To The Cloud? IT Storage Alternative, Ediscovery Tool, or Both?
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Transcript of To The Cloud? IT Storage Alternative, Ediscovery Tool, or Both?
To The Cloud? IT Storage Alternative,
E-discovery Tool, or Both?
2
Agenda
What is the Cloud?
How is the Cloud Impacting E-Discovery?
» Mitigating Cloud Concerns
» Preservation and Collection
» DIY Discovery Software: Cloud v. On Premise
The Future of E-Discovery in the Cloud
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What is the Cloud: Simple Depiction
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These platforms contain ESI potentially relevant to litigation!
Examples of cloud platforms:
• Email (Google mail)
• Word processing (Office 365)
• IT archiving (Live Office)
• General data storage (DropBox)
• Corporate platforms (SalesForce.com)
• Social Media (Facebook, LinkedIn)
• Pictures/Music (Snapfish, iTunes)
• Proprietary platforms for a specific
industry (Ontrack Inview for litigation)
Simplicity:
» Fast deployment
» Uptime commitments
» Minimal expertise requirements
Cost Savings:
» No hardware investment
» No refresh cycles
» No maintenance or upgrades costs
Flexibility:
» On-demand consumption model
» Rapid market adaptation
» Platform independence
» Ubiquitous access models
Possibility of…
» Infinite scalability and resources
» Collaboration across systems
Potential Benefits of the Cloud
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April 2011 ComputerWorld report: 57% of CIOs and storage administrators plan to adopt cloud storage.*
August 2011 Legal Technology News: “That e-discovery will live primarily in the cloud isn't a question of whether but when.” * *
Why are legal teams even talking about the
Cloud?
* Source: Mearian, Lucas. “Most IT managers plan to adopt cloud storage.” ComputerWorld, April 5, 2011.
** Source: Ball, Craig. “Cloud Cover.” Legal Technology News. August 1, 2011
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Survey: The Cloud’s Impact on E-discovery
For information governance and e-discovery, corporations and law firms plan to leave the firewall behind
Source: DIY Discovery Trends Survey, Kroll Ontrack, 2011
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Why are Legal Teams Even Talking About the
Cloud?
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When the “Cloud” means…. Legal teams should care because…
...outsourcing core IT functions (such as
email or document hosting as a corporate
business process)
The cloud replaces a previous in-house
IT function. Cloud-based IT functions
must remain:
- Compliant with regulations
- Compatible with security and privacy standards
- Litigation-ready and fully accessible
- In-step with the duty to preserve ESI
...leveraging SaaS to conduct e-
discovery in-house (in efforts to gain control
and reduce the total cost of litigation)
SaaS-based platforms are compelling
solutions to do-it-yourself e-discovery
problems, allowing:
- More control over EDRM activities
- Flexibility to manage e-discovery projects
- Litigation cost savings
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Control (not location) determines discoverability
» Control does not require legal ownership or actual physical possession of documents
» “Rather, documents are considered to be under a party's control when that party has the right, authority, or practical ability to obtain the documents from a non-party to the action.”
– Judge Peck, In re NTL, Inc. Securities Litigation, 244 F.R.D. 179 (S.D.N.Y Jan. 30, 2007).
Plan ahead to preserve and collect documents in the cloud
Understand your access rights to data in the cloud
ESI in the Cloud: Location Does Not Matter
Survey: Cloud E-Discovery
Data security and privacy top the list of cloud e-discovery concerns
Source: DIY Discovery Trends Survey, Kroll Ontrack, 2011 10
Important Cloud Provider Questions
- How and where is my data going to be stored? (ethical walls? shared spindles?)
- How will I be able to access the data?
- Do I need to keep up with software feature/function evolution?
- Who will perform the work to retrieve data from the cloud? How long will it take?
- What security protocols will be followed?
- Does the provider conduct regular third-party penetration testing?
- Will the provider track the data’s chain of custody?
- What are the data destruction policies for the cloud provider?
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Survey: In-House E-Discovery
More e-discovery is conducted in-house or in-firm than most practitioners would expect
Source: DIY Discovery Trends Survey, Kroll Ontrack, 2011 12
Survey: In-House E-Discovery
Three factors make it or break it when purchasing DIY discovery tools
Source: DIY Discovery Trends Survey, Kroll Ontrack, 2011 13
EDRM on Premise v. in the Cloud?
Benefits and Drawbacks
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Benefits:
• Full control of EDRM activities within
corporation or firm
• Data never leaves premises for security
purposes
Drawbacks:
• Corporation or firm is fully responsible for
operation of the technology and
processes
• IT and Legal staffing resources needed to
support the technology
• Technology requires a hardware footprint
that requires maintenance and ongoing
support
• Not scalable for surges up or down or
seamless to transition to outside service
provider
• Not accessible outside the firewall for
outside counsel or experts
EDRM software on
premise
Cloud/SaaS EDRM tools
EDRM on Premise v. in the Cloud?
Benefits and Drawbacks
Benefits:
• No up-front hardware investment
• No IT training or staffing for installation or maintenance
• E-discovery capacity easily scalable without additional hardware costs or IT resources
• Software provider is responsible for information security and disaster recovery considerations
Drawbacks:
• Need to fully vet platform security and processes for importing and exporting data from the platform
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EDRM software on
premise
Cloud/SaaS EDRM tools