Behind The Firewall In-House E Disco Final
-
Upload
j-david-morris -
Category
Technology
-
view
819 -
download
0
description
Transcript of Behind The Firewall In-House E Disco Final
Behind the Firewall – Why Organizations are Deploying
eDiscovery Solutions In-House
J. David Morris, EMC – Information Intelligence Group
Information by 2020: The Big Picture
35 ZBThere will be lots of it
Generated by individuals >70%
Digital information requiringsecurity beyond baseline levels
30–50%
Digital information created annually that will either live in or pass through the cloud
>1/3
Growth factor for number of files, images, records, and other digital information containers
67
Information
Source: “The Digital Universe Decade: Are You Ready?”, EMC-sponsored IDC White Paper, May 2010
Consequences of not managing information? SEVERE
Sources
Format
Electronic Content
Cross-borderSpeed
Volume
Information by 2020: The Big Picture
10xincreased coststo outsource
$1.5Maverage costper incident
$34Maverage annuallegal costs
89%of companiesface litigation
$18M+cost to review1 TB of info
The eDiscovery Cost
Factoid: The average Fortune 500 company has 147 concurrent lawsuits. Gartner
Zubulake vs UBS Warburg Part VThe court concluded that the defendant deliberately acted in destroying relevant information and failing to follow the instructions and demonstrate care on preserving and recovering key documents. The defendant, arguing undue burden and expense, requested the court to shift the cost of production to the
LITIGATION LACK OF PRIVACY SANCTION: Default Judgment
Court Awards 8 Million Dollar Default Judgment Against HyundaiMultinational businesses sued in US beware. Ignoring litigation obligations can have serious financial consequences. The Supreme Court of Washington upheld a $ 8 million dollar default judgment against Hyundai imposed as a discovery sanction.
Lender throws private documents in dumpsterAmong the revelations about First Magnus Financial Corp was that it wasn’t quite as technologically advanced as had been billed. Most of its borrowers’ records were still on paper, as Floridians learned when thousands of loan documents were discovered in boxes in an unlocked trash Dumpster in Fort Lauderdale.
eDiscovery Cost, the Nightmare!
Fulbright &Jaworski
67% of eDiscovery Cases Awarded Sanctions in 1H2010
(31 Cases Requested Sanctions; 21 Cases Awarded Sanctions)
Source: DIGITAL DISCOVERY & E-EVIDENCE REPORT ISSN 1941-3882
0%
10%
20%
30%
40%
50%
60%
70%
5%10% 10% 14%
19%
67%
Farrah Pepper, et. al. Gibson & Dunn
Traditional Model 1
Original ESI
Duplicate copy of ESI Sent to Outside Counsel for Review
Agents
Traditional Model 2
Original ESI
Centralized archive Outside Counsel for Review
Archive
Traditional Models
1. Over Collect ESI & Send Volumes of ESI outside the corporation
2. Significant cost to replicate storage, esp., as ESI trends into the 10s of Terabytes
3. Manual type process is challenging to replicate 4. Review costs high due to lack of culling5. Loss of control of Confidential and Intellectual
Property
Desktops, Remote Offices, and Laptops
Custodian ESI
TargetLegal Hold
Legal Hold or Legal Store orPreservation Store
CollectCopy/MoveLegal Store
In-place Legal HoldE-mail
Servers
FileShares Backup
Archives
E-mailArchives
DocumentRepositories
Platform within the Firewall
ESIIdentification & Collection SourceOne Records
Manager
Celerra or Centera with FLR
Documentum with Records Management
eDiscovery Behind the Firewall
Internet
Outside Counsel Review via VPN
ESI Source Data
Collected DataCOLLECTION AND CULLING SOFTWARE
Cull-downDeduplicate
AutomatedTargeted
Collected Documents+Metadata+Verification Report+Search Query Report
Index-lessForensicallySound
LITIGATION SUPPORT OR IT
Laptops andDesktops
FileServers
E-mailServers
E-mailArchives
PST/NSFFiles
Document Management Repositories
USB Drives
Legal Store
eDiscovery Behind the Firewall
Early Case AssessmentFirst Pass Review
Output to Outside CounselCulling
Platform within the Firewall
1. High performance (Bandwidth, CPU and Repository/Storage Access)
2. Culling reduces ESI volume – Saves analysis and review expense
3. Delivers ESI control to In-House Counsel 4. Delivers a ECA & First Pass Review capability5. Reduces Production volume and mitigates risks
eDiscovery Behind the Firewall: Top Five Reasons
1. Gain insight into Corporate ESI• What do we have?• What do we do with it?• How to create policies and procedures to handle differing Info types?
2. Gain control of what and how much ESI leaves the corporation• Data Leakage• Risk Mitigation – Privileged, Confidential, Relevant and Non-Relevant • Increase time to data• Reduce dependence on or reduce Third party review costs• Implement Legal Hold
3. Gain understanding of Risk and create Legal Strategy for a specific Litigation• Who knew what when….• Is there a “Smoking Gun” or ESI Vindication document
4. Increase responsiveness and capabilities to reduce frivolous law suits• Stop procedural focused cases• Reduce time to solution
5. Reduce litigation cost• Identification, PreCulling, Collection, Analysis, Review, and Production• Attorney and outside counsel time investment
Q&A
J. David Morris, eDiscovery - EMC Information Intelligence Group (IIG)[email protected]/discover