Transcript (New Tier 1 Product Name)

Proactive Information Management and
eDiscovery
Andrew M. Cohen, Esq.
AGC and Vice President, Compliance Solutions
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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
EMC Corporation
Copyright 2006. All Rights Reserved.
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Comprehensive Compliance Infrastructure
Integrity
Compliance Services
 Vertical regulatory compliance
Policy
 Information
protection & security Information
Management
Protection &
 Corporate policies and best practices
Security
Practical classification
and “defensible deletion”.
Controlled
Lifecycle
Enforcement
Audit Logs
Records
Management
Electronic
Signatures
Controlled
Printing
Enhanced
Auditing
Discovery
Security &
Litigation
Preparedness
Good business practice –
critical for organizations
with private, proprietary
and
sensitiveInformation
information
Retention
Accessibility
Mitigate risk and
expense through
proactive and voluntary
measures.
Policy
Management
Rights
Management
Security
Content
Encryption
Access Control
SAFE Digital
Signatures
Digital
Shredding
Rendition
Control
Archiving
eDiscovery
COMPLIANCE INFRASTRUCTURE
MULTIPLE CLIENT ACCESS POINTS
RICH SET OF CONTENT SERVICES
ALL CONTENT TYPES
EMC Corporation
Copyright 2006. All Rights Reserved.
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Principles for Pro-active Information Management
Information
Inventory
Content
Classification
Pro-active
Information
Management
Policy
Enforcement
 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
EMC Corporation
Copyright 2006. All Rights Reserved.
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Record classification and retention
 Non record content
– Short retention
– Enforced deletion
 Referential/Productivity
– Modest retention
– Policy services
 Record
– Official business record
– Longer term retention
EMC Corporation
Copyright 2006. All Rights Reserved.
5
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.
EMC Corporation
Copyright 2006. All Rights Reserved.
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Source: www.edrm.net
EMC Corporation
Copyright 2006. All Rights Reserved.
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Traditional Process – Flow of Data
Data flow marked by inefficiencies, redundancy and lack of control . . .
Review Sets
(copy)
Prod Sets
(copy)
Handoff
Collect
Scanning &
Processing
Outside Vendor
Unmanaged
Sources of Data
• Email
• File Shares
• Laptops
• Paper
• Other Systems
Review Sets
Prod. Sets
Concordance /
Summation
IT Infrastructure
Legal / IT
“Case Rooms”
Corporation
EMC Corporation
Copyright 2006. All Rights Reserved.
Production: Cover
letter & responsive info.
Outside Counsel
Outside Entities
Opposing
Entities
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Evolving eDiscovery EcoSystem & Model
Longer Term, corporations will further leverage their matter vault and
online enable that repository for legal review and possibly production . . .
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Policy-Management
Tools
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Automated
Search &
Collection Tools
Secure Matter
Repository &
Workflow Tools
Attorneys
Online
Review
Legal
Review
Corporation
Investigation &
Initial Discovery Activity
Investigators &
In-House Lawyers
EMC Corporation
Copyright 2006. All Rights Reserved.
Outside & In-House
Attorneys
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