Behind the Firewall – Why Organizations are Deploying

eDiscovery Solutions In-House

J. David Morris, EMC – Information Intelligence Group

Information by 2020: The Big Picture

35 ZBThere will be lots of it

Generated by individuals >70%

Digital information requiringsecurity beyond baseline levels

30–50%

Digital information created annually that will either live in or pass through the cloud

>1/3

Growth factor for number of files, images, records, and other digital information containers

67

Information

Source: “The Digital Universe Decade: Are You Ready?”, EMC-sponsored IDC White Paper, May 2010

Consequences of not managing information? SEVERE

Sources

Format

Electronic Content

Cross-borderSpeed

Volume

Information by 2020: The Big Picture

10xincreased coststo outsource

$1.5Maverage costper incident

$34Maverage annuallegal costs

89%of companiesface litigation

$18M+cost to review1 TB of info

The eDiscovery Cost

Factoid: The average Fortune 500 company has 147 concurrent lawsuits. Gartner

Zubulake vs UBS Warburg Part VThe court concluded that the defendant deliberately acted in destroying relevant information and failing to follow the instructions and demonstrate care on preserving and recovering key documents. The defendant, arguing undue burden and expense, requested the court to shift the cost of production to the

LITIGATION LACK OF PRIVACY SANCTION: Default Judgment

Court Awards 8 Million Dollar Default Judgment Against HyundaiMultinational businesses sued in US beware. Ignoring litigation obligations can have serious financial consequences. The Supreme Court of Washington upheld a $ 8 million dollar default judgment against Hyundai imposed as a discovery sanction.

Lender throws private documents in dumpsterAmong the revelations about First Magnus Financial Corp was that it wasn’t quite as technologically advanced as had been billed. Most of its borrowers’ records were still on paper, as Floridians learned when thousands of loan documents were discovered in boxes in an unlocked trash Dumpster in Fort Lauderdale.

eDiscovery Cost, the Nightmare!

Fulbright &Jaworski

67% of eDiscovery Cases Awarded Sanctions in 1H2010

(31 Cases Requested Sanctions; 21 Cases Awarded Sanctions)

Source: DIGITAL DISCOVERY & E-EVIDENCE REPORT ISSN 1941-3882

0%

10%

20%

30%

40%

50%

60%

70%

5%10% 10% 14%

19%

67%

Farrah Pepper, et. al. Gibson & Dunn

Traditional Model 1

Original ESI

Duplicate copy of ESI Sent to Outside Counsel for Review

Agents

Traditional Model 2

Original ESI

Centralized archive Outside Counsel for Review

Archive

Traditional Models

1. Over Collect ESI & Send Volumes of ESI outside the corporation

2. Significant cost to replicate storage, esp., as ESI trends into the 10s of Terabytes

3. Manual type process is challenging to replicate 4. Review costs high due to lack of culling5. Loss of control of Confidential and Intellectual

Property

Desktops, Remote Offices, and Laptops

Custodian ESI

TargetLegal Hold

Legal Hold or Legal Store orPreservation Store

CollectCopy/MoveLegal Store

In-place Legal HoldE-mail

Servers

FileShares Backup

Archives

E-mailArchives

DocumentRepositories

Platform within the Firewall

ESIIdentification & Collection SourceOne Records

Manager

Celerra or Centera with FLR

Documentum with Records Management

eDiscovery Behind the Firewall

Internet

Outside Counsel Review via VPN

ESI Source Data

Collected DataCOLLECTION AND CULLING SOFTWARE

Cull-downDeduplicate

AutomatedTargeted

Collected Documents+Metadata+Verification Report+Search Query Report

Index-lessForensicallySound

LITIGATION SUPPORT OR IT

Laptops andDesktops

FileServers

E-mailServers

E-mailArchives

PST/NSFFiles

Document Management Repositories

USB Drives

Legal Store

eDiscovery Behind the Firewall

Early Case AssessmentFirst Pass Review

Output to Outside CounselCulling

Platform within the Firewall

1. High performance (Bandwidth, CPU and Repository/Storage Access)

2. Culling reduces ESI volume – Saves analysis and review expense

3. Delivers ESI control to In-House Counsel 4. Delivers a ECA & First Pass Review capability5. Reduces Production volume and mitigates risks

eDiscovery Behind the Firewall: Top Five Reasons

1. Gain insight into Corporate ESI• What do we have?• What do we do with it?• How to create policies and procedures to handle differing Info types?

2. Gain control of what and how much ESI leaves the corporation• Data Leakage• Risk Mitigation – Privileged, Confidential, Relevant and Non-Relevant • Increase time to data• Reduce dependence on or reduce Third party review costs• Implement Legal Hold

3. Gain understanding of Risk and create Legal Strategy for a specific Litigation• Who knew what when….• Is there a “Smoking Gun” or ESI Vindication document

4. Increase responsiveness and capabilities to reduce frivolous law suits• Stop procedural focused cases• Reduce time to solution

5. Reduce litigation cost• Identification, PreCulling, Collection, Analysis, Review, and Production• Attorney and outside counsel time investment

Q&A

J. David Morris, eDiscovery - EMC Information Intelligence Group (IIG)David.Morris@emc.comwww.Kazeon.com/discover