rule 26(c)(1) to acknowledge that a protective order issued for good cause to protect against undue burden or expense may include, as a term in such order, the “allocation of expenses.”
IMPLICATION
Drive down your discovery costs any way possible, including deletion of old data, technology assisted review, proactive governance, etc.
JON - Why does Microsoft retain so much material, when so much of it goes unused in the litigations for which it is being preserved?
But 11 out of 12 circuits require a showing of bad faith before ordering an adverse inference sanction.

19. Proposed Rule 37(e) Sanctions
The initial proposal for a replacement to Rule 37(e) would have authorized sanctions for failures to preserve only if they caused substantial prejudice in the litigation and were the result of “willful or bad faith” conduct [“(B)(i)”] or
if they involve failures to preserve which have ‘irreparably deprived” a party of a “meaningful” ability to present or defend against claims in the litigation [“(B)(ii)”].
Opposition to this change
The use of “willfulness” as a threshold culpability standard for (B)(i) sanctions was questioned, given that some courts define “willful” as merely intentional conduct.
(B)(ii) allowed sanctions without a showing of culpability.
JON - Why does Microsoft retain so much material, when so much of it goes unused in the litigations for which it is being preserved?
But 11 out of 12 circuits require a showing of bad faith before ordering an adverse inference sanction.

20. Proposed Rule 37(e)
Instead, the Subcommittee now recommends adoption of a Proposed Rule 37(e) which authorizes the issuance, in Subsections (1) and (2) of “measures” to “cure” the loss of information or its prejudicial impact without requiring any showing of culpable intent.
“a party failed to preserve [electronically stored information] that should have been preserved in the anticipation or conduct of litigation.” This “preservation obligation [is] recognized by many court decisions” and the rule “does not attempt to create a new duty to preserve.”
It would appear, however, that a finding that a party “should have” preserved implies a finding of some degree of fault on the part of the party whose conduct is being challenged. It may also require some showing of prejudice, or, “something to be cured,” in the case of curative measures.
JON - Why does Microsoft retain so much material, when so much of it goes unused in the litigations for which it is being preserved?
But 11 out of 12 circuits require a showing of bad faith before ordering an adverse inference sanction.

21. Implications: What Might the New 37(e) Rule Mean?
Deletion of old, non-relevant ESI, according to policy, will not be culpable conduct
IMPLICATIONS
Have a POLICY to delete as much as possible
Follow the policy
Be able to PROVE that you followed the policy
Delete if you can, preserve if you must
Cures will be granted upon proof of prejudice; spoliation damages possible, but rare
Be able to identify when and if there is destruction OUTSIDE of policy
Proactively monitor for this, and prevent it
Transparent processes may substantially assist in nullifying prejudice arguments
JON - Why does Microsoft retain so much material, when so much of it goes unused in the litigations for which it is being preserved?
But 11 out of 12 circuits require a showing of bad faith before ordering an adverse inference sanction.

22. The Imperative for Information Governance: EU vs. Google

23. European Union “Right to be Forgotten” Ruling
13 May, 2014, Non-appealable, Effective Immediately
EU individuals now have the right to redact results on searches of their names
Elimination of links to information that is wrong, out-of- date or merely unflattering
This affects ANY company that indexes or aggregates information on EU residents and ANY company that provides chat rooms or discussion services or review sites
The ruling stated that the individual's fundamental rights override "the economic interest of the operator of the search engine but also the interest of the general public"
JON - Why does Microsoft retain so much material, when so much of it goes unused in the litigations for which it is being preserved?
But 11 out of 12 circuits require a showing of bad faith before ordering an adverse inference sanction.

24. Implications of the EU Ruling
Upon request, companies holding data on users must delete that data, unless can prove a “legitimate” reason for retention
Who are you? How do I know you are you? How do I prove that you are you later?
What is being deleted? Is it incorrect, or merely unflattering?
Is it in the public’s best interest to keep it? If so, who decides?
If you are a data steward, how do you prove that you complied?
If you do not comply, what relief or remedy will be provided?
JON - Why does Microsoft retain so much material, when so much of it goes unused in the litigations for which it is being preserved?
But 11 out of 12 circuits require a showing of bad faith before ordering an adverse inference sanction.

25. Implications of the EU Ruling on IG Needs
What this ruling might mean to Information Governance in Organizations
Have immediate, comprehensive, accurate access to all records, including log files, etc., which might contribute to a user’s “profile”
Have a mechanism for verifying every person’s identity, in real time
Have a mechanism for finding, evaluation, staging, and then deleting relevant data, upon request
Have a mechanism for proving compliance with the request
JON - Why does Microsoft retain so much material, when so much of it goes unused in the litigations for which it is being preserved?
But 11 out of 12 circuits require a showing of bad faith before ordering an adverse inference sanction.

26. The Imperative for Information Governance: A New Approach from HP

27. The Information Governance Challenge
9/14/2018
Proactive Information Governance: Drivers
The Information Governance Challenge
EXPLOSION OF
DATA
DATA EVERYWHERE
REAL-TIME ACCESS
INCREASED REQUIREMENTS
Data doubling every months
New, unstructured data types to manage
Storage growth is outpacing IT budget
Mobile, virtual, cloud joins physical
Mobile endpoints are unprotected
67% of users have three or more computing platforms
Always-on applications and users
Users have high up-time expectations
Business continuity moves to forefront
Escalating industry and government regulations
Litigation increasingly involving ESI
Internal information needs
Too much data to govern effectively

28. Proactive Information Governance: Introduction
Proactive Information Governance is the use of governance principles at the beginning of data’s life cycle, rather than the end
Historically, documents put under control once they were published
This idiom was followed into the early years of the computer era
As IT advanced, more and more of a “document’s” lifecycle fell outside of governance
This lead to dramatically higher risks, lack of visibility, and much lower returns on information
In the “Big Data” era, these old ways of doing things are no longer inefficient, they are fatal

29. Proactive Information Governance: Why Now?
Governance of information has never been more crucial
With Big Data, Mobility, Cloudification, Thingification and Socialfication, data *IS* the value chain!
It is not enough to merely have the data, it must be put to work
In order to survive, let alone thrive, companies must monetize their data as rapidly as possible. If not you, who?
Governance allows you to put data to work while minimizing legal, regulatory, security and operational risk
Governance turns data into knowledge and knowledge into power

30. Proactive Governance: A Framework for Success
Centralized control, automation, distributed repositories are keys to success

31. Summary: The New Approach to Information GovernanceHP
Others
Difference
In-Place
My-Place
Support heterogeneous environments, incremental deployment
Colloquial
Prescriptive
Manage “At Request” rather than “At Rest”
context and content aware
Transparent
Pervasive
Centralized, automated control provides defensibility and consistency
Data Management:
Data Control:
Enforcement:
HP’s solutions are future-friendly, user-friendly and leverage existing investments
JON - Why does Microsoft retain so much material, when so much of it goes unused in the litigations for which it is being preserved?
But 11 out of 12 circuits require a showing of bad faith before ordering an adverse inference sanction.

32. Dark Data Rationalization at HPIT
122 business critical application databases
836 unique archive jobs
57+ billion rows archived
48% reduction in tier 1 data footprint
37% reduction in duration of full backup to tape
89% acceleration of business queries
Fully integrated with HP Records Manager to drive defensible disposition

33. Thank You!
Twitter: @csurdak M:
If you’d like to learn more, check out “Data Crush”, from AMACOM Publishing