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Electronic Data Discovery
1. Symantec Archiving & eDiscovery
Delivering Intelligent eDiscovery
Tom Kennedy
Director, Clearwell Public Sector Team
Symantec Archiving & eDiscovery 1
2. Agenda
1 Why is E-Discovery Relevant?
2 The Bigger Picture: Information Governance
3 Federal Case Studies
4 All E-Discovery is not the same (Demo)
Symantec & Clearwell Better Together 2
3. Growth In E-Discovery Driven By Growth In
Electronically Stored Information (ESI)
“The amount of digital information increases tenfold every five years”
Source: The Economist, February 27th 2010
5. eDiscovery Sanctions are Increasing
Sanctions at an
all-time high:
up 271% since 2005
Damages awarded
were as high as
$8.8 million
Most common
misconduct was the
failure to preserve
Counsel sanctions have
steadily increased since
2004
6. But There’s A Catch: Information Overload
Large volumes of ESI exist, but…
…how can I zoom into the tiny fraction of
information that’s relevant?
7. E-Discovery Has Become A Business Process
Investigations
OIG Legal HR Compliance
by Congress
Investigations Civil and People issues, Information
into fraud & criminal court inappropriate requests, FOIA requests
abuse proceedings use subpoenas
Electronically Stored Information (ESI)
Email Servers Archives Desktops File Servers SharePoint Cloud Social Media
8. Symantec Provides the Platform for this Business
Process
Forensics/
Legal HR Audit Compliance
Security
Symantec provides the
eDiscovery platform for
enterprises, governments,
and law firms.
Electronically Stored Information (ESI)
Email Servers Archive Desktops File Servers SharePoint Cloud
Symantec Archiving & eDiscovery 8
9. The Typical eDiscovery Process is Disjointed & Risky
● Manual - Emails &
Spreadsheets
● Linear Review
● Review and
Produce to
Outside Counsel
● Data Collection
● Ship to Outside
Counsel, or ● Process,
● Ship to Vendor de-duplicate and
blind keyword
filtering
Symantec Archiving and eDiscovery 9
10. Clearwell Provides a Repeatable & Defensible Process
Preservation Identification Pre- Analysis Review &
Legal Hold & Collection Processing Processing Production
● Automated Legal ● Network Based ● Predictable Costs & ● Early Analysis & ● Faster & More
Hold Collections Timelines Easy Filtering Accurate Review
Lit Hold Templates Data Mapping Case Evaluation Early Case Assessment Intelligent Review
Survey Templates Custodian Interviews Auto- Filters Transparent Search Strategic Advantage
Symantec Archiving and eDiscovery 10
12. Agenda
1 Why is E-Discovery Relevant?
2 The Bigger Picture: Information Governance
3 Federal Case Studies
4 All E-Discovery is not the same (Demo)
Symantec & Clearwell Better Together 12
13. Information Governance Survey Results
How much do you associate each of the following activities with the concept
of information governance?
– Email/Records retention (82%)
– Data storage (82%)
– Data security & privacy (80%)
– Compliance (78%)
– eDiscovery (74%)
How associated with information governance are each of the following
departments within your organization?
– Legal (75%)
– Compliance (75%)
– Records Management (71%)
– IT (68%)
– Other (55%)
13
14. Single Solution for the Entire eDiscovery Lifecycle
Lifecycle Reporting & Case Management
Classification
Journaling, & Identification Processing & Review &
& Retention Legal Hold
Archiving & Collection ECA Production
Management
Symantec Archiving & eDiscovery 14
15. An integrated approach to information governance
Classify information Common Search backups Identify potential Classify files for Use technology
for retention, policies for and archive, custodians for use in eDiscovery assisted review
supervisory review, attorney-client and apply legal eDiscovery based collection results for
and discovery privileged holds at the on file usage data future data
information to file-level for classification
prevent data eDiscovery
loss and for
retention
Symantec & Clearwell Better Together 15
17. Start Archiving and eDiscovery as Soon as One Day
On Premise Cloud Hosted
Symantec Archiving & eDiscovery 17
18. Agenda
1 Why is E-Discovery Relevant?
2 The Bigger Picture: Information Governance
3 Federal Case Studies
4 All E-Discovery is not the same (Demo)
Symantec & Clearwell Better Together 18
19. Thank You To Clearwell’s Public Sector Customers
20. Case Study: US Government Department
Workflow
• Agency Profile:
– 100,000+ employees
– 16,000+ FOIA requests each year
– Growing backlog of unresolved requests
Process Review and Produce and
Collect Data Search
Request Redact Close
Receive request Visibility into data Deduplicate data Perform redaction Multiple
volume for cost of personally production options
Process and assign estimation Perform targeted
to FOIA analyst keyword searches identifiable including redacted
Collect from information TIFF/PDF
Determine if Exchange, Single search
delinquent on interface for over Capture exemption Treatment of
OpenText archive, codes metadata
FOIA request SharePoint 400 file types
payments including PST/NSF Generate an index
Filter to only email that can be used
relevant as a Vaughn index
information
Streamlining the FOIA Process 20
21. Case Study: US Government Department
Results
Average Search Time
Per FOIA Request
2 hours 41 minutes
Before
Clearwell
Average Efficiency Gain
with Clearwell
1 hour 2 minutes
61 percent
After
Clearwell
Hours 1 2
Streamlining the FOIA Process 21
22. Case Study: US Government Department
Results
• More than 50% improvement in time to complete a FOIA
response
• Reduced FOIA backlog by 80%
2006 2007 2008 2009 2010
Streamlining the FOIA Process 22
23. Case Study: Federal Civilian Agency
Identification Early Case Review &
Pre-Processing Processing
& Collection Assessment Production
79,683,872 Docs 79,683,872 Docs
(7.9 TB) (7.9 TB)
Cost Savings on a Single
Case with Clearwell
Data processed
8,338,070 Docs
(833 GB = 89% Cull)
$2,112,425
$ 179,694
(92% Reduction)
Processing Cost Processing Cost
without Clearwell with Clearwell
$2,345,000 $187,425
24. Streamline to Meet Court and Regulatory
Deadlines
eDiscovery Case Timeline
10 Days
Traditional
Process Scramble to Track legal Analyze
Collect Review
ID data holds docs
broadly linearly
sources manually individually
“Symantec has clearly made the existing resources more efficient in
1.5 Days performing their work and enabled them to handle more than we
have a right to ask of them. With Symantec my team is significantly
more productive than it was before.”
Automated
Process with
Symantec
Days 2 4 Deadline 6 8 10
Symantec Archiving & eDiscovery 24
25. Agenda
1 Why is E-Discovery Relevant?
2 The Bigger Picture: Information Governance
3 Federal Case Studies
4 All E-Discovery is not the same (Demo)
Symantec & Clearwell Better Together 25
26. Not all E-Discovery is the same
• EDRM in a box---all phases in single application
• Advanced Search capabilities—Transparent Keyword and
Concept Search
• Advanced Analytics--- Filtering and Discussion Analysis
• Find Similar and Find Different
• Full Tagging and Redaction capabilities
• Full portability---hundreds of ingestion and export/production
options
Presentation Identifier Goes Here 26
27. Why Federal Agencies Use Clearwell
1. Combines Risk Reduction with compelling cost savings
2. Ease of Use and Intuitive Interface
3. Market Leader in the Federal Space
4. Visionary with workflow-based Intelligent Review and ECA
5. Defensibility and chain of custody
6. FOIA and Congressional Inquiry applications
7. Single Application for Entire E-Discovery Lifecycle
29. For more information…
VISIT OUR BLOG
www.clearwellsystems.com/e-
discovery-blog
eDISCOVERY PRODUCTS AND SOLUTIONS
www.clearwellsystems.com/electronic-discovery-
Products/index.php
29
Notes de l'éditeur
Purpose of Slide: Where is the pain being felt for organizations? What is the risk? What are these sanctions based on? Speaker: sanctions – everything from the complete dismissal of claims to monetary fines, spoliation inferences, evidence preclusion, witness preclusion, disallowance of certain defenses, reduced burden of proof, removal of jury challenges, limiting closing statements and supplemental discovery. Judges typically have wide latitude to sanction offending parties, either under their inherent authority to manage cases or under FRCP 37 (in Federal court cases). The severity of the spoliation penalty often is linked to the culpability of the conduct with intentional acts (not surprisingly) faring worse than merely negligent or reckless conduct.
As enterprise, government agencies, and law firm develop and define their processes and procedures for handling e-discovery they are looking for one application to support this business process. Symantec is becoming the de facto standard application for in-house e-discovery.Not only does Symantec provide one solutionthat supports the entire archiving and e-discovery workflow, but it provides one application for managing all e-discovery cases across a corporation. Because of this, Legal, IT, HR, Audit, and Compliance teams will all manage their respective e-discovery cases in Clearwell, providing visibility and collaboration across departments.Are any of these business drivers of more importance to you? Do you have any estimates on the average number of cases a year, or average case size? I know it can vary, but is litigation the biggest pain point above? (try to uncover as much pain here to setup the demo)
Before we get to the demo, I want to briefly describe how our customers leverage Symantec to support their entire eDiscovery workflow, form start to finish.Let me walk you through a typical scenario of how customers are using our product and we would love to get your feedback. As I mentioned, Symantecprovides single application for the Entire eDiscovery Lifecycle, from information management through review and production. The first step in eDiscovery is establishing an effective information management strategy. Our customers proactively address this area to ensure they have rapid access to critical data: this is called litigation readiness in the legal world, but its just as important in compliance and investigations. They use Enterprise Vault to archive all their critical data sources in addition to journaling key custodians, which means, when a case hits, they know exactly where to go to get the data they need. Then they will automatically classify data using Enterprise Vault’s Data Classification capabilities. They will also create appropriate retention management policies so they can expire data according to policy and delete confidently. This not only reduces storage costs, but it reduces legal risk down the road.Next, once a case hits, your legal team would use Clearwell to create and notify all of their custodians on their duty to preserve, with a survey that asks them questions about the case, the whereabouts of potentially relevant data, and other custodians involved. Then using that information and knowledge of where data resides in your organization, IT uses Clearwell to collect from a variety of custodians. They use the interactive data map to target specific custodians and data sources and then perform a targeted data collection and store the collected data in a specified repository. Clearwell provides the ability to take keywords provided by legal or IT and perform targeted keyword based collections, which reduces downstream e-discovery costs. After collection, our customers perform pre-processing where they de-NIST their data, and filter by custodian, date range, and file type prior to processing to reduce data volumes. They audit their collections and perform “gap” analysis using our analytics. They also use statistics generated in this phase to predict downstream e-discovery costs and timeline. Then our customers will de-duplicate and process the data at rates of 1TB a day, which allows them to get access to the case facts immediately. The volume of data is reduced during each stage, but our customers find the most dramatic data reduction typically and users during the search, cull-down, and ECA phase. Here they’re filtering by domain, senders & recipients, language, etc. and performing interactive and defensible searches.Next our customers take their responsive documents, and, with the click of a mouse, switch to a full, totally optimized review module featuring an integrated Native Viewer so they don’t have to load any applications on their workstations. This is where they review, tag, and redact their documents and push them towards production, either in native, pdf, or TIFF formats. If there are productions from opposing counsel or third parties, they will import those as well to consolidate all case data in one application for review. Then, they’ll export or produce the data for the court or opposing counsel. Finally, One key advantage of Clearwell is that it provides detailed reporting at every stage of the process and flexible case managements capabilities. General counsel has a single dashboard to track the status of all cases in the organization, across all phases of eDiscovery. By performing this entire workflow with Symantec’s integratede-discovery solution, our customers can easily iterate between phases based on changes in keywords, date, range, or custodians for example, at any stage. This provides more visibility and control of data, eliminates the need to export data manually between tools, reduces the cost and time of the e-discovery, and provides greater defensibility.
Here are some examples of how organizations can improve information governance by combining common classification technology and our leading products:Classify information for retention, supervisory review, and discoveryApply common policies to attorney-client privileged information for data loss and retentionSearch backups and archive, hold in place at the file-level for eDiscoveryIdentify potential custodians for eDiscovery based on file usage dataApply classification to files for use in eDiscovery collectionUse technology assisted review results for future data classification
Start managing information and eDiscovery in as little as one day on-premise or in the cloudStart archiving communication data sources in minutes with Enterprise Vault.cloud. Symantec Enterprise Vault uses a convenient wizard-driven installation that allows for self deployment.Legal users and investigators are immediately productive and able to conduct legal hold notification, search, analysis and review with little to no trainingA seamless end-user experience that is non-disruptive to business activity during archiving and collectionFlexible deployment options with rapid implementation on-premise software, hosted, or in the cloudNote on Clearwell in the cloud: Clearwell does not currently have a public cloud deployment option like vault.cloud, however Clearwell can be deployed onsite, virtual appliance (private cloud).
Symantec also enables corporations to streamline their eDiscovery process making resources more efficient and saving significant time per case. Rather than scrambling to identify the various data sources, tracking legal holds manually in a spreadsheet, collecting broadly, analyzing documents individually, and reviewing in a slow and linear manner, our customers are using Symantec to:Centrally manage and index repository to easily search and access documents pertinent to eDiscoveryPerform rapid targeted collection across all essential data sourcesConduct collection, processing, analysis, review and production in one application, eliminating time consuming movement of data between toolsAnd,Accelerate early case assessment from weeks to hours using advanced search and analytics to quickly understand case factsIn fact, Jonathan Chow, CISO at NBC Universal, shared some of their metrics with us that he’s used internally to show the value of Clearwell. For an investigation on 150GB of data, it used to take NBC 10 days to process all the data and find the documents they were looking for.Since implementing Clearwell, they are able to process the data, analyze the documents, and identify all critical evidence in under 2 days, leading to a time savings, fro his team, of 8.5 days per case. He jokes that his staff actually spends time with their families now because of Clearwell .