One Easily Avoidable Pitfall in Your ediscovery and Compliance Strategy

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1 One Easily Avoidable Pitfall in Your ediscovery and Compliance Strategy

2 Contents The Big Data Challenge... 3 A Common Pitfall... 3 CommVault Edge Makes Endpoint Data Searchable... 4 Simpana 10 ediscovery and Compliance Platforms Empower Organizations... 5 Simpana 10 ediscovery Workflow... 5 Simpana 10 Compliance Workflow... 6 Summary... 7 Additional Resources:... 7

3 The Big Data Challenge A relentless explosion of Big Data continues to ignite pervasive and persistent problems as organizations grapple with how best to retain, access, discover and ultimately delete content in compliance with evolving regulations. This trend plagues many stakeholders, from IT to Legal. While IT departments grapple with how to support complex Big Data environments, legal teams are tasked with making accommodations for that data in the already expensive ediscovery process. The big deal with Big Data starts with the sheer volume, which is being generated by a growing number of devices, data sources and applications. IDC i predicts more than 4,200 petabytes of new storage must be deployed this year alone to keep pace with data growth. Growth is being impacted by evolving data retention requirements, and industry regulations, including HIPAA, and the Freedom of Information Act (FoIA) among others, which necessitate that some types of data be kept for anywhere from a few years to indefinitely. At the same time, an ever-increasing influx of unstructured data (e.g., images, audio or video files) as well as semistructured data (e.g., s, logs, etc.) add yet another layer of management complexity, especially when determining the most efficient and reliable way to ingest, protect, organize, access, preserve and defensibly delete all this vital information. In particular, the need to preserve and retain data is becoming more complicated as organizations increasingly are being asked to retain data from a variety of sources, including s, documents and rich media files, in its appropriate business context. All of this data can be a huge asset, but without a modern management strategy, it can also be a huge liability. With these new paradigm shifts comes an increase in both the amount and complexity of data involved in discovery efforts. In sifting through voluminous Big Data to find responsive information, organizations can spend millions of dollars to isolate relevant Electronically Stored Information (ESI) and even more to review it. Simply put, the Big Data problem brings new meaning to the phrase, looking for a needle in a haystack. A Common Pitfall Given the challenges of Big Data, a key element of an effective ediscovery and Compliance strategy is ensuring that the data set being searched is comprehensive so that it includes all of the information needed to address corporate litigation, internal investigations, public information and audit requests. What good is excellent search capability if you aren t searching all of the relevant information? Data that resides on laptops and desktops is often overlooked, ignored, or difficult to capture. As the mobile workforce continues to grow and more data gets generated outside of the datacenter, bringing that endpoint data into the searchable dataset for ediscovery and compliance will be critical. Unprotected Data Protected Data Figure 1: Laptop and desktop data is frequently left unprotected Figure 1: Laptop and desktop data is frequently left unprotected

4 CommVault Edge Makes Endpoint Data Searchable CommVault Edge technology, a key part of the CommVault Simpana software platform, is a complete enterpriseclass solution for rapid, efficient and transparent desktop and laptop data protection. By bringing endpoint data into the Simpana ContentStore, the hardware-agnostic, secure, virtual repository where all backup and archive data is maintained, CommVault Edge enables enterprise-wide search and efficient discovery of information from a single console and virtual repository. It makes searching for ediscovery and compliance information simple. Figure 2: Simpana software makes data easy to search and discover Figure 2: Simpana software makes data easy to search and discover The Simpana ContentStore eliminates inefficient data silos that waste resources and infrastructure by consolidating managed data and automating retention and tiering according to company defined policies. A single, intelligent index provides global awareness for the data and multiple methods for retrieving information make accessing data easy, so users within an organization can quickly find what they need, when they need it. There is freedom from being locked into any particular hardware for data retention and companies are empowered to meet compliance, governance, ediscovery, recovery and data mining requirements. The ContentStore delivers information to the fingertips of those who need it for the better productivity, faster recovery, improved collaboration and smarter decision making that can transform a business. After laptop and desktop data is collected with CommVault Edge, placed in the ContentStore and indexed, it can be searched in seconds to produce relevant, accurate search results. Workforce productivity is accelerated with a wide range of simple and intuitive self-service capabilities for end-users, legal and compliance teams. Empowering users with self-service search and retrieval across the enterprise enables substantially reduced cost and risk to the enterprise. CommVault Simpana software also reduces complexity and speeds the process of discovery and compliance through its ediscovery and Compliance platforms.

5 Simpana 10 ediscovery and Compliance Platforms Empower Organizations Simpana 10 ediscovery Workflow CommVault Simpana ediscovery platform allows IT and legal departments to identify, collect, preserve, and review potentially relevant content across the enterprise. With Simpana 10, organizations can tackle much of the discovery process internally, instead of outsourcing the process to costly consultants, legal service providers, or outside counsel. Moreover, with Simpana software s flexible, role-based workflow, discrete tasks can be carried out by the appropriate resource including IT staff, legal liaisons, paralegals, and both internal and outside attorneys. The Simpana ediscovery platform allows authorized users to identify responsive data related to corporate litigation, internal investigations, and public information requests. With Simpana software s out-of-the-box ediscovery workflow, each step of the discovery process can be automatically designated to the appropriate individual depending on the nature of the matter. For example, litigation searches can be conducted at the IT level and impending results can be delivered to a paralegal for first pass collection and preservation. As the ediscovery process continues, data can be directed to the next individual in the workflow timeline as detailed below: Figure 3: Sample ediscovery Workflow Using CommVault Simpana Software Legal: Legal Department issues a data collection request to IT detailing the search criteria to be used to identify potentially responsive data. IT: IT performs a search based on the specified criteria which could consist of custodian name, date range, file type, keywords, or any combination of content and metadata. Paralegal: Search results are automatically delivered to the managing paralegal for initial review and preservation. Using the Simpana one click legal hold, paralegal executes a hold to ensure that responsive data is preserved. Paralegal/Internal Counsel: As additional case details become known, search criteria is refined by Legal and the existing result set can be filtered down further by a paralegal. Internal Counsel: Once the data has been refined, internal counsel can then conduct first pass review to eliminate non-responsive and privileged items.

6 Outside Counsel: A refined, responsive data set can then be delivered to Outside Counsel in the appropriate format including PST, XML, or in a compressed ZIP file. Outside Counsel can then complete the review process and deliver results to opposing counsel. Simpana 10 Compliance Workflow The CommVault Simpana Compliance platform enables corporate compliance departments to quickly identify and locate sensitive data related to internal or regulatory audit. Whether an organization is looking for indications of insider trading, protected health information, social security numbers, or credit card data, CommVault s Compliance platform provides a ready to use workflow template where searches can be run on a scheduled basis using any combination of content and metadata. This workflow also includes automated delivery of results to a dedicated compliance officer, risk manager, or in-house attorney for review. Below is an example of CommVault s Compliance workflow which can be adapted to fit organizational processes: Figure 4: Sample Compliance Workflow Using CommVault Simpana Software IT: IT creates a search policy and schedules the search to run daily. The results are then delivered daily to the corporate Compliance Officer for further review Compliance: Compliance Department receives search results, which can also be delivered as a sample, and can review items to determine whether any action needs to be taken. Legal: For those items requiring additional review or action by internal attorneys, data can be passed on from the Compliance Officer to In-House Counsel. Regulatory Body: For those activities related directly to a regulatory audit, the Compliance Officer or In- House Counsel can then export data for hand off to a regulatory auditor. Export formats include XML, PST, NSF, or compressed native file format.

7 Summary The rapidly increasing volume and complexity of data creates a challenge for organizations as they try to efficiently discover information needed to address the corporate litigation, internal investigation, public information and audit requests they receive. One common pitfall organizations fall into is not capturing a comprehensive data set to search. Data that resides on laptops and desktops is often overlooked, ignored, or difficult to capture. CommVault Edge, a part of the Simpana software platform, is a complete enterprise-class solution for rapid, efficient and transparent desktop and laptop data protection. CommVault Edge technology brings critical endpoint data into the Simpana ContentStore, a hardware-agnostic, secure, virtual repository where all backup and archive data is maintained, and enables enterprise-wide search and efficient discovery of information from a single console and virtual repository. Simpana software makes searching for ediscovery and compliance information quick and simple. CommVault Simpana software also reduces complexity and empowers enterprises through its ediscovery and Compliance platforms, which enable automated workflows that are customizable to a company s unique processes and organizational structure. Additional Resources: CommVault Edge: Simplify Search, Discovery and Compliance: Securely Empower Your Mobile Workforce i Directions 2012, IDC s 47 th Annual Business Forecast, The Race to Value Capitalizing on Big Data Hot Spots, Rick Villars, March 2012 For more information about Simpana software modules and solutions, and for up-to-date system requirements, please visit CommVault Worldwide Headquarters 2 Crescent Place Oceanport, NJ Phone: Fax: CommVault Regional Offices United States Europe Middle East & Africa Asia-Pacific Latin America & Caribbean Canada India Oceania CommVault Systems, Inc. All rights reserved. CommVault, CommVault and logo, the CV logo, CommVault Systems, Solving Forward, SIM, Singular Information Management, Simpana, Simpana OnePass, CommVault Galaxy, Unified Data Management, QiNetix, Quick Recovery, QR, CommNet, GridStor, Vault Tracker, InnerVault, QuickSnap, QSnap, Recovery Director, CommServe, CommCell, IntelliSnap, ROMS, CommVault Edge, and CommValue, are trademarks or registered trademarks of CommVault Systems, Inc. All other third party brands, products, service names, trademarks, or registered service marks are the property of and used to identify the products or services of their respective owners. All specifications are subject to change without notice.

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