NightOwlDiscovery. EnCase Enterprise/ ediscovery Strategic Consulting Services

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1 EnCase Enterprise/ ediscovery Strategic Consulting EnCase customers now have a trusted expert advisor to meet their discovery goals. NightOwl Discovery offers complete support for the EnCase Enterprise Platform. We empower you with direct access to technical expertise that maximizes and accelerates your return on investment. The NightOwl Discovery EnCase Consulting Service coupled with our best-of-breed offering will fundamentally improve the way you manage both discovery and investigations to gain efficiencies, achieve compliance, and reduce costs. We provide immediate assistance with EnCase deployment, configuration, collections, processing and casework support. EnCase Consulting 1. EnCase Strategic Deployment, Configuration, and Customization: We ensure that EnCase Enterprise Platform and ediscovery is installed efficiently and that you are set up for success. We provide technical integration of the EnCase technology with best-of-breed discovery solutions. We focus on optimizing performance with tailored requirements to meet your specific enterprise needs. Our experts will conduct detailed analysis of current performance, desired goals, and implement changes to customize and enhance the Encase Enterprise Platform. 2. EnCase Technical Support and Consulting: For project based discovery or internal investigations that requires immediate expert assistance to get the project done correctly or if you have specific questions, we deliver the help needed when you need it! 3. EnCase Managed : Gain peace of mind and alleviate resource constraints with expert assistance, trusted best practices and proven methodology. We provide ongoing EnCase professional support for the end-to-end discovery process from identification through production. With a combination of best-of-breed discovery technology and expert service, we provide a defensible and repeatable process using the EnCase Enterprise Platform as the centerpiece. Systemized, repeatable and defensible process Maximize and accelerate your return on investment Reduce overhead operating costs Mitigate spoliation risks Minimize business disruption Ongoing EnCase expert support when you need it Offering in depth discovery strategy and the capability to execute and deliver results that lowers risk, reduce costs and optimizes performance. NightOwl Discovery EnCase Consulting are billed either hourly or fixed fee. EnCase is a registered trademark of Guidance Software For more information please contact your NightOwl Discovery Sales Executive or

2 Data Collection NightOwlDiscovery NightOwl is able to provide insight into the best practices for ensuring that all relevant data is collected in a thorough and defensible manner. The collection of electronic data begins with NightOwl consulting with clients about optimal strategy for collection of discovery data. This consultation takes place in a highly collaborative environment that typically includes in-house counsel, outside counsel, litigation support staff and IT personnel of the parties involved in the matter. It is in this environment that NightOwl is able to provide insight into the best practices for ensuring that all relevant data is collected in a thorough and defensible manner. Active Data Collection NightOwl s data collection technicians go onsite to client facilities in order to collect all of the active data that has been identified as being relevant to the matter. Active data typically resides on hard drives, servers and network file shares. These technicians possess the skills and experience to conduct the collection process efficiently and with minimal interruption to the client s business operation. Throughout the entire collection process, NightOwl establishes a defensible chain of custody to ensure the absolute confidentiality, security and integrity of client data. NightOwl has performed data collection services for Fortune 500 companies, major hospital groups, life sciences companies including pharmaceutical and medical device manufactures and financial services. Archive Data Restoration & Collection Archive data typically resides on backup tapes. Until recently, archive data was considered to be costly and burdensome to retrieve since entire backup sets needed to be fully restored in order to find even the smallest amount of relevant data. However, new tools have come on the market that simplify the process and reduce the cost of retrieving archive data. As such, courts are now more likely than ever to rule that archive data needs to be included in the discovery process. NightOwl s solution for backup tapes is powered by Index Engines, which provides the fastest and most cost-effective method for retrieving data from backup tapes. Index Engines technology expedites the data extraction process by cataloging and indexing backup tape data without the need for expensive and time-consuming full tape restorations. NightOwl can then perform complex searches against the index and extract only the files that are needed from the tape media. The result is a near 80 percent reduction in processing time and expense when compared to traditional restoration and data indexing methods. Data Collection For more information about Data Collection and other services please call or

3 Discovery Compliance Audits NightOwlDiscovery The risks associated with preservation of ESI are significant. NightOwl consultants target this in a systematic, comprehensive approach involving information gathering and gap analysis to identify and quantify the risks associated with an organization s information systems, policies, and practices. Data is gathered on policies, procedures, and practices related to information management, litigation response, and routine operational protocols via a combination of document review and interviews with representatives from legal, IT, records, compliance, and operations. Analysis identifies options available to the organization to mitigate risk, reduce costs, and provide requirements for implementation. We recommend necessary changes in policy, practice, and technologies to mitigate risk. Litigation portfolio analysis Gap analysis on current IT and records management systems, policies, and practices Preservation audits on identifying and preserving relevant ESI Compliance action plans and strategy Strategic preparation for Rule 26(f) Meet and Confer Negotiate discovery plans with confidence Mitigate risk Defensible preservation plan Defensible proportionality arguments Understand the balance between the burdens and cost of discovery against the potential benefit and value of discovery Discovery Compliance Audits For more information about Discovery Compliance Audits and other services please contact Albert Barsocchini at or

4 Data Mapping Consulting An essential first step in discovery is the identification of potential sources of relevant ESI required for disclosure according to FRCP 26(a) and the strategic development of a discovery plan in preparation for a Rule 26(f) Meet and Confer. A data topology map identifies all electronically stored information (ESI) in a legally defensible manner and identifies policies and practices associated with ESI. Having this information readily available provides you with a defensible strategic advantage when faced with litigation. NightOwl consultants will develop an action report on your organization s physical IT systems, operational protocols, policies, and practices that govern the creation, storage, archiving, and destruction of ESI. The data map begins by gathering information on business practices and systems. Through interviews with relevant personnel, review of system architecture, and document retention policies and protocols; an overall view of the enterprise policies and practices is established. Graphical depiction of the enterprise Descriptions of primary applications Descriptions of operational protocols for back up, record retention, and document management Description of ESI storage locations Strategic recommendations Be prepared for FRCP (26a) disclosure and FRCP (26f) Meet and Confer by quickly identifying all potential sources of relevant ESI subject to preservation Negotiate in confidence with opposing counsel Know what production formats are acceptable Mitigate spoliation Data Mapping Consulting For more information about Data Mapping Consulting and other services please contact Albert Barsocchini at or

5 Comprehensive Litigation Hold Support, Planning & Training Legal hold is the riskiest and sometimes the most difficult part of a company's records management program. Done properly, it will demonstrate early good faith and reasonable efforts to comply with your discovery obligations. Proactive planning among corporate counsel, outside counsel, IT, and key stakeholders ensures good faith compliance in anticipation of litigation. NightOwl consultants will help implement a robust and defensible legal hold process, including the technology to support an automated litigation hold notification process across hundreds or even thousands of potential custodians. A reasonable and good-faith plan provides counsel with the necessary leverage to negotiate a fair and reasonable scope of discovery and it allows counsel to stay focused on the merits of the case. Identify gaps in current legal hold preservation process Decide whether it is best to collect to preserve or preserve in place Create a uniform litigation hold plan Create a company wide training program Identify and implement necessary technology to manage and track litigation holds Mitigate spoliation risks Execute defensible litigation holds Minimize business disruption Negotiate with confidence Reduce costs associated with legal holds Protect and secure valuable IP Comprehensive Litigation Hold For more information about Comprehensive Litigation Hold Support and other services please contact Albert Barsocchini at or

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