How Do You Cost-Effectively Align Compliance and Litigation?

Marrying Disparate Processes on a Single Enterprise Platform

Randy Kahn, Esq.Kahn Consulting

George T. Tziahanas, Esq.

Vice President of Compliance, Autonomy Inc.

Kahn Consulting, Inc.

Autonomy Executive Webinar Series

Randolph Kahn, ESQ.

Kahn Consulting, Inc.

Navigating the perfect information storm?

3

Volume1800 exabytes of new data 2011200+ billion email per day

ValueAll kinds of business being done

More laws and regulationsLiability

Greater downsideInfo mismanagement ubiquitous

After funneling billions in investor money to Bernard Madoff over nearly two decades, Fairfield Greenwich Group is offering up its explanation to investors . . . firm supplied falsified trading documents. . . WSJ, 3/2/09

If at first you don't succeed, skydiving is not for you.

Kahn Consulting, Inc.

Employees don’t get RIM or Discovery

“I dream of a better tomorrow, where chickens can cross the road and not be questioned about their motives.”

Kahn Consulting, Inc.

Are you successful in finding needed info.?

Intelligence Agencies’ Databases to Be Linked

“… nearly five years after the intelligence community was rebuked by the 9/11 commission for failing to “connect the dots” and detect the attack…new technology is addressing a more basic problem…spies often have trouble emailing colleagues…today, an analyst’s query might scan only 5% of the total intelligence data in the U.S. government...”

Wall Street Journal, 2/22/09

"Why does Sea World have a seafood restaurant? I'm halfway through my fish burger and I realize, Oh man ... I could be eating a slow learner.”

Kahn Consulting, Inc.

Good upfront means less painful later

“…the document written by Dr. Geller doesn’t accurately reflect the company’s position in 2000. In fact, it was not Dr. Geller’s ultimate view either. It was an initial draft for discussion purposes… In response to a plaintiffs’ attorney’s question, Dr. Geller responded that the statement was an artifact of an earlier discussion document.” WSJ 2/27/2009

“If you rob a bank and your pants fall down, its OK to laugh, and its OK to let your hostages laugh too, because come on, life is funny.”

Jack Handy

Kahn Consulting, Inc.

People, Process & Technology

“…Bloomberg News reported over the weekend, Intel’s general counsel stated that e-mails for 151 employees who were to have been instructed to retain them as possible evidence in the AMD antitrust trial were lost by virtue of a single IT manager misreading a spreadsheet where the employees’ names were first distributed”

BetaNews 3/19/ 2007

“Computer glitch disrupts Boston city payroll”

A computer glitch prevented city employees from being paid this morning by direct deposit and officials are working with banks so workers are not assessed fees for insufficient funds. May 1, 2009 Boston Globe

An optimist is someone who falls off the Empire State Building and as he reaches the 50th floor, says ‘so far so good’

George T. Tziahanas, Esq.

Vice President of Compliance, Autonomy Inc.

Managing Information Risk

Meaning Based Computing

Governance Trends

• Content subject to governance requirements arising from many different channels

• Line between investigation and supervision is dissolving

• Broader application of tools enforcing policy

• End-user access

Information Governance Backdrop-Corporate

• Companies struggle to keep this exploding content aligned with

• Regulatory Policies• EU Directives, US Regulations, Foreign Jurisdictions

• Legal Policies• Litigation Hold, preservation

• Corporate Polices• Retention and disposition cycles• Records Management• Information Risk

• Autonomy IDOL uniquely applies meaning-based,

policy-driven Information Governance solutions against all sources, static and live data

Information Volume and ComplexityContinue to Increase

• Increasing Volumes and Complexity of Information

• Explosion in email content

• New media: audio, unified messaging, transactional content

• Global, Cross-Jurisdiction Enforcement Requirements

• Consolidation leading to increased global footprints

• Often contradictory requirements

• Language independent enforcement

• Increasing Proliferation of Unmanaged Data Sources

• Email stores

• Archives

• Litigation collections

• SharePoint

Cross Channel Control

Information subject to risk and control (or discovery) is based on the type of transaction, not on the channel or form.

• Examples• Policy Enrollment

• Subject to retention in all jurisdictions• Commonly executed online

• Claims • Heavily litigated, subject to retention• Many aspects of the claim cycle come though the web

channel• Advertising

• Insurance ads (web, print, email solicitation)• Professional misconduct claims, unfair lending practices

Audio Brings Context to Investigators, Regulators, and Litigators

APPROVED

Eliminate Air-GapsEliminate Air-Gaps

Connect CustodiansConnect Custodians

Manage in Place

Autonomy Digital Safe

Supervision (S6)• Policy-Based Messaging Channel Supervision

• Email, IM, Chat, Bloomberg

• Enforce regulatory obligations and corporate governance requirements

• Driven from highly scalable, compliant hosted storage platform

• Rigorous audit and security capabilities

Autonomy Digital Safe

Autonomy Digital Safe

Investigation and Analytics• Conduct high volume, complex queries on data stored in the Digital Safe

• Rapid visibility into existing archive

• Conceptual search and analytics available without moving data

• Full audit history of all searches executed across Digital Safe

• Advanced cross data analytics give insight to linkages across all data

Record Retention• Automatically classify content and retain corporate records

• Securely retain corporate records

• Apply retention to all types of content

• Disposition management with full audit trail

• Closely linked to legal hold to preserve relevant ESI

• Flexible application of retention periods

Autonomy Digital Safe

Legal Hold• Preservation of all relevant data in archive

• Secure repository for ESI collected from all sources

• Automatically stream updates of new ESI

• Hold all types of relevant content email, web content, documents, audio, video, and database archives

• Complete chain of custody from desktop to Digital Safe, and to eDiscovery solutions

Autonomy Digital Safe

Information Processing• Over 400 repository type and 1000 data types consolidated

• Effective data management

• Rich media support such as telephony, voicemail messages and video

• LiveStream verification

• Seamless pass-through of data from archiving to eDiscovery

• Lower risk of data spoliation

Autonomy Digital Safe

Thank You