Symantec 2011 Information Retention and eDiscovery Survey Global Key Findings
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Transcript of Symantec 2011 Information Retention and eDiscovery Survey Global Key Findings
Information Retention and eDiscovery Survey
Global Data
Methodology
• Survey performed by Applied Research
• 2,000 organizations worldwide
• Enterprises (1,000+ employees)
• IT management and Legal
• Cross-industry
2
Key Findings
• There is more to eDiscovery than email
• Wide variations in information retention practices
• Companies employing best practices fare dramatically better
• Despite risks, organizations still not prepared
There is More to eDiscovery than Email
• Focusing your eDiscovery efforts on email is no longer enough
• Documents requested more frequently than email:
– Files and documents
– Database or application data
• New media starting to appear
– Instant messaging and text
– Social media
Top Tier Have Better Information Protection Practices
• 81% more likely to have a formal retention plan
• 63% more likely to automate legal holds
• 50% more likely to use a formal archiving tool
• 36% more likely to have policy prohibiting end-user archives
• 33% less likely to perform legal holds in backup system
Better Practices Drive Dramatically Better Outcomes
• 64% faster response to eDiscovery requests
• 2.3 times higher success rate for eDiscovery requests, leading to less issues:
– 78% less likely to be sanctioned by the courts
– 47% less likely to lead to compromised legal position
– 20% less likely to have fines levied
• 45% less likely to disclose too much information leading to compromised litigation position
Despite Risks, Organizations Still Not Prepared
• Nearly half do not have an information retention plan
• 30% are only discussing and 14 % have no plans
• When ask why:
– 41% don’t see a need
– 38% feel it is too costly
– 27% have not chartered anyone with the responsibility
– 26% don’t have time
– 21% lack expertise
Recommendations• Create and implement a records and information management (RIM) program
• Periodically delete electronically storied information (ESI) according to your RIM program
• Use backup solution for recovery and archiving technology for discovery to limit exposure to costly restoration in the event of litigation
• Conduct litigation readiness exercises to determine exposure areas and formulate a prioritized remediation plan
• Deploy advanced legal hold processes and solutions to minimize the risk of non-compliance
• Prepare for eDiscovery and governmental inquires by casting a wider ESI net, including social media, cloud data, instant messaging and structured data systems
9
AppendixAll questions included
10
Demographics
11
33%
33%
34%
0% 5% 10% 15% 20% 25% 30% 35% 40%
1,000 to 2,499
2,500 to 4,999 (medium enterprise)
5,000 or more (large enterprise)
Q2: How many employees does your organization have in all locations worldwide?
12
14%
10%
10%
9%
8%
6%
6%
6%
6%
6%
6%
5%
3%
2%
1%
1%
1%
1%
0%
0% 2% 4% 6% 8% 10% 12% 14% 16%
Finance and Insurance
Information Technology and Communications
Manufacturing
Wholesale and Retail
Construction
Education, Learning and Support
Energy
Government
Medical, Health Care and Welfare
Transport and freight service (cover such as Airline/railway industry)
Other
Scientific research, professional and technical services
Internet
Real estate and goods rental and leasing
Advertisement
Eating and drinking services, accommodations
Legal
Living-related and personal services and amusement services
Media
Q3: What is your organization's primary industry?
13
29%
26%
26%
19%
0% 5% 10% 15% 20% 25% 30% 35%
C-level or business owner
Management role in IT, primarily focused on strategic issues
Management role in IT, primarily focused on tactical/operational issues
Management role focused primarily on cyber security
Q4: What is your primary role?
14
1%
2%
1%
24%
6%
1%
5%
10%
25%
10%
3%
3%
9%
0% 5% 10% 15% 20% 25% 30%
President
Owner
Partner
CIO
CTO
CISO
Vice President or Senior Vice President in a computing area
Director in a computing area
Manager of Information Systems or Computer Systems
Systems analyst
Systems architect
Systems designer
Other
Q5: What is your title?
15
30 or less (Millennial)22%
31 to 49 (Gen-X)70%
50 or older (Boomer)8%
What is your age?
16
Male81%
Female19%
Q7: What is your gender?
17
12.34
10
0
2
4
6
8
10
12
14
Mean Median
Q8: How many years have you been working in computer systems and technology?
18
2%
3%
3%
5%
8%
17%
18%
16%
15%
7%
6%
0% 5% 10% 15% 20%
Less than $500,000
$500,000 to $2,000,000
$2,000,000 to $7,500,000
$7,500,000 to $30,000,000
$30,000,000 to $100,000,000
$100,000,000 to $500,000,000
$500,000,000 to $1,500,000,000
$1,500,000,000 to $5,000,000,000
$5,000,000,000 to $25,000,000,000
$25,000,000,000 to $100,000,000,000
More than $100,000,000,000
Q9: What are your company's annual revenues?
19
1%
6%
5%
11%
32%
30%
8%
4%
1%
2%
0% 5% 10% 15% 20% 25% 30% 35%
Declining 25% per year or greater
Declining at between 10 to 24% per year
Declining at between 1 to 9% per year
Flat: Neither growing nor declining
Growing at between 1 to 9% per year
Growing at between 10 to 24% per year
Growing at 25 to 49% per year
Growing at 50 to 99% per year
Growing at 100% per year or more
Decline to state
Q10: Characterize your company's year-over-year annual growth rate in terms of annual revenue:
20
Overall Storage QuestionsIT Department
21
232,326.1
2,0000
50,000
100,000
150,000
200,000
250,000
Mean Median
Q184: How many email users are there in your business?
22
33%
13%
11%
11%
7%
7%
6%
5%
5%
4%
0% 5% 10% 15% 20% 25% 30% 35%
Email Archiving
Email Security
Email Encryption
Data Loss Prevention
ERP
Web Security Instant Messaging
DRM
Email Continuity
HR Management
Q185: Which applications have you moved or are you considering moving to the cloud?
23
1,278,339.9
2000
200,000
400,000
600,000
800,000
1,000,000
1,200,000
1,400,000
Mean Median
Terabytes
Q186: What is the total storage capacity of all of your organization's data centers combined worldwide?
24
27%
20%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Mean Median
Q187: What is your estimated growth of storage over the next 12 months?
25
BackupIT Department
26
40%
35%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Mean Median
Q188: What percentage of your backups has infinite retention?
27
43%39%40% 40%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Legal holds Infinite retention for other reasons
Q189: What percentage of your backup storage used for infinite retention is dedicated to each of the following?
Mean
Median
28
Yes75%
No25%
Q190: Are you routinely performing legal holds in your backup environment?
29
33%30%30%
25%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Is possibly not needed for business or shouldn't be kept in a backup.
You actually shouldn't have due to litigation risk.
Q191: What percentage of your backup data is data that:
Mean
Median
30
ArchivingIT Department
31
6% 9% 10% 9% 11%
38%42% 42% 44%
45%
56%49% 48% 47% 44%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Moving files off primary storage to another hard
disk for long-term storage
Providing tools to facilitate the recovery of archived
information for eDiscovery requests
Active management of the archived information
Storage optimization Quality end-user experience
Q192: Which of the following features are needed for an archiving system to be complete?
1 - Not required, not necessary 2 - Optional, but nice to have 3 - Required
32
5%
17%
36%
35%
8%
0% 5% 10% 15% 20% 25% 30% 35% 40%
We don't archive this kind of information
We archive manually
We use software designed specifically for archiving
We use our backup software
No corporate standard, employees manage their own archiving
Q193a: What do you use for archiving information in your organization?
(Email)
33
7%
15%
32%
40%
6%
0% 5% 10% 15% 20% 25% 30% 35% 40% 45%
We don't archive this kind of information
We archive manually
We use software designed specifically for archiving
We use our backup software
No corporate standard, employees manage their own archiving
Q193b: What do you use for archiving information in your organization?(SharePoint)
34
3%
14%
34%
42%
8%
0% 5% 10% 15% 20% 25% 30% 35% 40% 45%
We don't archive this kind of information
We archive manually
We use software designed specifically for archiving
We use our backup software
No corporate standard, employees manage their own archiving
Q193c: What do you use for archiving information in your organization?
(Files and Documents)
35
3%
12%
36%
42%
7%
0% 5% 10% 15% 20% 25% 30% 35% 40% 45%
We don't archive this kind of information
We archive manually
We use software designed specifically for archiving
We use our backup software
No corporate standard, employees manage their own archiving
Q193d: What do you use for archiving information in your organization?
(Database or Application Data)
36
17%
14%
29%
28%
13%
0% 5% 10% 15% 20% 25% 30% 35%
We don't archive this kind of information
We archive manually
We use software designed specifically for archiving
We use our backup software
No corporate standard, employees manage their own archiving
Q193e: What do you use for archiving information in your organization?
(Instant Messenger, SMS Text and PIN-to-PIN)
37
22%
12%
25%
28%
13%
0% 5% 10% 15% 20% 25% 30%
We don't archive this kind of information
We archive manually
We use software designed specifically for archiving
We use our backup software
No corporate standard, employees manage their own archiving
Q193f: What do you use for archiving information in your organization?(Social Media)
38
5%
11%
15%
11%
21%
15%
12%
11%
0% 5% 10% 15% 20% 25%
0 to 3 months
3 months to 1 year
1 to 2 years
2 to 3 years
3 to 5 years
Indefinitely
Varies based upon user group
Varies based on content
Q194a: How long do you retain content in your archiving system?(Email)
39
5%
10%
12%
15%
19%
13%
14%
12%
0% 2% 4% 6% 8% 10% 12% 14% 16% 18% 20%
0 to 3 months
3 months to 1 year
1 to 2 years
2 to 3 years
3 to 5 years
Indefinitely
Varies based upon user group
Varies based on content
Q194b: How long do you retain content in your archiving system?(SharePoint)
40
3%
7%
10%
12%
21%
18%
17%
13%
0% 5% 10% 15% 20% 25%
0 to 3 months
3 months to 1 year
1 to 2 years
2 to 3 years
3 to 5 years
Indefinitely
Varies based upon user group
Varies based on content
Q194c: How long do you retain content in your archiving system?(Files and Documents)
41
3%
7%
9%
11%
20%
20%
18%
12%
0% 5% 10% 15% 20% 25%
0 to 3 months
3 months to 1 year
1 to 2 years
2 to 3 years
3 to 5 years
Indefinitely
Varies based upon user group
Varies based on content
Q194d: How long do you retain content in your archiving system?(Database or Application Data)
42
7%
13%
15%
14%
17%
10%
13%
12%
0% 2% 4% 6% 8% 10% 12% 14% 16% 18%
0 to 3 months
3 months to 1 year
1 to 2 years
2 to 3 years
3 to 5 years
Indefinitely
Varies based upon user group
Varies based on content
Q194e: How long do you retain content in your archiving system?(Instant Messenger, SMS Text, or PIN-to-PIN)
43
8%
11%
14%
15%
17%
10%
13%
12%
0% 2% 4% 6% 8% 10% 12% 14% 16% 18%
0 to 3 months
3 months to 1 year
1 to 2 years
2 to 3 years
3 to 5 years
Indefinitely
Varies based upon user group
Varies based on content
Q194f: How long do you retain content in your archiving system?(Social Media)
44
17%
34%
32%
18%
0% 5% 10% 15% 20% 25% 30% 35% 40%
We don't have a policy
We have a policy that allows it
We have a policy that partially restricts it
We have a policy that prohibits it
Q195: What is your policy around end users creating their own archives?
45
10%
27%
23%
31%
9%
0% 5% 10% 15% 20% 25% 30% 35%
Never
Rarely
Not uncommon
Frequently
All the time
Q196: Any policies notwithstanding, how often do your users informally archive electronic information?
46
eDiscoveryIT Department
47
71%
50%
42%
39%
38%
36%
0% 10% 20% 30% 40% 50% 60% 70% 80%
Image the entire mailbox, directory, database, etc.
We have an automated archiving system that handles this
Preserve an entire backup set
We have enterprise search and collection tools
We ask the end user not to delete items
We ask the end user to copy files to new location
Q197a: How do you implement a legal hold on email?(Mark all that apply.)
48
48%
43%
40%
35%
35%
33%
0% 5% 10% 15% 20% 25% 30% 35% 40% 45% 50%
Preserve an entire backup set
We have enterprise search and collection tools
We have an automated archiving system that handles this
We ask the end user to copy files to new location
We ask the end user not to delete items
Image the entire mailbox, directory, database, etc.
Q197b: How do you implement a legal hold on SharePoint?(Mark all that apply.)
49
54%
52%
51%
46%
45%
42%
0% 10% 20% 30% 40% 50% 60%
We have an automated archiving system that handles this
Preserve an entire backup set
We ask the end user not to delete items
We have enterprise search and collection tools
We ask the end user to copy files to new location
Image the entire mailbox, directory, database, etc.
Q197c: How do you implement a legal hold on files and documents?
(Mark all that apply.)
50
27%
25%
24%
21%
19%
19%
0% 5% 10% 15% 20% 25% 30%
We have enterprise search and collection tools
We ask the end user to copy files to new location
We ask the end user not to delete items
We have an automated archiving system that handles this
Image the entire mailbox, directory, database, etc.
Preserve an entire backup set
Q197d: How do you implement a legal hold on social media?(Mark all that apply.)
51
Yes79%
No21%
Q198: Do you believe that a proper information retention strategy/policy should allow you to delete information?
52
29.6
9
0
5
10
15
20
25
30
35
Mean Median
Q199: How many days does it take you to give your lawyers information they need to make an early case assessment?
53
Information RetentionIT Department
54
9%
13%
25%
35%
17%
0% 5% 10% 15% 20% 25% 30% 35% 40%
Extremely unsure
Somewhat unsure
Neutral
Somewhat confident
Extremely confident
Q200: How would you rate your preparedness to responding to a legal, compliance or regulatory request for electronically stored
information?
55
63.5
40
10
20
30
40
50
60
70
Mean Median
Q201: How many times in the past year has your company had to respond to a legal, compliance or regulatory request for
electronically stored information?
56
2% 3% 4% 6%12%
17%7% 9%
13% 13%
16%15%
24%27%
25%30%
28%27%
40%38% 33%
33%27% 24%
27% 23% 25%18% 17% 17%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Files and documents Database or application data
Email SharePoint Instant Messenger, SMS Text and PIN-to-
PIN blackberry devices
Social media
Q202: How frequently are the following documents requested in conjunction with a legal, compliance or regulatory request for
electronically stored information?
1 - Never 2 - Rarely 3 - Neutral 4 - Often 5 - Almost always
57
67%
61%
58%
51%
44%
41%
0% 10% 20% 30% 40% 50% 60% 70% 80%
Files and documents
Database or application data
SharePoint
Instant Messenger, SMS Text and PIN-to-PIN blackberry devices
Social media
Q202: How frequently are the following documents requested in conjunction with a legal, compliance or regulatory request for
electronically stored information?(Often/Almost always)
58
9%
12%
17%
19%
28%
32%
0% 5% 10% 15% 20% 25% 30% 35%
Files and documents
Database or application data
SharePoint
Instant Messenger, SMS Text and PIN-to-PIN blackberry devices
Social media
Q202: How frequently are the following documents requested in conjunction with a legal, compliance or regulatory request for
electronically stored information?(Never/Rarely)
59
39%
30%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Mean Median
Q203: What percentage of the time do you go to your backup infrastructure to comply with a legal, compliance or regulatory
request for electronically stored information?
60
66.3
12
0
10
20
30
40
50
60
70
Mean Median
Hours
Q204: On average, how much IT staff time does it take if they have to go to your backup infrastructure to comply with a legal, compliance or regulatory request for electronically stored
information?
61
79.4
60
10
20
30
40
50
60
70
80
90
Mean Median
Q205: How many times per year do you estimate you need to go to your backup infrastructure to comply with a legal, compliance or
regulatory request for electronically stored information?
62
Success RatioIT Department
63
15%
14%
25%
47%
0% 5% 10% 15% 20% 25% 30% 35% 40% 45% 50%
Completely fail to fulfill the request
Partially fail to fulfill the request
Successfully fulfill the request, but more slowly than the requestor would like
Successfully fulfill the request in a timeframe that is acceptable to the requestor
Q206: When asked to respond to a legal, compliance or regulatory request for electronically stored information, what percentage of the
time do you do each of the following?(Means shown)
64
10%
10%
25%
35%
0% 5% 10% 15% 20% 25% 30% 35% 40%
Completely fail to fulfill the request
Partially fail to fulfill the request
Successfully fulfill the request, but more slowly than the requestor would like
Successfully fulfill the request in a timeframe that is acceptable to the requestor
Q206: When asked to respond to a legal, compliance or regulatory request for electronically stored information, what percentage of the
time do you do each of the following?(Medians shown)
65
42%
41%
38%
28%
26%
25%
0% 5% 10% 15% 20% 25% 30% 35% 40% 45%
Damage to Enterprise reputation or embarrassment
Fines
Compromised legal position
Sanctions by courts
Hampered our ability to make decisions in a timely fashion
Raised our profile as a potential litigation target
Q207: In those cases where you were either late, partially or completely unsuccessful, which of the following consequences did
you experience as a result?
66
29%25% 25%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Primary storage Backup storage Archive storage
Q208: What percentage of your deletions is made without considering your retention policies?
(Means shown)
67
25% 25%
20%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Primary storage Backup storage Archive storage
Q208: What percentage of your deletions is made without considering your retention policies?
(Medians shown)
68
14%
30%
24%
32%
0% 5% 10% 15% 20% 25% 30% 35%
We don't have one and no plans to create one
We are in the discussion/planning phase
We are currently putting our plan into operation
We have a plan in place
Q209: What is the status of your formal retention plan?
69
1% 1% 1%4% 2%
7%
29%
23%
34%
40%
42%
35%
26%32%
23%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Compliance or legal personnel IT End users
Q210: How well does each of these constituents understand your enterprise information retention plan?
1 - No understanding at all 2 - Poor 3 - Average 4 - Very good 5 - Excellent
70
66%
74%
58%
0% 10% 20% 30% 40% 50% 60% 70% 80%
Compliance or legal personnel
IT
End users
Q210: How well does each of these constituents understand your enterprise information retention plan?(Very good/Excellent understanding)
71
5%
3%
8%
0% 5% 10% 15%
Compliance or legal personnel
IT
End users
Q210: How well does each of these constituents understand your enterprise information retention plan?
(Poor/No understanding)
72
1% 1% 1%2% 2% 5%
27% 24%
34%
42%41%
37%
28%32%
24%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Compliance or legal personnel IT End users
Q211: How well do each of these constituents comply with your enterprise information management plan?
1 - They don't comply at all 2 - Poor 3 - Average 4 - Very good 5 - Excellent
73
70%
73%
60%
0% 10% 20% 30% 40% 50% 60% 70% 80%
Compliance or legal personnel
IT
End users
Q211: How well do each of these constituents comply with your enterprise information retention plan?
(Very good/Excellent compliance)
74
3%
3%
6%
0% 1% 2% 3% 4% 5% 6% 7%
Compliance or legal personnel
IT
End users
Q211: How well do each of these constituents comply with your enterprise information retention plan?
(Poor/No compliance)
75
41%
38%
27%
26%
21%
0% 5% 10% 15% 20% 25% 30% 35% 40% 45%
We don't see a need for it
Cost
Nobody is chartered with that responsibility
We don’t have time
We lack the expertise to build such a plan
Q212: Why don't you have, nor plan to create, an information retention plan?
(Mark all that apply.)
76
DemographicsLegal Department
77
30 or less (Millenial)16%
31 to 49 (Gen-X)77%
50 or older (Boomer)7%
L5: What is your age?
78
Male82%
Female18%
L6: What is your gender?
79
12.99
12.0
0
2
4
6
8
10
12
14
Mean Median
L7: For how many years have you been working in or with the computer systems and technology industry?
80
15%
56%
18%
8%
3%
0% 10% 20% 30% 40% 50% 60%
Corporate attorney
Legal liaison to IT
Legal project manager
General counsel
Paralegal
L10: What is your job title?
81
50%
53%
57%
58%
50%
47%
43%
42%
0% 10% 20% 30% 40% 50% 60% 70%
Legal holds of electronic information
Retention policies for electronic information
Internal review for early case assessment
eDiscovery
L11: What is your level of knowledge in terms of day-to-day operations in each of the following areas?
Excellent
Good
82
Information RetentionLegal Department
83
12%
7%
15%
40%
27%
0% 5% 10% 15% 20% 25% 30% 35% 40% 45%
Extremely unsure
Somewhat unsure
Neutral
Somewhat confident
Extremely confident
L12: How would you rate your company's preparedness to responding to a legal, compliance or regulatory request for
electronically stored information?
84
81.78
5.0
0
10
20
30
40
50
60
70
80
90
Mean Median
L13: How many times in the past year has your company had to respond to a legal, compliance or regulatory request for
electronically stored information?
85
5%
31%
25%
28%
12%
0% 5% 10% 15% 20% 25% 30% 35%
Not at all
Very little
Neutral
A lot
Completely
L14: How much do you rely on outside counsel when responding to such requests to respond to a legal, compliance or regulatory
request for electronically stored information?
86
58%
20%
12%
10%
0% 10% 20% 30% 40% 50% 60% 70%
Successfully fulfill the request, timeframe acceptable to requestor
Successfully fulfill the request, slower than requestor would like
Partially fail to fulfill the request
Completely fail to fulfill the request
L15: When asked to respond to a legal, compliance or regulatory request for electronically stored information, what percentage of the
time do you do each of the following?(Means shown)
87
60%
20%
10%
4%
0% 10% 20% 30% 40% 50% 60% 70%
Successfully fulfill the request, timeframe acceptable to requestor
Successfully fulfill the request, slower than requestor would like
Partially fail to fulfill the request
Completely fail to fulfill the request
L15: When asked to respond to a legal, compliance or regulatory request for electronically stored information, what percentage of the
time do you do each of the following?(Medians shown)
88
23%
22%
20%
13%
12%
10%
0% 5% 10% 15% 20% 25%
Fines
Compromised legal position
Damage to Enterprise reputation or embarrassment
Hampered ability to make decisions in a timely fashion
Sanctions by courts
Raised our profile as a potential litigation target
L16: In those cases where you were either late, partially or completely unsuccessful, which of the following consequences did
you experience as a result?
89
6%
36%
26%
32%
0% 5% 10% 15% 20% 25% 30% 35% 40%
No plan, no plans to create one
Discussion/Planning phase
Currently implementing
Already implemented
L17: What is the status of your formal information retention plan?
90
1% 1% 1%3% 3%
6%
24%19%
30%
39%
39%
36%
33%40%
27%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Compliance or legal personnel IT End users
L18: How well does each of these constituents understand your enterprise information retention plan?
1 - No understanding 2 - Poor 3 - Average 4 - Very good 5 - Excellent
91
72%
78%
63%
0% 10% 20% 30% 40% 50% 60% 70% 80% 90%
Compliance or legal personnel
IT
End users
L18: How well does each of these constituents understand your enterprise information retention plan?(Very good/Excellent understanding)
92
4%
3%
7%
0% 5% 10% 15%
Compliance or legal personnel
IT
End users
L18: How well does each of these constituents understand your enterprise information retention plan?
(No/Poor understanding)
93
90%
90%
78%
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Compliance or legal personnel
IT
End users
L19: Have you provided training on your enterprise information retention plan to each of these constituents?
94
1% 0% 1%2% 2%6%
23%19%
29%
43%
41%
39%
31%38%
26%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Compliance or legal personnel IT End users
L20: How well do each of these constituents comply with your enterprise information management plan?
1 - Don't comply 2 - Poor 3 - Average 4 - Very good 5 - Excellent
95
74%
78%
64%
0% 10% 20% 30% 40% 50% 60% 70% 80% 90%
Compliance or legal personnel
IT
End users
L20: How well do each of these constituents comply with your enterprise information management plan?
(Very good/Excellent compliance)
96
3%
3%
7%
0% 5% 10% 15%
Compliance or legal personnel
IT
End users
L20: How well do each of these constituents comply with your enterprise information management plan?
(No/ Poor compliance)
97
46%
36%
32%
26%
19%
0% 5% 10% 15% 20% 25% 30% 35% 40% 45% 50%
Cost
We don't see a need for it
Nobody is chartered with that responsibility
We lack the expertise to build such a plan
We don't have time
L21: Why don't you have any plans to implement a formal information retention plan?
(Mark all that apply.)
98
eDiscoveryLegal Department
99
69%
45%
44%
37%
34%
31%
30%
30%
0% 10% 20% 30% 40% 50% 60% 70% 80%
Ask IT to image the entire mailbox, directory, database, etc.
IT uses automated archiving system to handle this
Ask IT to preserve entire backup set
Enterprise search and collection tool
Ask end user not to delete items
Hybrid model of some automated lit hold and some user independent
Solely rely on self-collection
Ask end user to copy files to new location
L22a: When you are implementing a legal hold, what actions do you take?
(Email)
100
51%
40%
39%
36%
34%
34%
34%
27%
0% 10% 20% 30% 40% 50% 60%
Ask IT to preserve entire backup set
Enterprise search and collection tool
IT uses automated archiving system to handle this
Ask IT to image the entire mailbox, directory, database, etc.
Hybrid model of some automated lit hold and some user independent
Ask end user to copy files to new location
Ask end user not to delete items
Solely rely on self-collection
L22b: When you are implementing a legal hold, what actions do you take?
(SharePoint)
101
51%
50%
43%
42%
41%
38%
33%
30%
0% 10% 20% 30% 40% 50% 60%
IT uses automated archiving system to handle this
Ask IT to preserve entire backup set
Enterprise search and collection tool
Ask end user not to delete items
Ask IT to image the entire mailbox, directory, database, etc.
Ask end user to copy files to new location
Hybrid model of some automated lit hold and some user independent
Solely rely on self-collection
L22c: When you are implementing a legal hold, what actions do you take?
(Files and Documents)
102
34%
27%
26%
25%
24%
24%
23%
23%
0% 5% 10% 15% 20% 25% 30% 35% 40%
Enterprise search and collection tool
Solely rely on self-collection
Ask IT to image the entire mailbox, directory, database, etc.
Ask end user not to delete items
Ask end user to copy files to new location
Hybrid model of some automated lit hold and some user independent
Ask IT to preserve entire backup set
IT uses automated archiving system to handle this
L22d: When you are implementing a legal hold, what actions do you take?
(Social Media)
103
Yes61%
No39%
L23: Are you aware of anyone within your organization that has been deposed around information management practices and
technology?
104
Yes66%
No34%
L24: Have you identified an individual responsible for depositions concerning information management practices and technology?
105
34%
26%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Mean Median
L25: What percentage of information that is placed on legal hold is not specifically relevant for that litigation?
106
63%
57%
50%
32%
16%
0% 10% 20% 30% 40% 50% 60% 70%
Increased collection, review, and analysis time
Increased collection, review, and analysis costs
Risk that sensitive information may be disclosed
Compromised litigation position
Information unintentionally made available for potential future litigation
L26: What consequences have flowed from preserving more than you needed to?
(Mark all that apply.)
107
Yes85%
No15%
L27: Do you believe that proper information retention strategy/policy should allow you to delete information?
108
16.35
8.0
0
2
4
6
8
10
12
14
16
18
Mean Median
L28: How many days does it take IT to give the legal department information you need to make an early case assessment?
109
80%
58%
54%
50%
47%
45%
41%
37%
37%
33%
32%
22%
20%
0% 10% 20% 30% 40% 50% 60% 70% 80% 90%
Emails
Databases
Word processing documents
System or file backups
Spreadsheets
SharePoint content
Internet browser histories
Instant messaging histories
Contents of individual hard drives
Digital photographs
Digital audio files
Social media
Digital video files
L29: Which of the following forms of Electronically Stored Information (ESI) do you most commonly need to search for
information relevant to a legal matter?
110
37%
51%
10%
3%
0% 10% 20% 30% 40% 50% 60%
It's critical to my everyday work
It's important, but dependent on the matter
It's neither important nor unimportant
It has little impact on my everyday work
L30: How would you describe the importance of ESI in the legal matters you deal with?
111
32%
25%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Mean Median
L31: In your experience, by what magintude has the amount of ESI relevant to your legal matters grown in the last five years?
112
89%
82%
79%
78%
76%
76%
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Requests for information from external regulators
Requests for information concerning litigation matters
To track internal compliance
Requests for information relating to financial transactions/due diligence
Requests for information relating to criminal investigations
Human resources investigations
L32: Does your organization make use of ESI in the following scenarios?
113
Yes83%
No17%
L33: Do you and/or your team have the right skills and resources to gather and analyze ESI to be considered in the scenarios outlined
above effectively?
114
58%
49%
42%
41%
30%
20%
0% 10% 20% 30% 40% 50% 60% 70%
The volume of ESI to be searched
Insufficient time permitted to investigate ESI thoroughly
Data supplied in obsolete or propietary file formats
Insufficient people to investigate ESI thoroughly
Processing multimedia data
Lack of technology with intelligent and/or keyword search capabilities
L34: Which of the following do you find are the greatest challenges when identifying which ESI might be relevant to a legal matter?
(Mark all that apply.)
115
26%
22%
14%
8%
30%
0% 5% 10% 15% 20% 25% 30% 35%
Yes, within the past 3 months
Yes, within the past 6 months
Yes, within the past year
Yes, within the past 2 years
No
L35: Has a matter in which you have been involved ever been impacted, delayed or resulted in sanctions because of issues
relating to ESI?
116
32%
26%
19%
10%
14%
0% 5% 10% 15% 20% 25% 30% 35%
Yes, within the past 3 months
Yes, within the past 6 months
Yes, within the past year
Yes, within the past 2 years
No
L36: Have you ever been successful in a matter because of ESI identified and collected during an investigation that was later
submitted as evidence?
117
35%
16%
11%
7%
6%
5%
5%
5%
4%
3%
2%
1%
1%
0% 5% 10% 15% 20% 25% 30% 35% 40%
Emails
Database
System or file backups
Word processing documents
Spreadsheets
Internet browser histories
Instant messaging histories
SharePoint content
The contents of individual hard drives
Digital photographs
Digital audio files
Digital video files
Social media
L37: Which form of ESI do you believe would be most useful to you and/or your team when searching for information relevant to a legal
matter?
118
39%
31%
17%
13%
0% 5% 10% 15% 20% 25% 30% 35% 40% 45%
Better regulatory framework for dealing with ESI at a national level
Greater consistency of legislation relating to ESI at an international level
Greater standardization of technology
Improvements to search technology used to identify, preserve and process ESI
L38: What do you believe would alleviate the present challenges relating to ESI?