“Defensible RIM Disposal Leads To Effective Discovery Responses” presented by Rational Retention (RR) and Randy Kahn, an internationally recognized authority on the legal, compliance and policy issues of business information, electronic records and information technology. Join us for this information packed webinar on how to expand your current use of Alfresco by leveraging newest technology in text content classification to solve your retention, records management and e-discovery challenges. Currently the IDC predicts electronic data to grow at 48 times in the next decade of which 95% is currently unstructured data. Learn effective ways to preserve the documents you need to keep, delete the documents you don’t need and move the loose documents into the proper places – all without disrupting the way your end users work.

1. Defensible
RIM
Disposal
Leads
To
Effective
Discovery
Response
August
9th
2011
Randy
Kahn
Michael
McCreary
rkahn@kahnconsultinginc.com
mmccreary@rationalretention.com
847-­‐266-­‐0722
518-­‐489-­‐3000

2. Today’s
Speakers
Randy
Kahn
Randolph
A.
Kahn,
Esq.,
is
an
internationally
recognized
authority
on
the
legal,
compliance
and
policy
issues
of
business
information,
electronic
records,
e-­‐
business
processes,
and
information
technology.
As
founder
and
principal
of
Kahn
Consulting
Inc.,
Mr.
Kahn
advises
corporate
counsels,
information
management
and
information
technology
professionals
in
both
government
and
corporate
institutions
on
policy
issues
related
to
the
management
of
digital
information
and
electronic
records.
Michael
McCreary
Michael
McCreary
is
Rational
Retention’s
CEO.
He
has
deep
experience
working
at
the
intersection
of
business
and
technology
in
highly
regulated
and
litigious
environments.
Before
joining
RR
he
spent
12
years
at
PVizer,
most
recently
as
CIO
of
PVizer’s
Legal
and
Public
Affairs
divisions,
where
he
led
the
corporate
technology
strategy
for
e-­‐Discovery,
Security,
Privacy,
Records
and
Information
Risk
Management.
He
is
a
regular
speaker
and
writer
on
information
life
cycle
and
risk
management,
auto-­‐classiVication
and
e-­‐Discovery
preparedness.

3. What is The Problem
• IDC-1800 exabytes of new info in 2011
“I
dream
of
– 1 exabyte is 50,000 years of DVD movies
a
better
– 1800 = 90,000,000 years
tomorrow,
where
• What about old stuff?
chickens
• How much time to find needed info? for
can
cross
information? Less is more!
the
road
and
not
be
questioned
about
their
motives.”
“But
databases
frequently
turn
into
informa;on
dumps,
teeming
with
poorly
classified
or
outdated
informa;on.”
“Growth
at
McKinsey
Hindered
Use
of
Data,”
WSJ

4. Seeking a G’locks & 3 Lil Bears Solution
Current state of over-
retention is not good
I
used
to
be
indecisive.
Now
I'm
not
Need to aspire to have
sure.
less to manage
IDC
predicts
storage
will
increase
44
X
in
next
10
yrs.

5. Big is Only Part of Problem
More than a “big mountain problem”
– Control content creation According
to
– Management of storage Gartner,
Cloud
He
has
no
Services
will
be
enemies,
but
– Application of retention rules $102
billion
in
is
intensely
– Bad policy decisions 2012
disliked
by
– More systems
his
friends.
– Newer technologies & formats
– Outside centralized control
– Manage content in place
– Employees doing heavy lifting

6. Should We Let Employees Manage?
Employee Understanding of Responsibilities
25%
21%
20%
19%
49.7
percent
15%
of
all
15%
statistics
are
made
up
on
10%
9%
the
spot.
5%
0%
What
informa;on
needs
to
How
informa;on
should
be
Legal
Hold
and
E-­‐Discovery
The
impact
of
GRC
on
them
be
retained
retained
and
disposed
of
responsibili;es
"GRC, RIM and E-Discovery: State of the Industry,"
©2008, Kahn Consulting, Inc., www.KahnConsultingInc.com

7. Fix Problems Over the Lifecycle
Create
War
does
not
determine
Dispose Manage
who
is
right
-­‐
only
who
is
Information
left
Lifecycle
Preserve Store
Use

8. Don’t Create Just Because
Which activities does this statement apply to?
“Just because you can, doesn’t mean you should.”
1. Shopping
We
never
2. Eating
really
grow
3. Wrestling an alligator
up,
we
only
4. Retaining information
learn
how
to
act
in
public.
Ex. Unified Messaging
“Judge
Demands
a
Report
on
Destroyed
C.I.A.
Tapes”
New
York
Times

9. Failure to Manage Properly
“In
an
Aug.
15,
2005,
voicemail
messages
addressed
It
takes
a
big
to
company
salespeople…”
man
to
cry,
but
it
takes
a
“…the
document
written
by
Dr.
Geller
doesn’t
bigger
man
accurately
reVlect
the
company’s
position
in
2000.
In
fact,
it
was
not
Dr.
Geller’s
ultimate
view
either.
It
to
laugh
at
was
an
initial
draft
for
discussion
purposes.”
that
man.
Wall
Street
Journal
Deep
Thoughts
by
Jack
Handey
“Electronic
discovery
requires
litigants
scour
disparate
data
storage
mediums
and
formats
for
potentially
relevant
documents”
Harkabi
v.
SanDisk

10. Storage is Not Retention
Technology is not created equally
– Back-up is not retention
If
I
agreed
– Can the Cloud Fairy help me get my
with
you
stuff for this nice lawyer?
we'd
both
be
wrong
“More than 3 years after the Sept. 11 attacks, more than 120,000
hours of potentially valuable terrorist-related recordings have not
yet been translated …and computer problems may have led the
bureau to systematically erase some Qaeda recordings…[t]he
investigation found that limited storage capacities in the system
meant that older tapes had sometimes been deleted automatically
to make room for newer materials, even if the recordings had not
yet been translated” NY Times on 911 Commission

11. Use It or Lose It
• Retention is determined by a melding of
There's
a
law and business need
Vine
line
between
• Make sure it’s a real business need
cuddling
• Exterminate Packratitis
and
holding
• Evaluate how long business need really
someone
is
down
so
they
can't
Intelligence
Agencies’
Databases
to
Be
Linked
get
away.
“…
nearly
Vive
years
after
the
intelligence
community
was
rebuked
by
the
9/11
commission
for
failing
to
“connect
the
dots”
…[t]oday,
an
analyst’s
query
might
scan
only
5%
of
the
total
intelligence
data
in
the
U.S.
government…”
WSJ
2/22/09

12. Preservation the Right Way
Which
approach
to
litigation
preservation
makes
most
sense?
A.
At
the
Virst
sign
of
trouble,
destroy
everything,
the
knucklehead
lawyers
will
never
Vigure
it
out.
Do
not
B.
At
the
Virst
sign
of
trouble,
take
a
protracted
vacation
argue
with
to
some
far
away
exotic
destination.
an
idiot.
He
C.
At
the
Virst
sign
of
trouble,
preserve
everything
on
will
drag
every
systems
and
Vigure
out
what’s
relevant
a
couple
years
from
you
down
to
now
if
you
need
to.
his
level
and
D.
Soon
after
getting
notice
of
a
lawsuit,
audit
or
beat
you
investigation
make
reasonable
efforts
to
determine
who
has
potentially
relevant
information
so
you
can
Vind,
secure
and
with
segregate
it
for
possible
production.
experience.
“Fluor's e-mail retention policy provided that backup tapes were
recycled after 45 days. If Fluor had followed this policy, the e-
mail issue would be moot. Fluor does not explain why, but it
maintained its backup tapes for the entire 14-month period.”
Murphy Oil v. Fluor Daniel

13. Clean Up the Junk The Right Way
• Assess
• Develop
Plan
(with
IT
and
Legal)
A
bartender
is
just
a
• Dispose
“low
hanging
fruit”
pharmacist
• Use
technology
not
employees
with
a
limited
• Dispose
because
you
can
inventory.

14. Conclusions
The
last
1. Be
serious
about
the
lifecycle
thing
I
want
2. Clean
up
the
past
to
do
is
hurt
3. Evaluate
one
time
clean
up
“policies”
you.
But
it's
4. Apply
rules
to
all
stuff
going
forward
still
on
the
list.
5. Leaner
is
more
efVicient
Rightsize
Your
Information
Footprint
Randolph Kahn
rkahn@KahnConsultingInc.com

15. What
is
the
solu,on?
Support
for
both
informa;on
lifecycle
management
&
discovery
response
ILM
Discovery
Response
• Mange
in
place
• No;fica;ons
• Full
visibility
• Prevent
• Policy
destruc;on
enforcement
• Hold
in
place
• Doc
Mgmt
• Collect
and
review
• Records
Reten;on
• Deep
analy;cs
Auto
Classifica-on

16. Auto
Classifica,on
..
is
the
use
of
machine
learning
based
tools
to
automa;cally
analyze
the
content
of
a
document
and
assign
categories
for
use
in
reten;on,
discovery
or
knowledge
management.
Support
Vector
Machines
–
Rational
Retention's
auto
classiVication
engine
(ACE)
is
built
on
SVM
-­‐
Since
its
invention,
SVM
has
gained
wide
acceptance
in
the
scientiVic
community
as
the
most
effective
method
for
text
classiVication.

17. How
RR
Works
–
Iden,fica,on
1. Enterprise
data
sources
are
connected
by
agents
2. Document
text
&
metadata
is
sent
to
RR
server
Enterprise
Data
RR
Agents
PC’s
&
File
Shares
Indexing
Text
&
Meta
Auto-­‐categoriza;on
RR
Agents
Data
Extracted
E-­‐Mail
Disposi;on
Policies
Ra,on
Reten,on
Server
RR
Agents

18. How
RR
Works
–
ILM
/
Policy
Ac,ons
1. At
the
end
of
WIP
period:
2. Non
records
are
destroyed
3. Records
are
moved
to
long
term
storage
in
Alfresco
Enterprise
Data
RR
ECM
Server
Server
Destroy
Lifecycle
Ac;ons
Archive
or
Copy
Moved

19. How
RR
Works
-­‐
Discovery
Response
Hold
&
Collect
1. Holds
and
collec,ons
are
issued
by
an
administrator
2. Enforced
by
the
agents
Administrative
Desktops
&
User
File
Shares
RR
Agents
Ra,onal
Reten,on
Server
Record/Document
Management
&
E-­‐mail

20. Recommenda,ons
Establish
a
• Informa;on
Lifecycle
Management
Records
&
• E-­‐Discovery
Preparedness
Informa;on
• Include
IT,
Legal,
Records
&
the
business
Management
• Establish
realis;c
and
ac;onable
policies
and
records
schedules
program
• Auto
classifica;on
is
key
Leverage
• Don’t
over
retain,
e.g.,
archiving
• Implement
ECM
(Alfresco)
Technology
• Integrate
Ra;onal
Reten;on

21. Ques,ons