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Simple Facts- Information is growing at alarming rates, Organizations fear the consequences of eliminating even the most trivial data and these fears have been heightened by the retention requirements of Dodd-Frank, FINRA 10-06 and other troubling laws and regulations. In this hangout learn how to identify the data that you need to collect and manage versus the data that you can safely get rid of. In addition, attendees can understand how to limit exposure and storage costs by implementing a defensible deletion plan for both active and archived content. Watch the Google+ Hangout recording: http://bit.ly/17by3e6
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Cut The Clutter:What You Have, What You Need,and What You Can Safely Get Rid of
Symantec Vision 2013 Cut The Clutter
Speakers
Symantec Vision 2013 Cut The Clutter 2
David ScottGroup Product ManagerSymantec Corp.
Philip FavroDiscovery CounselSymantec Corp.
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Agenda
Symantec Vision 2013 Cut The Clutter
The Challenges of Cutting the Clutter
Judicial Approval of Defensible Deletion
Problematic Retention Regulations
Best Practices for Cutting the Clutter
Key Takeaways
Resources & Reference Material
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#SYMCHangoutSymantec Vision 2013
The Challenges of Cutting the Clutter
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Proliferation of Electronic Data
Symantec Vision 2013 Cut The Clutter
In 2008, the average end-user may have owned 100 gigs of information. Just four years later, that number is now
closer to 1,000.
New Utah Rule 26: A Blueprint for Proportionalityunder the Federal Rules of Civil ProcedureTHE MICHIGAN STATE LAW REVIEW (2013)
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High Costs of Legal Review
The total costs per gigabyte reviewed were generally around $18,000.
—Rand Survey
Review comprises 73% of eDiscovery CostsProcessing/Collection represent 27% of eDiscovery Costs.
Symantec Vision 2013 Cut The Clutter
Defensible deletion is a comprehensive approach that companies implement to reduce the storage costs and legal risks associated with the retention of ESI.
eDiscovery 2.0 BlogDefensible Deletion: The Cornerstone of Intelligent Information Governance
What is Defensible Deletion?
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Companies May Want Defensible Deletion . . .
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96% agree “Defensible Deletion is Absolutely Necessary” to Reducing the Costs and Risks of ESI
—eDiscovery Group Survey (2012)
. . . But Few Are Doing Much About It
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—Archiving Customer Survey (2012)
Don't know18%
No54%
Yes28%
Expiry Enabled onArchiving Software?
Symantec Vision 2013 Cut The Clutter
Judicial Approval of Defensible Deletion
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Symantec Vision 2013 Cut The Clutter
Micron Technology v. Rambus, Inc.645 F.3d 1311 (Fed. Cir. 2011)
Defensible Deletion ≠ Spoliation of Evidence
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Where a party has a long-standing policy of destruction of documents on a regular schedule…motivated by general business needs…destruction…is relatively unlikely to be seen as spoliation.
Symantec Vision 2013 Cut The Clutter
Good Faith Procedures Protect Against Sanctions
The Federal Rules protect fromsanctions those who…havediscarded [ESI] as a result ofgood faith business procedures.
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Brigham Young University v. Pfizer282 F.R.D. 566 (D. Utah. 2012)
Sanctions Denied, Reasonable Settlement Obtained
Symantec Vision 2013 Cut The Clutter
Absent exceptional circumstances, a court may not impose sanctions under these rules on a party for failing to provide ESI lost as a result of the routine, good-faith operation of an electronic information system.
FED. R. CIV. P. 37(e)
The Federal Rules Encourage Defensible Deletion
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#SYMCHangoutSymantec Vision 2013
Problematic Retention Regulations
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Symantec Vision 2013 Cut The Clutter
Securities & Exchange Act Driving Excessive ESI Retention
• Broker-Dealers must preserve communications w/investors, other records relating to “business as such” SEA – 17a-4(b)
• Records must be kept for at least 3 years, the first 2 in an easily accessible place SEA – 17a-4(b)
• Broker-dealers may maintain and preserve these records by means of “electronic storage media”SEA 17a-4(f)
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FINRA Also Causing Over-Retention of ESI
• Promulgated in January 2010 to protect investors from false or misleading claims made on social networking sites
• To comply with this regulation, securities firms must develop protocols that enable them to retain and supervise social media content and ensure conformity by their representatives
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Dodd-Frank: The Regulatory Nightmare
• Implemented to overhaul and more closely regulate the U.S. financial services market
• Imposes various recordkeeping requirements, including a five-year retention period for most investment advisor documents
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17 C.F.R. § 275.204–2
Best Practices for Cutting the Clutter
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Symantec Vision 2013 Cut The Clutter
Disclaimer
“Any information regarding pre-release Symantec offerings, future updates or other planned modifications is subject to ongoing evaluation
by Symantec and therefore subject to change. This information is provided without warranty of any kind, express or implied.
Customers who purchase Symantec offerings should make their purchase decision based upon features that are currently available.”
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Social Media/IM/Collaboration Content
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Communication has become fragmented…
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1995 2012
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Symantec Vision 2013 Cut The Clutter
“Clear the Clutter” – Best Practices for Social Media
Written Policy Block Features
Ethical Walls
Block Networks
Moderate content Pre-Approved Content Capture with Full Context
Map the Participant to a Corporate ID
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#SYMCHangoutSymantec Vision 2013
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Taking Control of the SharePoint and the File System
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SharePoint - The Problem
Symantec Vision 2013 Cut The Clutter
Symantec Vision 2013 Cut The Clutter
SharePoint Best PracticeProactive, Rules-Based Archiving and Leverage Site Closure
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Symantec Vision 2013 Cut The Clutter
SharePoint Rules-based Retention
• Retention can now be different for content in the same location
• Set retention based on:– Metadata value
– Content source (document, blog, wiki, discussion, list etc.)
– File Characteristics
Planned for EV 10.0.4
Symantec Vision 2013 Cut The Clutter
File Shares – ‘Clearing the Clutter’
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Symantec Enterprise VaultFile System Archiving
Symantec Data Insight
• Identifies data owners
• Monitors data usage
• Reviews permissions
• Data ownership/usage drives
– Data storage efficiency
– Data management policy and compliance
• Integrates with Data Loss Prevention, and soon Enterprise Vault File System Archiving
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Symantec Plenary and SuperSession LegalTech 2013
Key Takeaways
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• Content does not need to be kept forever
• Deletion is acceptable provided it is part of a stated policy
• A proactive policy is essential
• You can drastically ‘cut the clutter’ through automated deletion and aggressive management of content sources
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Resources & Reference Material
Symantec Vision 2013 Cut The Clutter
Get a Copy of the Solution Overview~
http://bit.ly/11dvpMk
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Resources & Reference Material
Symantec Vision 2013 Cut The Clutter
Visit the eDiscovery 2.0 Blog
~ www.clearwellsystems.com/
e-discovery-blog/
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Resources & Reference Material
• Overview of EV, EV.Cloud and Clearwell Platform
• Archiving & eDiscovery – Real world ROI
• Information Management – A Step in the Right Direction
• Defensible Deletion: The Cornerstone of Intelligent Information Governance
Symantec Vision 2013 Cut The Clutter
Thank you!
David Scott Philip FavroGroup Product Manager Discovery CounselEmail: [email protected] Email: [email protected]: @dscottyt Twitter: @PhilipFavroPhone: 757-251-7536 Phone: 650-714-9134
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Symantec Vision 2013 Cut The Clutter