EnCase ediscovery. Automatically search, identify, collect, preserve, and process electronically stored information across the network.

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1 TM GUIDANCE SOFTWARE EnCASE ediscovery EnCase ediscovery Automatically search, identify, collect, preserve, and process electronically stored information across the network.

2 GUIDANCE SOFTWARE EnCASE ediscovery EnCase ediscovery delivers cost savings of up to 90% Overview EnCase ediscovery is an enterprise-wide solution that automatically searches, identifies, collects, preserves, and processes electronically stored information (ESI) across your network. It enables you to build an in-house, systemized, repeatable, and defensible process in compliance with the Federal Rules of Civil Procedure. EnCase ediscovery also delivers cost savings of up to 90% with its unique smart collection and processing capabilities. These capabilities allow users to create search profiles with any combination of select criteria to collect and extract potentially relevant data. Organizations using EnCase ediscovery can significantly reduce the amount of data that must be reviewed and hosted, ensure that no responsive data is overlooked, and eliminate the over-collection and irrelevant data that results from the inefficient and traditional method of imaging hard drives. The Federal Rules of Civil Procedure Require a Proactive Stance Toward ediscovery On December 1, 2006, amendments to the Federal Rules of Civil Procedure (FRCP) went into effect, changing how organizations must deal with ESI. Taken as a whole, the FRCP require a systemized, repeatable, and defensible process for handling ESI. To comply with the Federal Rules, in-house counsel must take a proactive stance towards ediscovery and build a systemized process to address ESI. In one large case, we were able to cull 9.2 million documents to 600,000 for collection. On that case, we saved approximately $3 million in processing and attorney review costs -Senior Counsel, Fortune 100 Oilfield & Technology Services Company

3 EnCase ediscovery helps organizations: Reduce Overall ediscovery Costs In-house counsel are spending an ever increasing amount of their budget on ediscovery costs. EnCase ediscovery delivers an order of magnitude cost savings that reduces an organization s ediscovery costs by up to 90%. Comply with The Federal Rules of Civil Procedure The FRCP s emphasis on ESI requires organizations to take a proactive stance towards ediscovery. The early attention requirements include both the discovery planning and pretrial conferences, and the safe harbor provision requires a systemized framework for handling ESI. We originally thought of EnCase Enterprise as an e-forensic tool only. However, Guidance Software s solution addresses virtually every aspect of information security and electronic discovery. It saves money, saves time and produces better results, whether the task is an internal investigation or ediscovery -Litigation Counsel, Dell EnCase ediscovery identifies, collects, preserves, and processes ESI in the systemized, defensible, and repeatable process required by the FRCP while also giving the organization an early assessment of its ESI. Eliminate the Risk and Disruption Caused by Employee Self Collection Employee self-collection is neither systemized nor defensible and can result in sanctions and penalties. For example, the court in Wachtel v. Health Net, Inc., 2006 WL , found that relying on the specified business people within the company to search and turn over whatever documents they thought were responsive, without verifying that the searches were sufficient, was inadequate. EnCase ediscovery eliminates the risk and disruption associated with employee self-collection because its targeted searches collect relevant ESI from employee computers automatically and transparently across the network, without employee intervention. Leverage Network and Personnel Investment EnCase ediscovery can be used as a part of many other organization initiatives: Records Management Compliance Enforcement and Data Leakage Financial Auditing and Fraud Detection Internal Employee and HR Investigations Traditional ediscovery ediscovery with EnCase ediscovery Suite Manually Acquire Enormous Amounts of Data Extract Potentially Relevant Data Process Data ediscovery Suite Acquire ONLY Potentially Relevant Data Automatically Process Data EnCase ediscovery Suite automates the entire process identification, collection, preservation, processing and seamless review export to major review platforms. Legal Review and Analysis Legal Review and Analysis

4 Enterprise legal and risk officers must define ediscovery requirements so that CIOs can drive the implementation of an enterprise ediscovery platform. To do this, IT should partner with viable vendors, such as Guidance Software. -ediscovery Bursts onto the Scene, Forrester Research EnCase ediscovery is the In-House ediscovery Solution EnCase ediscovery is an automated, scalable solution that scales to any size enterprise and will adapt and grow with the organization s needs. It is minimally invasive, works transparently over the network, and does not interrupt business or impact users. EnCase ediscovery represents best practices technology for discovery and analysis as it is built upon EnCase Forensic technology, the world s leading computer forensics tool. EnCase ediscovery s core competencies include the following: Identification: EnCase ediscovery provides for a pre-collection assessment of ESI to determine which documents would be responsive to a given a search, enabling the organization to fine tune search criteria and generate a report summarizing the data to be collected. Preservation: EnCase ediscovery stores collected data in the industry-standard EnCase Logical Evidence File, a tamper-proof, forensically-sound container that preserves ESI in its native format. Metadata is unaltered, and a strict chain of custody is maintained via a detailed tracking database; ESI collected with EnCase software is supported by published case law. Corporations gave Guidance Software the highest ranking in the ediscovery Software Providers category in the Socha-Gelbmann 2008 Electronic Discovery Survey. Collection: EnCase ediscovery collects from desktops, servers, mapped drives, Exchange and Domino servers, portable storage devices, and other data repositories. The search capabilities allow for a rich set of search criteria to ensure only relevant data is collected. Processing: EnCase ediscovery s processing abilities include ESI consolidation, secondary filtering, and deduplication. Files can be deduplicated across all custodians or within specific custodians. Review Platform Integration: ESI collected with EnCase ediscovery can be exported to the review platform of the organization s choice, and the option exists to create load files for the most popular review platforms.

5 EnCASE ediscovery ediscovery Today: A Reactive and Event Based Fire Drill Responding to ediscovery requests today is a reactive process that is nothing short of a fire-drill. With each new case, counsel scramble to issue litigation holds, involve IT, and either hire a consultant to collect and preserve data or rely upon methods such as employee self-collection. This reactive approach is expensive and is neither systemized nor repeatable; as a result, this approach fails to meet the requirements of the FRCP and is subject to dangerous process attacks. In-house counsel face additional burdens under the new rules, as the risks associated with not creating a process are all too clear: one only need look to the Morgan Stanley decision (reversed on other grounds) or any of the recent Federal cases where the courts examine, critique, and sanction corporate defendants because of inadequate processes. The challenge is to build an in-house ediscovery process using the right tool. EnCase ediscovery is that tool. To the extent that it may not be feasible for counsel to speak with every key player, given the size of a company or the scope of the lawsuit, counsel must be more creative... For example, counsel could create a broad list of search terms, run a search for a limited time frame, and then segregate responsive documents... -Zubulake V EnCase ediscovery makes possible the keyword search envisioned in the Zubulake case. The Goal: Build an ediscovery Process that is Systemized, Repeatable and Defensible Most organizations are looking to improve their ediscovery process to achieve several goals, including compliance with the FRCP, reducing overall ediscovery costs, and building an efficient, internal process with multiple uses. Organizations using EnCase ediscovery s systemized, repeatable, and defensible processes are able to: 1) Significantly reduce costs 2) Comply with the Federal Rules of Civil Procedure 3) Eliminate the risks and disruption caused by employee self-collection; and 4) Leverage investments in the network and personnel

6 TM Our Customers Guidance Software s customers are corporations and government agencies in a wide variety of industries, such as financial and insurance services, technology, defense contracting, pharmaceutical, manufacturing and retail. Our EnCase customer base includes more than 100 of the Fortune 500 and over half of the 50, including: Allstate, Chevron, Ford, General Electric, Honeywell, Mattel, Northrop Grumman, Pfizer, UnitedHealth Group, Viacom and Wachovia. About Guidance Software (GUID) Guidance Software is recognized worldwide as the industry leader in digital investigative solutions. Its EnCase platform provides the foundation for government, corporate and law enforcement organizations to conduct thorough, network-enabled, and court-validated computer investigations of any kind, such as responding to ediscovery requests, conducting internal investigations, responding to regulatory inquiries or performing data and compliance auditing - all while maintaining the integrity of the data. There are more than 30,000 licensed users of the EnCase technology worldwide, and thousands attend Guidance Software s renowned training programs annually. Validated by numerous courts, corporate legal departments, government agencies and law enforcement organizations worldwide, EnCase has been honored with industry awards and recognition from eweek, SC Magazine, Network Computing, and the Socha-Gelbmann survey. For more information about Guidance Software, visit Guidance Software, Inc. All Rights Reserved. EnCase and Guidance Software are registered trademarks or trademarks owned by Guidance Software in the United States and other jurisdictions and may not be used without prior written permission. All other marks and brands may be claimed as the property of their respective owners. ED BR