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Avoiding the Email Iceberg Sean Regan October 2008

Avoiding the Email Iceberg Sean Regan October 2008 . Data Definitions. From land, icebergs are “pretty…”. From sea, icebergs are “ pretty lethal .”. “Fun” Facts about Icebergs. Icebergs are made of fresh water 90% of an Iceberg is below water

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Avoiding the Email Iceberg Sean Regan October 2008

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  1. Avoiding the Email IcebergSean ReganOctober 2008

  2. Data Definitions

  3. From land, icebergs are “pretty…”

  4. From sea, icebergs are “pretty lethal.”

  5. “Fun” Facts about Icebergs • Icebergs are made of fresh water • 90% of an Iceberg is below water • 1600 icebergs drift southward past Newfoundland each year • Average age of the “ice” in an iceberg is ~12,000 years old • 680+ reported iceberg collisions since 1850 in North Atlantic

  6. Databases File Servers Email Servers IM Servers SharePoint “Fun” Facts about Unstructured Information • Soaring information volume • 52% Growth YOY • Legal Hold • 33% of e-discovery cases related to holds/spoliation • Time and cost of e-discovery • Cost of review 1400x cost of storage • What is being asked for • 77% of e-discovery requests are for e-mail or attachments

  7. Laptop Mobile Device Desktop/ Workstation File Server Email Server CDs Documents, Records, and Legal Holds • All Records are Documents • Not all Documents are Records • Legal Hold applies to both Documents and Records Documents Records Legal Hold Tape Subsystem Disc Subsystem

  8. E-Discovery e-Discovery Timeline

  9. E-Discovery Extend Retention Policies to Electronic Documents Find, Preserve, and Copy that data to some specific repository Lawyers! (if needed) Learn about all data that may be involved in preservation, e-Discovery Review all that data, with all the capabilities you might have at hand

  10. E-Discovery $$ Notifications, Manual Holds, Tape Freeze $$$Image extractions, De-duplication, passwords, … e-Discovery Timeline – Case 1 e-Discovery Timeline – Case 2 e-Discovery Timeline – Case 3 $$Tape restores, endpoint images, manual collection $$$$Document Coding & Review ($350 / hour!!) e-Discovery Timeline – Case n…

  11. Maturity of Legal Hold Practices Source: ITPolicyCompliance,com

  12. Steps to Improve Results Legal Practices to Improve Results • Notify employees of legal holds within one hour • Form cross-functional teams to respond within one day • Employee & enduser training on legal hold • Update retention program, policies & procedures for ESI IT Practices to improve results • Identify and gaps in procedural and technical controls • Indexing of ESI with retention and expiry • Converting of information to electronic format • Measure results more frequently Source: ITPolicyCompliance,com

  13. Policies: Legal Hold Process • Procedure for determining when a hold is triggered • Ability to preserve both ESI and paper documents • Joint responsibility between Legal, IT, and individual custodians • Ability to track, monitor, and enforce compliance • The litigation hold instructions should include: • Issuing party • Date issued • Scope of the instructions • Subject matter at issue • Types of records and any specific content covered • Locations and media under hold • Time frame relevant to the lawsuit

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