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Surviving eDiscovery: Technology Firm Perspective

Surviving eDiscovery: Technology Firm Perspective. Robert A. Cruz Sr. Director, eDiscovery Solutions, Proofpoint, Inc. Proofpoint: Enterprise-Class , Cloud-Enabled Solutions. Data Loss Prevention Ensure external requirements and internal policies are met. Email Threat Protection

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Surviving eDiscovery: Technology Firm Perspective

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  1. Surviving eDiscovery: Technology Firm Perspective • Robert A. Cruz • Sr. Director, eDiscovery Solutions, Proofpoint, Inc.

  2. Proofpoint:Enterprise-Class, Cloud-Enabled Solutions Data LossPrevention Ensure externalrequirements andinternal policiesare met Email ThreatProtection Protect the infrastructurefrom outside threats Cloud-Enabled Deployments SaaS, on premises, virtual appliances, hybrid Archiving andeDiscovery Enable search,eDiscovery, storagemanagement andcompliance SecureCommunication Encrypt emailsand send largeattachments securely

  3. eDiscovery • 53% of companies spent more than $1M in 2009 on litigation • Email typically represents between 60-85% of all data per legal matter • Move toward in-house eDiscovery shifts problem • New obligations placed on internal IT and legal teams • IT and legal departments often disconnected in identifying solutions for cost and risk management Litigation is a growing concern Email is the largest target for eDiscovery Email archiving impacts discovery cost and risk

  4. eDiscovery Is a Matter of Perspective “Simple requests take forever” “I don’t know if I can trust what I get back…is it everything? Was anything changed?” “I have to go back several times to get the right results” “They want everything yesterday” “I’m expected to drop everything to serve legal but I have a real job” “I get vague instructions then complaints about the results

  5. Disconnects • Who sets data retention policy? • What processes should be brought in house? • Invest in tools, services, or build processes? • Criteria for selection? • Tools: ease of use vs. IT leverage? Typical IT and Legal Disconnects IT Dept Legal Dept • Problem: Litigation disrupts normal ops • Solution: Find tools to address problem • Goals: Fulfill legal requests more efficiently • Concerns: How can I manage tools within IT fabric with low TCO, scalability, security? • Problem: Litigation growing, budgets shrinking • Solution: Gain better control of process, bring more in-house • Goals: Manage risk and control cost • Concerns: How can we build a defensible process?

  6. The Consequences: Lack of Automation Significantly Impact eDiscovery Expense Back-up tape restoration expense per typical legal matter: $230K PST and imaged hard drive expense per typical legal matter : $50K ‘Typical’ Legal Matter • Planning: $25K • Collections: $50K • Processing: $100K • Legal Review: $900K(40GB @ $250/hr & 60 docs reviewed per attorney hour) • Hosting: $40K • Project Management: $50K Average Cost: $1.5M “Typical” = 100GB of collected ESI, 20 custodians, case duration of 1 year, Avg. Cost per Fulbright & Jaworski

  7. Best Practices: eDiscovery PROBLEM BEST PRACTICE

  8. Key Takeaways • Litigation is increasing and expensive – with potentially severe consequences for doing it wrong • Managing email is critical to eDiscovery • Establishing and enforcing email retention policy remains challenging by conflicting stakeholder interests • But provides significant opportunity for payback • Proactive management of eDiscovery includes processes, tools, and training

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