Where the Rubber Meets the Road: The Evolution of ESI Discovery Readiness When IT Resources are Limited

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November 17, 2010 Where the Rubber Meets the Road: The Evolution of ESI Discovery Readiness When IT Resources are Limited Wayne Wong, Managing ESI Consultant, Kroll Ontrack Tom McCaffrey, Director of Archiving, Kroll Ontrack 2010 Kroll Ontrack Inc. www.krollontrack.com

Slide Materials To download a complimentary copy of today s slide materials, please follow these instructions: 1. Go to www.krollontrack.com/events 2. Scroll down to the Event Materials section. 3. Select today s presentation, Where the Rubber Meets the Road: The Evolution of ESI Discovery Readiness When IT Resources are Limited 4. Enter November as the User ID and webinar111710 as the Password. 1

Wayne Wong Wayne Wong is a managing consultant in Kroll Ontrack s ESI consulting group. Headshot Mr. Wong ensures litigation preparedness for clients through the creation of discovery, data collection and case management strategies to support repeatable, efficient and reliable electronic discovery procedures. In his role, Mr. Wong advises clients on tactics for responding to litigation, including techniques and documentation for accurate and complete identification, preservation and collection of relevant ESI. 2

Tom McCaffrey Tom McCaffrey is the Director of Archiving at Kroll Ontrack. Mr. McCaffrey is responsible for the overall business strategy and market evolution of Kroll Ontrack s archiving and information management solutions. In his role, Mr. McCaffrey works with his team to bring expert products and services to market that help clients manage large volumes of data and reduce the cost of responding to investigations, litigation and regulatory requirements. 3

Discussion Overview Enterprise Challenges Technology to Know: Enterprise Archiving and Hosted Repository Product and Service Solutions Demonstration Parting Thoughts 4

Enterprise Challenges 2010 Kroll Ontrack Inc. www.krollontrack.com

Enterprise Challenges Supporting e-discovery is too resource intensive Achieving compliance with regulatory requirements for retention Rapid growth of e-mail is bogging down servers 6

Enterprise Challenges: Identification & Preservation Preservation and collection issues still cited as number one discovery concern If an organization has an archive, it is usually for compliance reasons No integrated search and hold for legal Only 53 percent of U.S. companies possess a legal hold technology tool 7

Enterprise Challenges: Data collection Recoveries from tape can be disruptive and expensive Need strong process that is defined, repeatable and defensible rather than disruptive and inefficient ad hoc fire drill response to incidents 8

Think Discovery versus Recovery Help your organization understand the difference between: Backup : restore business continuity (disaster recovery) Archive : retrieval retention management & discovery Restore "Give me back file /home/barb/thing.doc from myserver on 7/30/2010 Give me back a single email from Barb with a subject line of Widget from 7/25/2010 Retrieval "Give me all files of any kind, that were created between 7/1/2007 and 7/1/2010, on any server, with the words 'project widget' in them" "Give me all emails from Barb to anyone outside the company written from 7/1/2003 to 7/1/2010 that contain the words 'promise,' or 'guarantee'" 9

Enterprise Archiving and Hosted Repository 2010 Kroll Ontrack Inc. www.krollontrack.com

E-Mail or Loose File Archiving Business Process Flow E-mails delivered or Files saved to Network Content ingested: Emails & Attachments Network Files Retention policies applied Litigation/ investigation anticipated User searches archive Legal hold applied After legal hold has been released Export for discovery Scheduled disposal 11

Archive and Discovery Repository Premise/onsite or Hosted/SaaS Archive enterprise wide Discovery Repository meeting specific discovery and investigation needs Legal can preserve and search specific data sets without the need for IT support 12

Product and Service Solutions 2010 Kroll Ontrack Inc. www.krollontrack.com

Discovery Repository Service Hosted solution based upon enterprise archive technology Offers a low-it impact solution for preservation and search Designed to ingest e-mail, attachments and loose files Provides superior capabilities like legal hold and notices, searching, general categorization and custodian-based packaging Seamless transfer to downstream discovery solutions like advanced analytics, early data assessment (EDA) and document review Expert Consultants prepare the environment for a successful implementation; retention policies, categories and schedules; data mapping Expert Professional Services design, project management, installation, configuration and training 14

Discovery Repository: Search Authorized Users can easily search and preliminarily filter across many different data types, attachments and loose files for potentially relevant documents and messages Users can search by a variety of criteria, save their query and define a schedule for the system to rerun the search When the system runs the query, the search results are dynamically updated to include newly ingested content 15

Discovery Repository: Identification & Preservation Once search results have identified the potentially relevant data, a legal hold can be applied to support an organization s duty to preserve Legal hold suspends retention schedule 16

Discovery Repository: Export Native file export Data export from the archive is organized into folders for each custodian Nearly half of the time discovery service providers take to setup project data in a document review platform is spent organizing the data by custodian 17

Discovery Repository Business Process Flow = Kroll Ontrack Professional Services Customer Customer mail & file servers Live connection to servers Kroll Ontrack Professional services to manage data and optimize storage Cloud Live connection to cloud Legacy data (mail server backups) Restore Discovery Repository Servers and Storage Optional Services Onsite or remote collection Stage Retention Schedules Other Restore/ stage Certified Destruction Secure Web Portals SaaS: Customer access to secure web portals Search Legal Hold Legal Hold Notification Data To: XXXXXXXXXX Subject: YYYY AAAAAAAAAAAAAAA AAAA BBBBBBBBBBBBBBB CCCCCCCCCCCCCC DDDDDDDDDD EEEE Legal Hold Notification Preliminary Filter Option: Kroll Ontrack Professional Services can run search, hold, filter and export functions Export for discovery, audit, investigation, or compliance Discovery Processing Early Case/Data Assessment Document Review Option to export to outside counsel 18

Ontrack Guardian - Customer Benefits Subscription service provides predictable and controllable costs Hosted solution enables seamless transfer to discovery Hosted solution reduces dependence on IT for tape restores and searches Better cost and time estimates for discovery projects by culling data in the repository (50% less variation) Discovery processing time reduced by 50% due to custodian-foldered output Achieve compliance with regulatory requirements 19

Ontrack Guardian Customer Benefits Search the repository and cull the data set yourself (or Kroll Ontrack Professional Services can do it for you) Kroll Ontrack Professional Services manages legacy ingestion and ongoing additions of data Options include: Reduce size and risk of repository through application of retention schedules Reduce strain on IT by establishing secure live connection to ingest directly from mail and file servers Archive Lotus Notes, Microsoft Exchange and loose files in the same repository 20

Demonstration Arvo Lepasepp, Sales Engineer Kroll Ontrack 2010 Kroll Ontrack Inc. www.krollontrack.com

Demonstration 22

Parting Thoughts 2010 Kroll Ontrack Inc. www.krollontrack.com

Parting Thoughts The discovery repository is a best practice solution for collection, preservation, legal hold, search, filter and seamless transfer to downstream discovery services Subscription pricing and hosting reduce up-front costs, IT involvement and improve predictability of the solution The filtering and custodian foldering of the hosted solution increase predictability and reduce processing time for discovery projects 24

Slide Materials To download a complimentary copy of today s slide materials, please follow these instructions: 1. Go to www.krollontrack.com/events 2. Scroll down to the Event Materials section 3. Select today s presentation, Where the Rubber Meets the Road: The Evolution of ESI Discovery Readiness When IT Resources are Limited 4. Enter November as the User ID and webinar111710 as the Password 25

2010 Kroll Ontrack Inc. www.krollontrack.com