How ediscovery Technology Can Accelerate Information Governance for Corporations

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1 Nuix Insight Paper How ediscovery Technology Can Accelerate Information Governance for Corporations With risk management and operational efficiencies becoming strategic priorities for both private and public organizations, ediscovery technology can play a critical role in accelerating your organization s information governance approach and implementation. Insight Paper

2 Insight Paper: How ediscovery Technology Can Accelerate Information Governance for Corporations Introduction Despite broad recognition that boards and executives can no longer afford to ignore their information governance responsibilities which include decision rights and an accountability framework to encourage desirable behavior in the valuation, creation, storage, use, archiving and deletion of information i the reality is that the problem is growing exponentially larger in scale each year your company fails to act. With so much unstructured data in electronic storage containers such as , SharePoint databases, file shares, social media, cloud applications and more, all in their own proprietary formats, it is already a major problem to search, analyse and review information, either to decide what to keep and what to destroy, or to identify crucial information and evidence quickly and accurately when the need arises. The costs and risks associated with poor information governance are dangerously high if events such as litigation, regulatory requests, inappropriate internal behavior or even fraud emerge. Advanced Nuix technology accelerates the information governance approach in your organisation, delivering immediate risk management and regulatory compliance improvements at minimal cost. This paper offers key strategies that can:» Improve the way your organization manages its daily risk» Speed up, simplify and automate your ediscovery» Reduce investigation and information storage costs» Simplify information collection, processing, review and investigation processes. i Gartner definition for Information Governance ediscovery technology can play a critical role in accelerating your organization s information governance approach and implementation Page 2

3 Be proactive to mitigate your risk There are many corporate risks that need to be managed and fraud remains one of the most problematic for companies around the world. The challenge for companies and their internal auditors is finding that hint of fraud in a sea of s and other data, to enable them to follow up, identify and prosecute offenders. Nuix can assist in identifying fraud through the Fraud Triangle, which in simple terms means that when a combination exists of opportunity to defraud, a rationalization that someone deserves it, and some form of either financial or non-financial pressure, fraud is more likely to occur. Nuix s speed, scale and automation make it easy for your company s auditors to quickly and thoroughly investigate any employees (in any region) identified by fraud triangle analytics. Nuix can be automated to interact with your entire communications and corporate data quickly, allowing auditors to regularly scan communications looking for overlaps in how people use, for example, significant words and phrases such as I deserve this, I have got to make quota or nobody will notice. Since all of the employees s are indexed and searchable, investigating the fraud, following communication threads, seeing who is talking to whom and how frequently, is all instantly possible. monitoring has existed for years, but now the opportunity exists for companies to proactively harness smart, automated Nuix technology to dig deeper, identify anomalies, perform sophisticated searches and escalate examples of communication which run counter to your organization s best interests. Diagram 1 In simple terms the Fraud Triangle means that when a combination exists of opportunity to defraud, a rationalization that someone deserves it, and some form of either financial or non-financial pressure, fraud is more likely to occur. See also Diagram 2. O score Opportunity Key words Override Write-off Recognize revenue Pressure / Incentive Key words Meet the deadline Make sales quota Under the gun Fraud score Rationalization Key words I think it's OK Sounds reasonable I deserve P score R score Fraud Triangle Analytics, Applying Cressey s Theory to Communications, Part 2 or 2. Fraud Magazine, July/August Page 3

4 Insight Paper: How ediscovery Technology Can Accelerate Information Governance for Corporations Simplify and speed up your ediscovery All large organizations, especially those with activities in the United States, are potentially subject to litigation and regulatory oversight and investigation. They need to be able to react quickly to these challenges and perform precise searches to find evidence fast including from permanently deleted and encrypted information amidst a mountain of electronic documents and communication. Modern ediscovery technology and processes can provide a simple and powerful way to help turn huge amounts of corporate data into actionable information. Nuix enterprise solutions enable companies to use one simple, integrated system for collection, processing, search, review and export across all of your data stores, including servers, file shares and SharePoint. This is the same tool used for corporate investigations by the world s major regulators, including the SEC (US), the FSA and SFO (UK), the EC (Europe), ASIC (Australia) and the JSEC (Japan), preferred because of its speed and scalability. The key to effective ediscovery is to be found in both the speed of processing and the ability to undertake a Rapid Investigative Review TM. By processing data at rates of 100+GB/hour with virtually unlimited scale, you will be able to quickly and iteratively execute a genuine investigation of your company s data to find the most relevant documents for practically any investigation or purpose. Depending on the size of the data set, it should take minutes, hours or days, not weeks or months. Keyword Frequency Keyword Frequency Opportunity Opp 1/1/00 1/2/00 1/3/00 1/4/00 1/5/00 1/6/00 1/7/00 1/8/00 1/9/00 1/10/00 1/11/00 Ratio 1/12/00 Rationalization 1/1/00 1/2/00 1/3/00 1/4/00 1/5/00 1/6/00 1/7/00 1/8/00 1/9/00 1/10/00 1/11/00 1/12/00 Pressure P Diagram 2 A combination of Nuix technology and fraud triangle analytics were applied in an automated fashion over the s and data of Enron employees. Two individuals were instantly identified who would warrant further investigation. Keyword Frequency /1/00 1/2/00 1/3/00 1/4/00 1/5/00 1/6/00 1/7/00 1/8/00 1/9/00 1/10/00 1/11/00 1/12/0 Modern ediscovery technology and processes can provide a simple and powerful way to help turn huge amounts of corporate data into actionable information Page 4

5 Make operational and process improvements ortunity nalization 1/1/01 1/2/01 1/3/01 1/4/01 1/5/01 1/6/01 1/7/01 1/8/01 1/9/01 1/10/01 1/11/01 1/12/01 1/1/01 1/2/01 1/3/01 1/4/01 1/5/01 1/6/01 1/7/01 1/8/01 1/9/01 1/10/01 1/11/01 1/12/01 ressure 1/1/01 1/2/01 1/3/01 1/4/01 1/5/01 1/6/01 1/7/01 1/8/01 1/9/01 1/10/01 1/11/01 1/12/01 Mann Shackleton Kaminski Perlingiere Nemec Taylor Mann Shackleton Kaminski Perlingiere Nemec Taylor Mann Shackleton Jones Kaminski Perlingiere Nemec Taylor The biggest concern many organizations have is that so much data is discoverable. If a court case happens, or even if there is a high profile scandal, they potentially have to search massive amounts of data across multiple repositories to find key evidence. In reality, it is often the case that most of the information is irrelevant to the proceedings and should have been deleted or retired. One of the keys to successful information governance is to establish operations policies for information accountability, retention, archiving, review and destruction and have a capable technology solution that enables these policies to be implemented on a corporate scale. Not everything needs to be preserved, and much of the information that must be preserved only needs to be kept for a specific length of time. More storage just increases the real problem. Apart from the fact that backups and archives weren t designed to be readily or forensically searchable, companies should be reducing the information they store, not allowing it to spiral into massive, potentially discoverable information minefields. Powerful, scalable processing servers can make it cheap and simple for your organization to implement your ongoing deletion policy. Nuix processes all major container file types directly, including Microsoft Exchange, SharePoint and Lotus Notes Databases, as well as many archive formats. It is now possible to rapidly and automatically process all of the data that has been stored in those repositories, apply policies to identify the documents that must be kept and those that can be deleted, and to keep only the information you need in an indexed form. Once you have indexed historical information, it can be instantaneously searched when and if the requirement arises. Originals can be deleted to save storage, with one backed up and indexed copy of data retained, as per the organization s policy. Going forward, you can limit your review to new information created, ensuring it is regularly processed, reviewed, retained or destroyed in an appropriate manner. Page 5

6 Insight Paper: How ediscovery Technology Can Accelerate Information Governance for Corporations Improve the efficiency of your internal investigations Every organization is at risk of inappropriate activity, ranging from the distribution of pornography, bullying and discriminatory behaviors, to internal fraud, theft and intellectual property leaks. It is not acceptable for boards and executives to insist they did not know the behavior was taking place. Courts take a dim view of corporations who do not effectively manage their information and who cannot reliably speak to the behaviour and activity of their employees. No director or executive wants to spend years proving their innocence. The penalty can be harsh when you don t have visibility of unfortunate employee behaviour. Being able to launch internal investigations quickly to search for and find the critical evidence required to unequivocally prove or disprove allegations is crucial. It is also necessary to be able to do this with minimal disruption to the business. These kinds of investigations must be completed quickly and efficiently, with adequate security to ensure that the integrity of the data is protected at all times. Today there are more investigations, bigger datasets and tougher demands for fast and accurate results than ever before. Government organizations and departments have the added pressure of data requests from high-profile and politically-motivated investigations. Nuix s powerful search capabilities enable a fast and iterative Rapid Investigative Review to get defensible results at minimal cost without disrupting normal business. Nuix gives organizations the ability to identify inappropriate or criminal behavior quickly, pinpoint who was involved, successfully identify and, if necessary, prosecute guilty parties. In terms of efficiencies, a case in Nuix can be established within 30 seconds, processed at a rate of multiple terabytes per day, and, once processing has been completed, an analyst with minimal training can easily find all relevant evidence if it is present in the data set. Diagram 3 This network diagram shows who was responsible for distributing a malicious document about co-workers to a group of employees. The same technology and process can be used in an automated fashion across all company communications to identify and alert key managers of potential risks within their business e.g. inappropriate behaviour and relationships, or fraudulent activity. Investigations must be completed quickly and efficiently, with adequate security to ensure that the integrity of the data is protected at all times. Page 6

7 Your Nuix solution for Information Governance includes:» Processing at speeds of approximately 2.5 TB per day per server, or TB per day per Nuix processing cluster» Scalability to handle billions of s and documents and enormous numbers of searches» Processing and searching in all languages and character sets with 100% Unicode compliance» Identification and processing of irregular files such as encrypted, nontext-searchable and deleted documents, as well as documents which are embedded or stored in ways to conceal their existence» Intuitive, user-friendly search tools and visualizations for people who are not ediscovery or electronic investigation experts» Integration with a scalable review platform so a large number of documents can be reviewed by a lot of people quickly» Automated workflows, designed to handle the vast quantity of data and searches which are required, highlighting only potentially relevant information» Efficient export of any results set into the load file of preference for your law firm or a subindex if permanently deleting information» Quality support with access to competent, trained and empowered staff who will get you out of trouble quickly if things go wrong. By using advanced technology to enable your information governance policies, and taking a proactive and automated approach to indexing and searching, it is possible to stay in control of almost everything that is happening within your organization. If you would like to discuss your organization s ediscovery or information governance challenges please contact Nuix. It is now possible to harness advanced technology to identify risks right across your enterprise» Breaches around regulatory and corporate compliance» Inappropriate relationships and behaviors» Security and fraud concerns» Litigation» Remediation and deletion of superflous content. Page 7

8 THE NUIX DIFFERENCE Nuix s indexing engine is an order of magnitude faster than other solutions Nuix processes file types that no other ediscovery software provider attempts Nuix s powerful and flexible scripting engine can automate repetitive tasks or build complete customized workflows Nuix provides a proactive and SharePoint intelligence system which can automatically process and index all company communications so they are available» for instant search and investigation if required.» ABOUT NUIX Nuix is a worldwide provider of information management technologies, including ediscovery, electronic investigation and information governance software. Nuix solutions scale to meet the needs of the smallest or largest organizations, making it faster and easier to undertake investigations and data management activities, no matter the size or complexity of the data sets. Nuix customers include the world s leading advisory firms, litigation support providers, enterprises, government departments, police and anti-corruption bodies, as well as all of the world s major regulatory and security agencies. Asia Pacific EMEA North America sales@nuix.com // nuix.com // twitter.com/nuix Copyright 2011 Nuix. All rights reserved.

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