Avoiding the Email IcebergSean ReganOctober 2008

Data Definitions

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From land, icebergs are “pretty…”

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From sea, icebergs are “pretty lethal.”

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“Fun” Facts about Icebergs

• Icebergs are made of fresh water

• 90% of an Iceberg is below water

• 1600 icebergs drift southward past Newfoundland each year

• Average age of the “ice” in an iceberg is ~12,000 years old

• 680+ reported iceberg collisions since 1850 in North Atlantic

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“Fun” Facts about Unstructured Information

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SharePoint

IM Servers

Email Servers

File Servers

Databases

Legal Hold

• 33% of e-discovery cases related to holds/spoliation

Soaring information volume

• 52% Growth YOY

Time and cost of e-discovery

• Cost of review 1400x cost of storage

What is being asked for

• 77% of e-discovery requests are for e-mail or attachments

Documents, Records, and Legal Holds

RecordsLegal Hold

Documents

• All Records are Documents

• Not all Documents are Records

• Legal Hold applies to both Documents and Records

Mobile Device

Laptop

Desktop/ Workstation

File Server

Email Server

Tape Subsystem

Disc Subsystem

CDs

E-Discovery

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e-Discovery Timelinee-Discovery Timeline

E-Discovery

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Extend Retention Policies to Electronic Documents

Learn about all data that may be involved in preservation, e-Discovery

Find, Preserve, and Copy that data to some specific repository

Review all that data, with all the capabilities you might have at hand

Lawyers! (if needed)

E-Discovery

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$$ Notifications, Manual Holds, Tape Freeze

$$Tape restores, endpoint images, manual collection

$$$Image extractions, De-duplication, passwords, …

$$$$Document Coding & Review ($350 / hour!!)

e-Discovery Timeline – Case 1e-Discovery Timeline – Case 1e-Discovery Timeline – Case 1e-Discovery Timeline – Case 1

e-Discovery Timeline – Case 2e-Discovery Timeline – Case 2e-Discovery Timeline – Case 2e-Discovery Timeline – Case 2

e-Discovery Timeline – Case 3e-Discovery Timeline – Case 3e-Discovery Timeline – Case 3e-Discovery Timeline – Case 3

e-Discovery Timeline – Case e-Discovery Timeline – Case n…n…e-Discovery Timeline – Case e-Discovery Timeline – Case n…n…

Maturity of Legal Hold Practices

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Source: ITPolicyCompliance,com

Steps to Improve Results

Legal Practices to Improve Results

• Notify employees of legal holds within one hour

• Form cross-functional teams to respond within one day

• Employee & enduser training on legal hold

• Update retention program, policies & procedures for ESI

IT Practices to improve results

• Identify and gaps in procedural and technical controls

• Indexing of ESI with retention and expiry

• Converting of information to electronic format

• Measure results more frequently

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Source: ITPolicyCompliance,com

Policies: Legal Hold Process

• Procedure for determining when a hold is triggered

• Ability to preserve both ESI and paper documents

• Joint responsibility between Legal, IT, and individual custodians

• Ability to track, monitor, and enforce compliance

The litigation hold instructions should include:• Issuing party• Date issued

• Scope of the instructions• Subject matter at issue

• Types of records and any specific content covered• Locations and media under hold

• Time frame relevant to the lawsuit