Proactive Information Management and eDiscovery

1. Proactive Information Management and eDiscovery Andrew M. Cohen, Esq. AGC and Vice President, Compliance Solutions

2. eDiscovery and Policy-Based Management of Information • eDiscovery, records management and security are colliding (sides of a coin) • Driven by costs and risks • Changes to the Federal Rules of Civil Procedure • Business imperative to do what we should have been doing all along – policy managing information and deleting it when it has no further value

3. Compliance Services • Vertical regulatory compliance • Information protection & security • Corporate policies and best practices Integrity Information Protection & Security Discovery & Litigation Preparedness Policy Management Good business practice – critical for organizations with private, proprietary and sensitive information Mitigate risk and expense through proactive and voluntary measures. Practical classification and “defensible deletion”. Audit Logs Records Management Retention Policy Management Information Rights Management Content Encryption Access Control Controlled Lifecycle Enforcement Security Accessibility Electronic Signatures Controlled Printing Enhanced Auditing SAFE Digital Signatures Digital Shredding Rendition Control Archiving eDiscovery Security Comprehensive Compliance Infrastructure COMPLIANCE INFRASTRUCTURE MULTIPLE CLIENT ACCESS POINTS RICH SET OF CONTENT SERVICES ALL CONTENT TYPES

4. Information Inventory Content Classification Pro-activeInformation Management Policy Enforcement Principles for Pro-active Information Management • Top-down inventory of your information assets • Prioritize: Identify areas of highest risk and concern • Simplify existing retention policies; incorporate reasonable, repeatable, cross-functional business process for retention, disposition, and discovery • Implement an enterprise information lifecycle management strategy broken into digestible pieces: • Build pro-active eDiscovery efficiencies into the IT infrastructure • Separate backups from archive • Continuous improvement

5. Record classification and retention • Non record content • Short retention • Enforced deletion • Referential/Productivity • Modest retention • Policy services • Record • Official business record • Longer term retention

6. Federal Rules (Over) Simplified • ESI • Transparency • Meet and Confer • Accessible v. Not Reasonably Accessible • Good Faith The rules are causing companies to do what they knew needed to be done all along – policy manage information, classify it, treat it as an asset, and then get rid of it when it has no further value because the failure to do so has become risky and expensive.

7. Source: www.edrm.net

8. Prod. Sets Concordance / Summation Scanning & Processing Prod Sets (copy) Review Sets (copy) Review Sets • Unmanaged • Sources of Data • Email • File Shares • Laptops • Paper • Other Systems Traditional Process – Flow of Data Data flow marked by inefficiencies, redundancy and lack of control . . . Handoff Collect Outside Vendor Production: Cover letter & responsive info. Legal / IT “Case Rooms” IT Infrastructure Outside Counsel Opposing Entities Corporation Outside Entities

9. Secure Matter Repository & Workflow Tools Attorneys Evolving eDiscovery EcoSystem & Model Longer Term, corporations will further leverage their matter vault and online enable that repository for legal review and possibly production . . . 1 2 3 Automated Search & Collection Tools Online Review Policy-Management Tools Legal Review Corporation Investigation & Initial Discovery Activity Outside & In-House Attorneys Investigators & In-House Lawyers