Webinar Win In Court V3

Kazeon Confidential - DO NOT DISTRIBUTE

Winning in Court: Authenticity and Admissibility of Electronic Data


Agenda for Today

Key Challenges of eDiscovery Today Questions for Consideration Customer Requirements Overview of Kazeon Solution Q&A

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Only 20% of companies are

prepared for eDiscovery

issues

70% of Discovery

costs are in attorney review

AttorneyReview

80% of ESI resides on laptops, file

shares and email systems

DigitalProliferation

Average cost of single

eDiscovery case is $1.5M

Cost

Fines or Jail Time for

Corporate Officers

$ Millions in fines for

inadequate or incomplete

data

Challenges of eDiscovery

++

++

Sources: Taneja Group, Gartner Group, ESG, Ponemon Institute

EscalatingCosts

IncreasingScrutiny and Risk

Preparation CriminalActions

Fines


eDiscovery: Are You Prepared?

U.S. Federal Rules of Civil Procedure (FRCP) specify that electronically stored information (ESI) is discoverable– Ensures no surprises in court, everyone is prepared and each

party knows what the other has– Pretrial resolution strongly encouraged; both parties can evaluate

strength of other’s case

However…– 63% have been asked to perform legal discovery

request (increase of 57% in 1 year)– Only 47% say their “somewhat comfortable”

while 10% are not at all comfortable– Less than 20% of companies claim to be

prepared for eDiscovery Issues– Average cost of eDiscovery case is $1.5M

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FRCP 26 - Discovery

December 2006 Update– Handles discovery of electronic documents– Rules 16, 26, 33, 34, 37 and 45

26(a) Initial Discovery– Initial discovery of ESI data sources and making available to all parties

26(f) Meet and Confer / Discovery Plan– Meet and Confer Session – understand each other’s defenses, discoverable

material, develop discovery plan, seek settlement– Discovery Plan: what information each party will make available, in what form,

when and any privileged statement– Rule 16 scheduling conference; parties get organized to provide for efficient

process and facilitate settlement

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FRCP 26(f) - Timeline

Meet and Confer Session– As soon as practical after lodging suite (usually within 30-90 days)– At least 21 days before Rule 16 scheduling conference

Deliver initial disclosures to other party within 14 days of Rule 26(f) Meet and Confer session

Submit discovery plan to court within 14 days of Rule 26(f) Meet and Confer Session

Hold Rule 16 scheduling conference with 120 days of lodging suit

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Authenticity and Forensics

Historical Approach to Forensics Image copy of hard drives or data stored on servers High cost and big data management problems

– Average Cost $2,000 - $3,500 per drive– Duplication of data in down-stream review

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Experts urge caution in using Forensic Imaging for Civil Cases A “forensically sound” copy of a file preserves details

of its chain of custody while accompanying metadata A copy/move activity records information about the

file, such as when it was written, ownership, times it had been “touched”, location

Validation that it is exact copy


Advise from Experts

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http://www.thesedonaconference.org/content/miscFiles/TSC_PRINCP_2nd_ed_607.pdf

…making forensic image backups of computers is only the first step of an expensive, complex, and difficult process of data analysis that can divert litigation into side issues and satellite disputes involving the interpretation of potentially ambiguous forensic evidence

…it should not be required unless exceptional circumstances warrant the extraordinary cost and burden

…protective measures that take into account privacy rights, attorney-client privilege, and the need to separate out and ignore non-relevant information


Key Questions for Consideration

Do I know where all potentially responsive data resides and can I quickly find it?

How do I know if what is collected is complete and accurate?

How can I ensure that information is not altered to avoid spoliation?

How to cull down only relevant data and minimize legal review time and cost?

How do I ensure what I submit as responsive is authentic and how do I prove it?

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What Customers are Asking For…

Business Requirements– Efficiency

• Reduce cost with more efficient in-house data collection, analysis and preservation

– Speed of Resolution• Improve analysis and speed to

resolution with faster preservation and processing

– Downstream Savings• Create downstream savings by

sending single copy and only relevant content for legal review

– Reduced Risk• Improve ability to implement and

manage litigation holds on ESI at data source with complete and accurate results

Technical Requirements– Automation

• Reduce manual eDiscovery process with transparency to operations

– Defensible and Auditable• Defensible, repeatable and auditable process

– Control• Gain control of unmanaged and potentially

responsive data in a secured infrastructure

– Enterprise-Wide Coverage• Enterprise-wide coverage of ESI and Data Map

with single View

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Kazeon Solution for eDiscovery

Enables Corporate Legal and IT teams to:– Identify, classify, manage and preserve

information according to business value and risk

– Respond rapidly and efficiently to litigation, investigation, or compliance requirements

– Minimize cost of electronic discovery while mitigation organization risk

– Enable forensically-sound, defensible, auditable and complete discovery

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Electronic Discovery Reference Model (EDRM)

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Kazeon provides solutions for both Proactive and Reactive eDiscovery

Information Management

VOLUME

Source: EDRM.NET

Proactive eDiscovery

Identification

Preservation

Collection

Processing

Review

Analysis

Production Presentation

RELEVANCE

Reactive eDiscovery


Kazeon Proactive eDiscovery

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Information Management

VOLUME

Source: EDRM.NET

Proactive eDiscovery

Identification

Preservation

Collection

Processing

Review

Analysis

Production Presentation

RELEVANCE

Reactive eDiscovery

Information Discovery

• Visibility of all information assets

• Data map of enterprise data• Custodian maps• Federated view across

enterprise

Indexing and Classification

• Automated indexing and classification

• Auto or user-defined tagging• Classification based on risk

and value• Associated appropriate

policies (retention, legal hold, disposition, encryption)

Proactive Management

• Manage and monitor information assets

• Archive and migrate data into ECM, Email Archive and Records Mgmt

• Modify policies as appropriate

Policy Enforcement• Apply and enforce policies

(retention, disposition, etc.)• Create auditable and

defensible process

Kazeon Proactive eDiscovery


Kazeon Reactive eDiscovery

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Identification

Preservation

Collection

Processing

Review

Analysis

VOLUME

Source: EDRM.NET

RELEVANCE

Information Management Production Presentation

Proactive eDiscovery Reactive eDiscovery

Identification• Comprehensive data

maps• Custodian reports• Enterprise coverage

Targeted Collection

• Custodian,mailbox, laptop and file shrs

• Keyword, date range based collection

• Collected data copied and preserved

Preservation• In-place legal hold

and release• Legal hold on

collected data• Support for hold

repositories (Enterprise Vault, NetApp SnapLock)

In-House Processing

• Indexing collected ESI

• De-duplication, system file culling

• Exception reporting

Analysis• Early case

assessment• Email threading• Keyword, date range,

boolean search

Review• Native or text review• Document coding• Export (native format,

metadata, content hash)

Kazeon Reactive eDiscovery

Kazeon = Repeatable Business Process with Standardized Tools


Kazeon Legal Discovery Solution

As part of Kazeon’s eDiscovery portfolio, the Legal Discovery Solution automates the discovery, classification, searching, reporting and ability to take action on potentially responsive information scattered across the network

KAZEON INFORMATION ACCESS PLATFORM

TE

CH

NO

LO

GY

WO

RK

FL

OW

Search Classify Act

Scan Network, desktop, file shares, remote offices, endpoint laptops

Hundreds of file formats Create data map

Single-Step Collection from all locations

Content-based collection In-place Legal Hold or at

Target

Advanced Search Boolean, Wildcard,

fuzzy, proximity, range, boosting, grouping

Combine text & metadata attributes

Analyze summary and drilldown views

Predefined and customizable reports

Report by date, content, custodian or user defined fields

Quarantine, move, copy, protect, delete, encrypt

Export to industry standard formats

Monitor & ongoing Auditing

Legal Discovery Solution

Discover


Basic metadata or full-text scans

Automated scan/rescan for incremental updates (proactive)

“One-step” process for targeted collection (reactive)

Transparent to end users

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Discovery of ESI Sources

Proactive and Reactive discovery of ESI Sources


Discovery of ESI Sources

Supports all file systems, group shares, desktop workstations, remote laptops, email systems and document and backup archives

Minimal impact on operational performance (out-of-band)

Supports over 400 file and document formats

VPN

Automatically discovers and scans network devices for further review and analysis

Server or Appliance

Enterpr

ise

Applica

tions


Laptop/Desktop Collection

Agent-less scanning for laptops and desktops Scan profiles exclude windows binaries and

applications Checkpoint & auto-restart for efficient scanning Supports dynamic connects and disconnects Unique preview capability to view file text when

laptop is disconnected from the network

Remote Office Edition

LAN or WAN ConnectionLaptops and Desktops

Kazeon Cluster

Eliminate manual desktop collection and over-collection


How Collection Works…

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1 Discover or Target specific sources 2 Initiate “Single-Step”

Collection & designate Target

3 Refine Search Criteria for greater granularity

Source

Target

Exclude Windows Files, Directories, etc.

Data Range

Key Words

Email Sender

4 Create and View Discovery Report

Name Report

Select Columns for Summary and Detail Reports


Additional Search Capabilities

Advanced search includes:– Keyword (e.g. confidential, financial

projections, financial projections)– Phrase (e.g. “guaranteed revenue return”)– Boolean (e.g. word1 AND word2) OR (my

phrase) – word3)– Wildcard (e.g. filename: b?g)– Fuzzy (e.g. roam~.8)– Proximity (e.g. word1, word2 ~10)– Range (e.g. mtime: [01/01/2008 TO

02/22/08]– Boosting (e.g. word1^5 word2)– Fielded (e.g. owner: john smith)

Federated search and reporting for large environments

Email and user-defined templates

Advanced Search using Google-like search engine with full integration with authentication infrastructure

Federated Search and Reporting


FRCP 26(a) and 26(f)

26(a) Initial Discovery– Initial discovery of ESI data sources

and making available to all parties

26(f) Meet and Confer– understand each other’s defenses,

discoverable material, develop discovery plan, seek settlement

– Discovery Plan: what information each party will make available, in what form, when and any privileged statement

– Rule 16 scheduling conference; parties get organized to provide for efficient process and facilitate settlement

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Collection and Culling to create relevant Data Map for quick preparation in initial Discovery and preparation for Meet and Confer

Case555 - Data Map by Custodian

ESI Data Map - By Type or Group


In-House Processing

Processing of ESI to cull-down to relevant results

Auto-coding to cull-down ESI– Attorney-Client privileged documents– Personal e-mails– Company Announcements– Rule based classification and re-

classification– Document preview– Sophisticated tagging identifies

“responsive, privileged…” docs– De-duplication

Composite object break-downs– .PST files down to individual emails

and attachments

– .ZIP multiple file archives – Early Case Assessment based on

Collection– Any exceptions found during the

culling process are reported for appropriate action


Preservation

Copy culled ESI to hold repositories (Enterprise Vault, NetApp SnapLock, secured File Shares)

Removal of Duplications Preservation of Source

Hierarchy Preservation of Timestamps

(creation, access, modified times, etc)

Something about authenticity of copied data (hash values?)

After files have been culled, the next step is to take action on the results to ensure preservation of relevant data and protect against spoliation


Legal Holds

In-place Legal Hold or at Target Forensically-sound copies maintain

chain of custody Preserved file attributes, metadata,

hierarchy, revisions and timestamps Preservation of original file-path folder

structure (source) Integrates with Archive Repositories

such as Symantec Enterprise Vault Continuous protection by automatically

scanning and preserving new files


Secondary File Share

Compliant Storage

Compliance Data Reference Data (NetApp NearStore)

Enterprise Vault, NetApp SnapLock

COPY to secondary storage or to repository


Tagging Information

Customizable Tags Applied to Relevant Data;

– Responsive– Privileged– Reviewed– On Legal Hold– User-defined

Quickly identifying and tag privileged information for Meet and Confer / Discovery Plan – Privileged Statement


Tagged as: Responsive


Authenticity and Auditing

Standard Audit Reports System Auditing

– All user and system activity with information about who did what when

– User login – OS startup & shutdown, cluster

startup and shutdown, reboots, and AD configuration changes

Data Auditing – Search Query and Report – File history by Source (history of

actions on a file/email/attachment)• Who, when, what, how, from, to,

input, output• Object path, Owner, Timestamps,

Size

Full Auditing of System and Data Activity and reporting to Rules of Evidence


Content Analytics Reports

Analyze summary and drill-down views Analysis by date, content, custodian or user defined fields Export to industry standard formats (XML, CSV, PST, ZIP)

40+ standard reports or easily create custom reports


Analytics: Matter Management

Analyze by Case, Legal Exception or Type of Document Take Action directly from Search or Reports

40+ standard profiles or easily generated custom profiles

Kazeon Confidential - DO NOT DISTRIBUTE29

Review Analytics

Kazeon Confidential - DO NOT DISTRIBUTE30

Review and Production

Produce de-duplicated, culled and pre-reviewed data for further legal review Export search results to native format or CSV, download to PST or ZIP Kazeon Hold Location used by downstream legal review tool for further legal

review and production (Attenex, Summation, Concordance)

Select specific files or entire Result Set for Download to ZIP. Emails export to PST format

Export selected search / report rows to XML or CSV format


Complete Enterprise Coverage

Enterprise-wide deployment including data center, remote offices and mobile users Supports all file systems, group shares, desktop workstations, remote laptops, email

systems and document, email and backup archives Minimal impact on operational performance (out-of-band and agent-less)

ExchangeServers

EmailArchives

DocumentArchives

Encrypted Storage

File SharesBackupArchives

Desktops, Remote Offices and Laptops

PST

Enterpr

ise

Applica

tions

Remote Offices

WAN

Desktops, File Servers

Data Centers

Information Server (Software-Only or

Appliance)

No IT Personnel

IT Personnel

Mobile UsersInternet


Federated Enterprise Deployment over WAN

Enterpr

ise

Applica

tions

Regional HQData: 50+ TB

WAN

File Shares, Desktop, Laptop, Email

Corporate HQData: >100 TB

Remote OfficeData: <1 TB

WAN

Remote OfficeData: <1 TB

Kazeon Server(Software Only)

File Shares, Desktop, Laptop,

EmailFile Shares, Desktop, Laptop,

Email

Kazeon Server(Software Only)

Kazeon Cluster

Kazeon Cluster

File Shares, Desktop, Laptop, Email

Federated Enterprise Deployment

Typical Data Landscape 1 Corporate HQ: >100 TB 1-2 Regional HQ: 50+ TB Remote Offices: <1 TB Each

Deployment Summary Kazeon IS1200 Servers in

Corporate and Regional HQ Kazeon Software Deployed

and manages Remote Offices

Federated View of Information Kazeon Information Center at Corporate HQ provides single view

of enterprise-wide data Unified (federated) view of Search across clusters Unified (federated) Reporting from one interface (aggregate results

by policy rule, etc)

Information Center

Only search results are sent to Information Center reducing impact on network


Kazeon’s Portfolio for Legal Discovery

Intelligently search, classify and act on electronically stored information – complimentary to existing data protection products

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1. Kazeon Information Access Platform software Core enterprise software for file and email discovery, classification,

indexing and workflow actions

2. Kazeon Information Server Product for solving customer business challenges optimized to address

Information Security & Privacy challenges

3. Kazeon Information Center Product for creation of federation groups (groups of clusters), Unified

search and unified reports across federation groups

4. Exchange and Enterprise Vault Connectors Search and classify email from exchange Integration with Symantec Enterprise Vault


Key Capabilities and Benefits

Key Business Benefits– Identify, classify, manage and preserve

information according to business value and risk– Respond rapidly and efficiently to litigation,

investigation, or compliance requirements– Minimize cost of electronic discovery while

mitigation organization risk– Enable forensically-sound, defensible, auditable

and complete discovery

Technical Benefits– Delivers highest performance and best scalability– Broadest support of information (structured, unstructured

data with over 400 file formats)– Broadest reach and deployment options (enterprise wide

to remote offices and endpoints)– Simple and easy to deploy with lowest TCO– Unified view of entire enterprise from single console– Only solution to deliver Proactive and Reactive Legal

Discovery– Fully automated for continues eDiscovery

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Awards:


Thank You

Recipients will receive complimentary white paper: Legal Discovery and Litigation Preparedness

Recording of presentation will be posted on kazeon.com

Please complete online survey For more information or product

demonstration:– [email protected] or info@kazeon.

com– 1.877.KAZEON1– www.kazeon.com

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mailto:[email protected]

mailto:[email protected]

http://www.kazeon.com/


Thank You

Webinar Win In Court V3

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