3. 26% have undiscriminating
policies on deletion of all emails,
23% keep everything just in case
and 31% have no policies or non-
enforced policies. The remainder
either manually or automatically
declare important emails as
records and delete the others.
9. eDiscovery in Canada
The Pension Committee of the
University of Montreal Pension
Plan, et al. v. Banc of America
Securities LLC
Canada played its own small part
in one of the seminal rulings on
spoliation in 2010
17. Compound Growth
of
Data
IDC Enterprise Disk Storage Consumption Model report released Oct 25, 2008 Slide 17
19. The Impact of Disposition
61.7% CAGR predicted for unstructured data
IDC Enterprise Disk Storage Consumption Model report released Oct 25, 2008
Slide 19
20. The Impact of Disposition
61.7% CAGR predicted for unstructured data
IDC Enterprise Disk Storage Consumption Model report released Oct 25, 2008
Slide 20
21. The Impact of Disposition
61.7% CAGR predicted for unstructured data
IDC Enterprise Disk Storage Consumption Model report released Oct 25, 2008
Slide 21
22. The Impact of Disposition
61.7% CAGR predicted for unstructured data
IDC Enterprise Disk Storage Consumption Model report released Oct 25, 2008
Slide 22
36. eDiscovery in the Enterprise
Use the Archive to Apply In-Place Litigation Holds
Disposition of ESI must be suspended until all litigation holds are removed
Search-based application of Litigation Hold
Not All Content Lives in the Archive
Search & Collection of content at risk in disparate Enterprise Sources is required
Interface with content on Litigation Hold in the Archive
Reduce the Volume of Content Sent for Review to Reduce Costs
Cull on collect
Cull content on hold prior to export
Deduplicate and Process Content to further reduce costs
Slide 36
37. Potential Cost Savings in eDiscovery
Information
Management
Enterprise
Content o Defensibly reduce
the universe of
1 TB Preservation content in the
Enterprise
500 GB Collection through
disposition using
Search Categorized
300 GB RM
and Culled
De-Dupe, o Reduce
200 GB Near De-Dupe eDiscovery and
storage costs
75 GB Reviewed
15 GB Produced
Slide 37
38. Potential Cost Savings in eDiscovery
Information
Management o Broad
Enterprise preservation in
Content Archive can
1 TB Preservation reduce risk of
sanctions and
500 GB Collection adverse inference
o Archived content
Search Categorized
300 GB can be preserved
and Culled
at little to no cost
De-Dupe,
200 GB Near De-Dupe o Preservation of
uncontrolled
75 GB Reviewed content based on
only relevant
information
15 GB Produced
Slide 38
39. Potential Cost Savings in
eDiscovery
Information
Management
Enterprise
Content o Reduce or
eliminate manual
1 TB Preservation collection
o Reduce burden
500 GB Collection
on IT
Search Categorized o Reduce
300 GB
and Culled dependency on
De-Dupe, service providers
200 GB Near De-Dupe o Collect only
75 GB Reviewed relevant
information
15 GB Produced
40. Potential Cost Savings in
eDiscovery
Information
Management
Enterprise
Content o Use specialized
search and
1 TB Preservation
reporting
capabilities to
500 GB Collection
analyze and
Search Categorized understand
300 GB content
and Culled
De-Dupe, o Defensibly further
200 GB Near De-Dupe reduce the
content to be
75 GB Reviewed
sent for review
15 GB Produced
Slide 40
41. Potential Cost Savings in
eDiscovery
Information
Management
Enterprise o Eliminate
Content duplicate
documents while
1 TB Preservation maintaining chain
of custody
500 GB Collection
o Reduce the
Search Categorized volume of
300 GB
and Culled documents sent
De-Dupe, for review
200 GB Near De-Dupe o Ensure
75 GB Reviewed documents are
only reviewed
once
15 GB Produced
Slide 41
42. Potential Cost Savings in
eDiscovery
Information
Management o Reduce or
Enterprise eliminate
Content processing costs
1 TB Preservation o Review is the
single greatest
500 GB Collection cost associated to
eDiscovery -
Search Categorized
300 GB accounting for up
and Culled
to 80% of cost
De-Dupe,
200 GB Near De-Dupe o Insourcing some
review and
75 GB Reviewed develop strategic
vendor
relationships
15 GB Produced
Slide 42
Legal Department budgets are shrinking (see CFO) and in-sourcing eDiscovery activities is a way for the Legal Department to do more with lessPressure at the CEO level to reduce the risk of huge costs and risks, including reputational riskLegal budget is the biggest source of uncontrolled operational spendInitially, Legal was forced to rely on expensive outside vendors (and many still do)More recently, the burden of collection and legal hold has been transferred to ITIT generally bears the greatest burden in responding to eDiscovery requestsThey are typically responsible for collection and preservation at the request of the legal departmenteDiscovery is an activity that is not part of the regular duties and planning cycles for IT
JBGain Control of information growth through archiving and disposition - Discuss the requirement to classify what is a business record and what is transitoryIn-source eDiscovery activities to reduce costs - Defensibly Perform Litigation Holds to reduce risk of court fines and sanctions
Now we can gain the benefits of archiving for a large volume of previously unmanagerd content
Now we can gain the benefits of archiving for a large volume of previously unmanagerd content
get rid of risk content, reduce storage costs AND most importantly reduce the amount of content that needs to be looked at for eDiscovery
Only thing worse than having no policy if having policy that nobody follow
get rid of risk content, reduce storage costs AND most importantly reduce the amount of content that needs to be looked at for eDiscovery
Open Text Solutions Reduce the amount of content that has to be review by:1 - Reducing the over all amount of content in the enterprise through consistent application of RM/IM retention and disposition - this is the basis of Proactive eDiscovery2 - Search oriented Preservation and Collection - Targeted preservation and collection through Federated Search as opposed to whole-sale preservation and collection of information through imaging to hard drives, files shares, etc. 3 - Ability to deduplicate email, attachments, etc.
Open Text Solutions Reduce the amount of content that has to be review by:1 - Reducing the over all amount of content in the enterprise through consistent application of RM/IM retention and disposition - this is the basis of Proactive eDiscovery2 - Search oriented Preservation and Collection - Targeted preservation and collection through Federated Search as opposed to whole-sale preservation and collection of information through imaging to hard drives, files shares, etc. 3 - Ability to deduplicate email, attachments, etc.
Open Text Solutions Reduce the amount of content that has to be review by:1 - Reducing the over all amount of content in the enterprise through consistent application of RM/IM retention and disposition - this is the basis of Proactive eDiscovery2 - Search oriented Preservation and Collection - Targeted preservation and collection through Federated Search as opposed to whole-sale preservation and collection of information through imaging to hard drives, files shares, etc. 3 - Ability to deduplicate email, attachments, etc.
Open Text Solutions Reduce the amount of content that has to be review by:1 - Reducing the over all amount of content in the enterprise through consistent application of RM/IM retention and disposition - this is the basis of Proactive eDiscovery2 - Search oriented Preservation and Collection - Targeted preservation and collection through Federated Search as opposed to whole-sale preservation and collection of information through imaging to hard drives, files shares, etc. 3 - Ability to deduplicate email, attachments, etc.
Open Text Solutions Reduce the amount of content that has to be review by:1 - Reducing the over all amount of content in the enterprise through consistent application of RM/IM retention and disposition - this is the basis of Proactive eDiscovery2 - Search oriented Preservation and Collection - Targeted preservation and collection through Federated Search as opposed to whole-sale preservation and collection of information through imaging to hard drives, files shares, etc. 3 - Ability to deduplicate email, attachments, etc.
Open Text Solutions Reduce the amount of content that has to be review by:1 - Reducing the over all amount of content in the enterprise through consistent application of RM/IM retention and disposition - this is the basis of Proactive eDiscovery2 - Search oriented Preservation and Collection - Targeted preservation and collection through Federated Search as opposed to whole-sale preservation and collection of information through imaging to hard drives, files shares, etc. 3 - Ability to deduplicate email, attachments, etc.
As usual, companies beginthe process by determining the risk and poff-setting the cost saving benefitsRisk: Risk is often the biggest concern when a company considers in-sourcing. Many corporations feel that in-sourcing could increase their liability and risk of sanctions because if something goes wrong, they are more responsible. The reality, of course, is that if something goes wrong the corporation often bears much of the liability even if e-discovery is out-sourced. Are there people in-house with an ability to stay current with legal developments and new and emerging technologies?The risk of not doing it - the reliance on outside vendors who essentially are working on a business model that does not necessarily incent them to reduce the volume of content flowing through the eDiscovery process
As usual, companies beginthe process by determining the risk and poff-setting the cost saving benefitsRisk: Risk is often the biggest concern when a company considers in-sourcing. Many corporations feel that in-sourcing could increase their liability and risk of sanctions because if something goes wrong, they are more responsible. The reality, of course, is that if something goes wrong the corporation often bears much of the liability even if e-discovery is out-sourced. Are there people in-house with an ability to stay current with legal developments and new and emerging technologies?The risk of not doing it - the reliance on outside vendors who essentially are working on a business model that does not necessarily incent them to reduce the volume of content flowing through the eDiscovery process