Todd Heythaler Information Governance & ediscovery. Emerging Technologies Work Group

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1 Todd Heythaler Information Governance & ediscovery

2 Trends & Landscapes State & Local Government Challenges Approach to ediscovery & FOIL requests Getting Started

3 Trends & Landscape Requests for Information is increasing ediscovery Compliance FOIL Data Volumes are increasing Costs are increasing because of organizations are relying on old processes (mostly manual) A legal-centric view, an IT-centric view, and how they have changed Stakeholders are starting to work together Technology Advancements have made it easier for organizations to find, collect, and process the data Case Law is changing the way organizations look at ediscovery

4 Trends & Landscape Characteristics of the new breed of technologies Designed to be implemented behind the firewall and address data at its source Most have been born of enterprise search technologies Maintain searchable index of all integrated data sources in place Provide a platform for improved identification, preservation and collection Potential Benefits Technical Process integration Price The risks

5 Common Government Issues Information Management (Unstructured vs. Structured) ediscovery Compliance: Maintaining records for statutory period Open Records / FOIL

6 Information Management Categories Unmanaged Unstructured Content Network File Shares Desktops Managed Unstructured Content Content Management Collaboration Custom Custom Legacy Systems Page-Oriented Data Physical Records Database Content Archive In-place Fixed Content Structured Content Line-oriented Data

7 F i l L e a p S t e o r p v s e r ESI Beyond and Outside The Archive Which of the following has your organization been asked to produce in a legal proceeding or regulatory inquiry? (and attachments) General office productivity documents Database records Invoices and other customer records E m a i l S e r v e r Financial statements Phone call recordings & other audio Digital images Instant messages Video files Other 5% 21% 16% 29% 25% 41% 36% 49% 60% 80% residing on: Laptops/Desktops Mail Servers Group Shares 0% 20% 40% 60% 80% 100% s D e s k t o p

8 What is ediscovery? ediscovery Requirement that organizations of all sizes collect, preserve, review and produce information for legal and regulatory proceedings: Litigation Investigation Audit Public Disclosure Current and reasonably anticipated state and federal litigation State and federal regulators, IRS, OSHA, SEC, NASD, FINRA, HIPAA, Data Privacy & Protection Internal and external audits of books and records, Defense Contractor Audit, Govt Contract Audits Federal, State and Local - Freedom of Information Act, Open/Public Records Acts

9 Electronic Discovery Reference Model (EDRM) Information Management and ediscovery -Fundamentally Intertwined Information Management Retain and delete based on value ediscovery Process Bring ediscovery In-House Processing Preservation Information Management Identification Review Production Presentation Collection Analysis

10 ediscovery Challenges... Internal Collaboration between Key Stakeholders Costs associated with ediscovery (Collections, Legal Hold, and Review) are staggering Collection: Over-collecting based on limited filtering capabilities Processing/Review Costs: Range from $800 to over $1,000 per GB ediscovery has traditionally been a services led project Custodian based collections cause risk to the organization Manual workflows are prone to errors and inconsistencies IT may use a number of tactical tools to harvest/collect data Issue is around Chain of Custody Use of Tape for preservation is very costly and could introduce more risk High risk of incomplete files being recovered or sent

11 The Cost of ediscovery Notice Percentage of discovery costs when proceedings or investigations involve the discovery of ESI:* Collection Hold Inspect/Review 28% 20% 35% Costs associated with document collection from inaccessible locations Cost of holding massive volumes Unanticipated legal risk Spoliation risk Cost directly related to number of documents to review Produce 17% Cost of delivering ESI to various recipients on various media (e.g., CD, DVD, or paper) * Source: Enterprise Strategy Group, 2007

12 Best Practices around ediscovery Understand your information Create and maintain a data map or custodian map Establish retention policies for your data Deploy automated policies and perform audit checks to ensure compliance Ensure collaboration with Stakeholders Legal, IT, Security, Compliance, End-Users Leverage Advancements in Technology Collection: Leverage tools to filter down data before it goes to outside counsel Legal Hold Management: Leverage automated reminders to ensure custodians understand the legal hold is active Review: Leverage advanced filtering and culling solutions tag data and create Legal Export files

13 FOIL the Manual Way... The costs associated with the paper production and transfer of records significantly increase every year The amount of human resources committed to fully process each FOIL request to meet legal mandates also increases every year Document access and control is very inefficient Documents are easily misplaced Documents can t be accessed by multiple users concurrently Appropriate document security is not easy managed High risk of incomplete files being recovered or sent Manual workflows are prone to errors and inconsistencies

14 FOIL the Manual Way... Processing complaints from the recipients (incomplete or missing information) generate even more work Average response times often exceed the limits of the law Litigation exposure for late or incomplete responses No means for monitoring how work in progress is doing or larger trends affecting the process More requests can mean more staff a challenge given current budget climate

15 FOIL with an Automated System Information for FOIL requests available electronically by document scanning, , and fax versus paper Streamlined process means: Faster request processing Drastic reduction of manual workflow Reduced resource commitments related to printing shipping, and storage of the paper for FOIL responses Improved rate of on-time fulfillment FOIL responses Dramatically reduced time to bring new records staff up to full productivity.

16 Case Processing in Action Internal Case Initiation Case Closing Data Mapping Update Account Account Details Web Index CSR Review Delete Account Index Notification Document generation Mobile Paper Scanning Data Mapping External Records management Archiving Updates

17 Where do Organizations Start? Typically, One Stage at a Time

18 Todd Heythaler Information Governance & ediscovery

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