AIIM Ottawa - Stephen Ludlow - eDiscovery in Canada
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Presentation from Stephen Ludlow, OpenText, on eDiscovery trends in Canada. For AIIM Ottawa (First Canadian Chapter) May 16, 2011
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AIIM Ottawa - Stephen Ludlow - eDiscovery in Canada
- 1. eDiscovery in Canada Stephen Ludlow May 17, 2011 Rev 2.0 01102010 Copyright © Open Text Corporation. All rights reserved.
- 3. 26% have undiscriminating policies on deletion of all emails, 23% keep everything just in case and 31% have no policies or non- enforced policies. The remainder either manually or automatically declare important emails as records and delete the others.
- 4. Slide 4
- 6. eDiscovery in Canada eDiscovery in Government Listeriosis Investigative Review Copyright © Open Text Corporation. All rights reserved. Slide 6
- 7. Collection Processing Review Per custodian - $300 - Extraction of metadata Legal Review v Audit $1000 and attachments for review Legal Review = $1- Spoliation of Metadata $2/page 5M pages - 70 GB Completeness 70GB x $1000/GB Copyright © Open Text Corporation. All rights reserved. Slide 7
- 8. eDiscovery in Government “....the late disclosure throws into question whether the commissioner has received everything he needs from the RCMP, and argued that the closing submissions should be delayed so the RCMP officers involved can be called to testify about the email and a full review of the disclosure process can be completed.” “The email was apparently overlooked by federal government lawyers in the thousands of pages of documents received from the RCMP on CD-ROMs during the inquiry.” Copyright © Open Text Corporation. All rights reserved. Slide 8
- 9. eDiscovery in Canada The Pension Committee of the University of Montreal Pension Plan, et al. v. Banc of America Securities LLC Canada played its own small part in one of the seminal rulings on spoliation in 2010
- 11. Corporate Response Information Governance Gain control of information growth through archiving and disposition Classification of information is critical Insourcing eDiscovery Activities In-source eDiscovery activities to reduce costs Defensibly perform Litigation Holds to reduce risk of court fines and sanctions Collection and Processing Reduce volume being sent for review Copyright © Open Text Corporation. All rights reserved. Slide 11
- 12. Copyright © Open Text Corporation. All rights reserved. Slide 12
- 14. Copyright © Open Text Corporation. All rights reserved. Slide 14
- 15. AIIM International Email Management ROI Calculator Copyright © Open Text Corporation. All rights reserved. Slide 15
- 16. Per Custodian Volume Based Cost Per GB Collection Processing Review Storage Per Page Per Document Volume Related Risk Errors and omissions Spoliation and Smoking Guns Time pressures Slide 16 Slide 16 Copyright © Open Text Corporation. All rights reserved.
- 17. Compound Growth of Data IDC Enterprise Disk Storage Consumption Model report released Oct 25, 2008 Slide 17
- 19. The Impact of Disposition 61.7% CAGR predicted for unstructured data IDC Enterprise Disk Storage Consumption Model report released Oct 25, 2008 Slide 19
- 20. The Impact of Disposition 61.7% CAGR predicted for unstructured data IDC Enterprise Disk Storage Consumption Model report released Oct 25, 2008 Slide 20
- 21. The Impact of Disposition 61.7% CAGR predicted for unstructured data IDC Enterprise Disk Storage Consumption Model report released Oct 25, 2008 Slide 21
- 22. The Impact of Disposition 61.7% CAGR predicted for unstructured data IDC Enterprise Disk Storage Consumption Model report released Oct 25, 2008 Slide 22
- 23. Slide 23
- 24. Capture Index Classify Secure Retain Store Dispose Copyright © Open Text Corporation. All rights reserved. Slide 24
- 25. End-Users Slide 25
- 26. C-Suite Copyright © Open Text Corporation. All rights reserved. Slide 26
- 28. Slide 28
- 33. Similar to the EDRM, the IMRM could become a standard against which vendors position their products It also provides a good model to examine Open Text Archiving benefits Copyright © Open Text Corporation 2008 - 2009. All rights reserved. Slide 33
- 34. Copyright © Open Text Corporation. All rights reserved. Slide 34
- 35. Slide 35
- 36. eDiscovery in the Enterprise Use the Archive to Apply In-Place Litigation Holds Disposition of ESI must be suspended until all litigation holds are removed Search-based application of Litigation Hold Not All Content Lives in the Archive Search & Collection of content at risk in disparate Enterprise Sources is required Interface with content on Litigation Hold in the Archive Reduce the Volume of Content Sent for Review to Reduce Costs Cull on collect Cull content on hold prior to export Deduplicate and Process Content to further reduce costs Slide 36
- 37. Potential Cost Savings in eDiscovery Information Management Enterprise Content o Defensibly reduce the universe of 1 TB Preservation content in the Enterprise 500 GB Collection through disposition using Search Categorized 300 GB RM and Culled De-Dupe, o Reduce 200 GB Near De-Dupe eDiscovery and storage costs 75 GB Reviewed 15 GB Produced Slide 37
- 38. Potential Cost Savings in eDiscovery Information Management o Broad Enterprise preservation in Content Archive can 1 TB Preservation reduce risk of sanctions and 500 GB Collection adverse inference o Archived content Search Categorized 300 GB can be preserved and Culled at little to no cost De-Dupe, 200 GB Near De-Dupe o Preservation of uncontrolled 75 GB Reviewed content based on only relevant information 15 GB Produced Slide 38
- 39. Potential Cost Savings in eDiscovery Information Management Enterprise Content o Reduce or eliminate manual 1 TB Preservation collection o Reduce burden 500 GB Collection on IT Search Categorized o Reduce 300 GB and Culled dependency on De-Dupe, service providers 200 GB Near De-Dupe o Collect only 75 GB Reviewed relevant information 15 GB Produced
- 40. Potential Cost Savings in eDiscovery Information Management Enterprise Content o Use specialized search and 1 TB Preservation reporting capabilities to 500 GB Collection analyze and Search Categorized understand 300 GB content and Culled De-Dupe, o Defensibly further 200 GB Near De-Dupe reduce the content to be 75 GB Reviewed sent for review 15 GB Produced Slide 40
- 41. Potential Cost Savings in eDiscovery Information Management Enterprise o Eliminate Content duplicate documents while 1 TB Preservation maintaining chain of custody 500 GB Collection o Reduce the Search Categorized volume of 300 GB and Culled documents sent De-Dupe, for review 200 GB Near De-Dupe o Ensure 75 GB Reviewed documents are only reviewed once 15 GB Produced Slide 41
- 42. Potential Cost Savings in eDiscovery Information Management o Reduce or Enterprise eliminate Content processing costs 1 TB Preservation o Review is the single greatest 500 GB Collection cost associated to eDiscovery - Search Categorized 300 GB accounting for up and Culled to 80% of cost De-Dupe, 200 GB Near De-Dupe o Insourcing some review and 75 GB Reviewed develop strategic vendor relationships 15 GB Produced Slide 42
- 43. Copyright © Open Text Corporation. All rights reserved. Slide 43
- 44. What is the volume of litigation in the corporation? How much do we want to in-source? Do we have policies in place? Stakeholder buy-in? Do we have the internal expertise? Copyright © Open Text Corporation. All rights reserved. Slide 44
- 46. Copyright © Open Text Corporation. All rights reserved. Slide 46
Hinweis der Redaktion
- Legal Department budgets are shrinking (see CFO) and in-sourcing eDiscovery activities is a way for the Legal Department to do more with lessPressure at the CEO level to reduce the risk of huge costs and risks, including reputational riskLegal budget is the biggest source of uncontrolled operational spendInitially, Legal was forced to rely on expensive outside vendors (and many still do)More recently, the burden of collection and legal hold has been transferred to ITIT generally bears the greatest burden in responding to eDiscovery requestsThey are typically responsible for collection and preservation at the request of the legal departmenteDiscovery is an activity that is not part of the regular duties and planning cycles for IT
- JBGain Control of information growth through archiving and disposition - Discuss the requirement to classify what is a business record and what is transitoryIn-source eDiscovery activities to reduce costs - Defensibly Perform Litigation Holds to reduce risk of court fines and sanctions
- Now we can gain the benefits of archiving for a large volume of previously unmanagerd content
- Now we can gain the benefits of archiving for a large volume of previously unmanagerd content
- get rid of risk content, reduce storage costs AND most importantly reduce the amount of content that needs to be looked at for eDiscovery
- Only thing worse than having no policy if having policy that nobody follow
- get rid of risk content, reduce storage costs AND most importantly reduce the amount of content that needs to be looked at for eDiscovery
- Open Text Solutions Reduce the amount of content that has to be review by:1 - Reducing the over all amount of content in the enterprise through consistent application of RM/IM retention and disposition - this is the basis of Proactive eDiscovery2 - Search oriented Preservation and Collection - Targeted preservation and collection through Federated Search as opposed to whole-sale preservation and collection of information through imaging to hard drives, files shares, etc. 3 - Ability to deduplicate email, attachments, etc.
- Open Text Solutions Reduce the amount of content that has to be review by:1 - Reducing the over all amount of content in the enterprise through consistent application of RM/IM retention and disposition - this is the basis of Proactive eDiscovery2 - Search oriented Preservation and Collection - Targeted preservation and collection through Federated Search as opposed to whole-sale preservation and collection of information through imaging to hard drives, files shares, etc. 3 - Ability to deduplicate email, attachments, etc.
- Open Text Solutions Reduce the amount of content that has to be review by:1 - Reducing the over all amount of content in the enterprise through consistent application of RM/IM retention and disposition - this is the basis of Proactive eDiscovery2 - Search oriented Preservation and Collection - Targeted preservation and collection through Federated Search as opposed to whole-sale preservation and collection of information through imaging to hard drives, files shares, etc. 3 - Ability to deduplicate email, attachments, etc.
- Open Text Solutions Reduce the amount of content that has to be review by:1 - Reducing the over all amount of content in the enterprise through consistent application of RM/IM retention and disposition - this is the basis of Proactive eDiscovery2 - Search oriented Preservation and Collection - Targeted preservation and collection through Federated Search as opposed to whole-sale preservation and collection of information through imaging to hard drives, files shares, etc. 3 - Ability to deduplicate email, attachments, etc.
- Open Text Solutions Reduce the amount of content that has to be review by:1 - Reducing the over all amount of content in the enterprise through consistent application of RM/IM retention and disposition - this is the basis of Proactive eDiscovery2 - Search oriented Preservation and Collection - Targeted preservation and collection through Federated Search as opposed to whole-sale preservation and collection of information through imaging to hard drives, files shares, etc. 3 - Ability to deduplicate email, attachments, etc.
- Open Text Solutions Reduce the amount of content that has to be review by:1 - Reducing the over all amount of content in the enterprise through consistent application of RM/IM retention and disposition - this is the basis of Proactive eDiscovery2 - Search oriented Preservation and Collection - Targeted preservation and collection through Federated Search as opposed to whole-sale preservation and collection of information through imaging to hard drives, files shares, etc. 3 - Ability to deduplicate email, attachments, etc.
- As usual, companies beginthe process by determining the risk and poff-setting the cost saving benefitsRisk: Risk is often the biggest concern when a company considers in-sourcing. Many corporations feel that in-sourcing could increase their liability and risk of sanctions because if something goes wrong, they are more responsible. The reality, of course, is that if something goes wrong the corporation often bears much of the liability even if e-discovery is out-sourced. Are there people in-house with an ability to stay current with legal developments and new and emerging technologies?The risk of not doing it - the reliance on outside vendors who essentially are working on a business model that does not necessarily incent them to reduce the volume of content flowing through the eDiscovery process
- As usual, companies beginthe process by determining the risk and poff-setting the cost saving benefitsRisk: Risk is often the biggest concern when a company considers in-sourcing. Many corporations feel that in-sourcing could increase their liability and risk of sanctions because if something goes wrong, they are more responsible. The reality, of course, is that if something goes wrong the corporation often bears much of the liability even if e-discovery is out-sourced. Are there people in-house with an ability to stay current with legal developments and new and emerging technologies?The risk of not doing it - the reliance on outside vendors who essentially are working on a business model that does not necessarily incent them to reduce the volume of content flowing through the eDiscovery process