Tapes 101 April, 2013

1. Tapes 101April, 2013

2. Agenda – Discussion Points • About Us – The Oliver Group (TOG) • Business profile, markets served, etc. • TOG Core Services • Case Law • Media Related Services • Preservation - Cataloging • Media Format • Backup Software • Restoration Processes • Typical Email Platforms • Issues and Trends • Summary • Q&A • Bio Question during the presentation? Email: tapes101@the-olivergoup.com

3. About Us The Oliver Group provides focused expertise in helping clients navigate through the early stages of the electronic discovery process. For more than a decade, we have provided expert services in support of many high profile litigation and compliance related matters. Our clients include leading litigation support service providers, law firms and corporations. With facilities in Connecticut (US) and London (UK) we offer the following services on a global basis: This document contains descriptions of proprietary processes and proprietary information prepared by The Oliver Group. Duplication or disclosure of the information contained herein is prohibited without the express written permission of The Oliver Group. Question during the presentation? Email: tapes101@the-olivergoup.com

4. About Us • Independently Owned • 15+ years providing early stage ESI Discovery Services • Key Principles and Philosophies • FOCUS on core competencies • Creative solutions for litigation support matters • Sound, expert technology employed to meet LEGAL market requirements • Client service is paramount and flexibility and nimbleness are critical market requirements • Scalable and Customizable Infrastructure (tape libraries/drives, storage, and servers) to manage multiple, simultaneous, matters of varying size and scope • 35+ Employees (NY, CT, NC, AL, London) Question during the presentation? Email: tapes101@the-olivergoup.com

5. TOG Core Services • Data Acquisition & Forensics • Globally • Media Related Services • Tape Restoration, Cataloging, Preservation • Onsite & Offsite • Data Conversion • GroupWise experts, range of other services and conversions • Data Processing • First pass, efficient Culling • De-duplication, Date Filtering, Keyword Searching • Professional Services • Around all adjacent services Question during the presentation? Email: tapes101@the-olivergoup.com

6. Backup Tape Case Law • Kipperman v. Onex Corp. (N.D. Ga. May 27, 2009) • A fraud action, disputed whether defendants were obligated to search and produce documents from existing backup media. • Rulings related to ESI focused on cost shifting – defendants would pay for a limited search and plaintiffs would designate tapes and keyword • Tapes were restored and searched • Best Buy Stores, LP v. Developers Diversified Realty Corp. (D. Minn. Feb. 1, 2007) • A discovery dispute where defendants appealed district court order to produce ESI from backup tapes as time and cost prohibitive • Defendants claimed that technological constraints beyond their control rendered compliance impossible • District court upheld lower courts decision that defendants offered no proof, other than their conclusory statements about the cost to obtain documents • Court ruled that cost statements cannot shield the defendant from discovery – Defendants were ordered to produce documents from backup tapes Question during the presentation? Email: tapes101@the-olivergoup.com

7. Backup Tape Case Law cont. • Shirk v. Fifth Third Bancorp, 2008 U.S. Dist. (S.D. Ohio Sept. 26, 2008). • Court initially ordered restoration of specific backup tapes responsive to the date range in question (2 years) • During restoration process, defendant identified additional tapes made during the date range but did not restore or produce documents from these tapes • Court did not excuse defendant from not producing documents from these tapes and second order included restoration and production from said tapes. • Puckett v. Tandem Staffing Solutions, Inc., 2007 U.S. Dist. (N.D. Ill. June 27, 2007). • Defendant produced hard copies of documents that were duplicative of data residing on backup tapes • Court ordered defendant to restore backup tapes despite having produced hard copies because defendant's usual course of business was to maintain documents in their electronic format. Question during the presentation? Email: tapes101@the-olivergoup.com

8. Media Services – Key Elements • Preservation - Cataloging • Media Format • Backup Software • Restoration Processes • Email, File Server or Both • Native and Non-Native • Raw Data • Typical Email Platforms • Issues and Trends Question during the presentation? Email: tapes101@the-olivergoup.com

9. Media Preservation & Cataloging • Preservation • Tape duplication to like media • No need for cataloging or restoration • Cataloging • Reporting of tape contents • Utilizes backup software reporting • Backup software dependent • High Level • Media ID/Barcode; Backup Set #; Type (Full/Differential/Incremental); Backup Date/Time; Operating system • Low Level • For File server and NSFs, verbatim listing of folders and files • For Exchange, may have EDB names • Catalog service • Consultation around sampling, tape contents, selective restores Question during the presentation? Email: tapes101@the-olivergoup.com

10. Media Formats Removable Media IDE Hard Drive USB VD CDs and DVDs Floppy- all formats SCSI drives Giga Stor VHS Jaz Drives- all Optical disks Others Tape DLT/SDLT - all formats LTO 1, 2, 3, 4 4mm and 8mm AIT- all DAT- all formats 9840, 9940 X, 3590 X, 3840 Others Question during the presentation? Email: tapes101@the-olivergoup.com

11. Backup Software • Standard Backup Software • BackupExec • ArcServe • Omniback • NT Backup (.bkf files) • Enterprise Level Backup Software • NetBackup • Legato • Tivoli (TSM) • More Complex Backup Software/Source Technologies • CommVault • AS400 • NDMP Protocol • Other mainframe systems and backup software solutions Question during the presentation? Email: tapes101@the-olivergoup.com

12. Media Restoration Process Native Restoration (TOG standard approach) Native restoration is a scalablemethodology that replicates the underlying technologies (backup software, operating system etc.) that existed at the corporation (at the point of backup). • Why Native: • Many clients (who explore various methodologies) demand it • Defensibility is their key driver • Comprehensive restoration – may only need to restore once • Traceable – chain of custody • Tools used are those approved and utilized by client IT staff • Cost control and risk mitigation issues • Create full catalogs using native backup technology • Ability to build a database of key fields without full restoration • Dumpster items (double-deleted items) in Exchange • Less common email formats handled natively • Issues: • Project initiation may take longer as environment is built out • Some backup formats may require specific, detailed information to perform a native restoration. Question during the presentation? Email: tapes101@the-olivergoup.com

13. Media Restoration Process Non-Native (a secondary approach TOG employs) Non-native restoration is a methodology that uses software that is designed to index data or rip Exchange databases from tapes for further extraction or processing. • Why Non-Native: • Can be a more efficient (fast) methodology in certain cases • Sequencing of tapes is less critical • Initial set up time is less time consuming (not replicating the environment) • Good approach if underlying issue is disaster recovery/operational requests • Some clients shy away from non-native for litigation or external investigation • Tape indexing can be a useful approach for internal assessments, initial sampling, etc. • Best available approach when native restoration cannot be utilized • Issues: • Some clients will not allow a non-native approach if a native approach can be utilized. • Defensibility concerns – especially for litigation or external inquiries • No requirement for sequencing can create risk of missing a tape(s) • Reliance on third party software for traceability of approach • Consider array of software, versions, customizations that exist, release upgrades, etc. • Clients have expressed concerns for tape level (rather than custodian based) indexing and risks of over production. Question during the presentation? Email: tapes101@the-olivergoup.com

14. Email Formats • MSExchange • EDB Restores • Common to find multiple EDB’s per tape and tape sets • Majority of clients require key custodian email to be delivered as PST formatted data • Native Microsoft tools used to extract data • Snapshots • Backups made offline • Require specific information to restore • Brick Level Backups • Mailboxes stored outside of the Exchange database • Require additional steps prior to extraction from the environment • Lotus Notes • Backed up as flat files or using an Agent – which drives the methodology of restoration Question during the presentation? Email: tapes101@the-olivergoup.com

15. Email Formats • GroupWise • Post Office • Each custodian instance must be converted to PST • Thorough QC to ensure that all messages have been converted • Clients can opt to have TOG retrieve and deliver variance messages • Option to date filter in GW prior to conversion to PST • HTR/Remote/Archive • Require GW environment build and then conversion of each mailbox to PST • Others: • Gmail – Content - Attachment location • Yahoo Mail – Web Mail vs POP3 • Incredimail – Attachment location • Eudora – Attachment location • Hotmail – Web Mail • Mac Mail – Cross Platform Conversions • Entourage – Cross Platform Conversions Question during the presentation? Email: tapes101@the-olivergoup.com

16. Issues and Trends • FRCP – Continuing discussions about “inaccessible” v. “accessible” • International requirements • More Enterprise level backup environments (NetBackup, Tivoli, Legato) • Distributed backups to tape • Security of transport and storage • Onsite preservation, etc. • Larger capacity media formats • Corporations have upgraded to higher capacity formats • Decreases physical off-site storage footprint • Store large datasets that are on litigation hold on tape • Effectively utilize the enterprise backup software • Multiple instances reside on each tape – Volume can be significant (up to 1.6 TB and growing) • Targeted restoration (one or more instances only restored) can be performed • Encryption • Financial & other highly scrutinized industries • Multiple ways to encrypt • Tape remediation challenges • Post acquisition or result of poor historical processes – requires close consultation • Inventory – Catalog – Remediate - Selectively Restore (sample) Question during the presentation? Email: tapes101@the-olivergoup.com

17. Summary • Backup – Restoration: Never going away • ATL to VTL • VTL to ATL • Retention Rules • New Tape Technology • Litigation – Compliance – Disaster Recovery • Backup Tape Industry Booming • New Technologies – LTO-7/8 Question during the presentation? Email: tapes101@the-olivergoup.com

18. Q&A • Open • Responses to questions received from tapes101@the-olivergroup.com • Additional information: • www.the-olivergroup.com • 860-599-9760 • info@the-olivergroup.com • Or contact your sales manager. Question during the presentation? Email: tapes101@the-olivergoup.com

19. Dean M. Felicetti Joining The Oliver Group as a Partner in 2001, Dean Felicetti further extended the company's electronic discovery expertise. With more than a decade of electronic discovery technology and business development experience, Dean has been integral in establishing The Oliver Group as a global market leader. Dean held various technology and management positions early in his career before joining Ibis Consulting a start-up electronic discovery firm in 1996. As Chief Technology Officer at Ibis, Dean was responsible for all aspects of the technology build out and process development for what became an industry best, proprietary, electronic data discovery processing service bureau while setting company direction as a member of the executive management team. Since joining The Oliver Group, Dean has applied an in-depth understanding of defensible processes and technologies to help TOG and our clients. With a primary focus on client relationships, Dean has consulted on hundreds of matters resulting in client success through best practice approaches. Dean has been instrumental in the growth of The Oliver Group's strategic alliance program, and continues to develop new business opportunities and client relationships. A member of the senior management team, Dean is also a licensed private investigator.