Enterprise Vault & e-discovery

Transcription

1 Enterprise Vault & Enterprise Vault & e-discovery e-discovery Tim Faith Attorney At Law Tim Faith Attorney At Law Saturday, May 30,

2 Agenda Agenda Implementing Symantec Enterprise Vault Implementing Symantec Enterprise Vault Customer Perspective on Use of the Vault Customer Perspective on Use of the Vault e-discovery in Maryland & Enterprise Vault e-discovery in Maryland & Enterprise Vault Saturday, May 30,

3 Bio Bio Maryland Attorney, admitted to practice in Maryland Attorney, admitted to practice in Director of IT department at Chase Brexton Director of IT department at Chase Brexton Worked in IT for over 10 years; implemented a Worked in IT for over 10 years; implemented a number of enterprise applications for a busy number of enterprise applications for a busy Maryland health center Maryland health center (p) , (e) tfaith75@gmail.com (p) , (e) tfaith75@gmail.com Saturday, May 30,

4 Implementation Implementation Implemented in 2008 at CBHS for 200 users/ Implemented in 2008 at CBHS for 200 users/ 350 mailboxes on Exchange mailboxes on Exchange 2003 Migrated about 20 GB of.pst files Migrated about 20 GB of.pst files Substantially reduced overall mail box size for Substantially reduced overall mail box size for our key users our key users Generally a successful project for our Generally a successful project for our organization organization Saturday, May 30,

5 Implementation (2) Implementation (2) Installed dedicated server for Enterprise Vault Installed dedicated server for Enterprise Vault in our VM environment; separate virtual disks in our VM environment; separate virtual disks for data storage and indexing for data storage and indexing Configured policies for mailbox archive, Configured policies for mailbox archive, retention periods, schedule retention periods, schedule Also implemented file server archive process, Also implemented file server archive process, pst migration tool pst migration tool Saturday, May 30,

6 Customer Perspective Customer Perspective Enterprise Vault is a reliable information Enterprise Vault is a reliable information system system Integrates with Exchange and Outlook so you Integrates with Exchange and Outlook so you really can t tell it is in use really can t tell it is in use Provides a useful search engine for archived Provides a useful search engine for archived mail, files mail, files Addresses space problems for Exchange servers Addresses space problems for Exchange servers Saturday, May 30,

7 e-discovery in Maryland e-discovery in Maryland Maryland Rules were amended in 2008 to Maryland Rules were amended in 2008 to address e-discovery address e-discovery Maryland Rules follow the more aggressive Maryland Rules follow the more aggressive federal rules for discovery of electronic federal rules for discovery of electronic materials materials Enterprise Vault can help to comply with Enterprise Vault can help to comply with discovery requests during litigation discovery requests during litigation Saturday, May 30,

8 Big Picture Big Picture Maryland Rules on e-discovery are broader Maryland Rules on e-discovery are broader than just than just Need to analyze what electronic systems are in Need to analyze what electronic systems are in use, and how to ensure compliance with use, and how to ensure compliance with potential discovery requests potential discovery requests Enterprise Vault is part of a solution, but you Enterprise Vault is part of a solution, but you may need additional tools to produce e- may need additional tools to produce e- documents documents Saturday, May 30,

9 Thought Experiment Thought Experiment Consider all the information systems in your Consider all the information systems in your organization organization Consider the number of computer systems, Consider the number of computer systems, backup tapes, and other media where backup tapes, and other media where information can be stored information can be stored Consider the procedures for backing up data, Consider the procedures for backing up data, retaining copies, and the locations of those retaining copies, and the locations of those backup copies backup copies Saturday, May 30,

10 Thought Experiment (2) Thought Experiment (2) How do you stop the deletion of data that may How do you stop the deletion of data that may be relevant to a potential case? be relevant to a potential case? How do you gather up all the copies of data How do you gather up all the copies of data that might be relevant to a case? that might be relevant to a case? How will you review this data to determine if How will you review this data to determine if relevant? relevant? How will you extract and provide this data to How will you extract and provide this data to the other side if requested via discovery? the other side if requested via discovery? Saturday, May 30,

11 Discovery in Litigation Discovery in Litigation Litigation begins with complaint, but you may Litigation begins with complaint, but you may need to identify the point in time when you need to identify the point in time when you could reasonably anticipate that litigation could reasonably anticipate that litigation would ensue would ensue Parties have the right to discover information Parties have the right to discover information from each other to support claims or defenses from each other to support claims or defenses Discovery can include depositions, Discovery can include depositions, interrogatories, and production of documents interrogatories, and production of documents Saturday, May 30,

12 Discovery Discovery Discovery requests need to be honored or you Discovery requests need to be honored or you risk sanctions risk sanctions A party cannot discover privileged documents, A party cannot discover privileged documents, and must show substantial need if seeking and must show substantial need if seeking work product work product Orders by the trial judge on discovery are Orders by the trial judge on discovery are almost never appealable, so you are at the almost never appealable, so you are at the mercy of the court and should proceed mercy of the court and should proceed accordingly accordingly Saturday, May 30,

13 Attorney s Role Attorney s Role Attorneys for the parties may agree at Attorneys for the parties may agree at scheduling order what keywords will be scheduling order what keywords will be searched to identify relevant electronic searched to identify relevant electronic documents documents Responding attorney to review the relevant Responding attorney to review the relevant documents before turning them over - or - claw documents before turning them over - or - claw back agreement if privileged document turned back agreement if privileged document turned over unintentionally to other side over unintentionally to other side Ensure compliance with discovery requests Ensure compliance with discovery requests Saturday, May 30,

14 Electronically Stored Electronically Stored Information Information Rule allows for discovery of Rule allows for discovery of electronically stored information electronically stored information Committee note clarifies that this phrase Committee note clarifies that this phrase encompasses, without exception, whatever is encompasses, without exception, whatever is stored electronically stored electronically 2-402(b)(2) allows for not producing digital 2-402(b)(2) allows for not producing digital documents that would cost substantially more documents that would cost substantially more than their value, but tough to win this than their value, but tough to win this argument (and if lost, not likely appealable) argument (and if lost, not likely appealable) Saturday, May 30,

15 Responding to Requests Responding to Requests Objectives for responding to e-discovery are: Objectives for responding to e-discovery are:?return reasonably related documents return reasonably related documents requested, requested,?do not turn over privileged documents, do not turn over privileged documents,?make a good faith effort to respond to make a good faith effort to respond to discovery requests, and discovery requests, and?avoid sanctions avoid sanctions Saturday, May 30,

16 Litigation Hold Litigation Hold Know or should have known of potential Know or should have known of potential litigation - point in time to preserve documents litigation - point in time to preserve documents Litigation hold procedures to prevent the Litigation hold procedures to prevent the destruction of potentially relevant documents destruction of potentially relevant documents Follow-up by counsel to ensure that data not Follow-up by counsel to ensure that data not subsequently lost to litigation hold - potentially subsequently lost to litigation hold - potentially via a technology solution via a technology solution Susceptible to sanctions for not complying Susceptible to sanctions for not complying Saturday, May 30,

17 Lessons from Litigation Lessons from Litigation Don t certify a discovery response if there are Don t certify a discovery response if there are more backup tapes to produce (Coleman v. more backup tapes to produce (Coleman v. Morgan Stanley) Morgan Stanley) No undue burden to retrieve files on active No undue burden to retrieve files on active hard drives (Zubulake v. UBS) hard drives (Zubulake v. UBS) Instant messages can be discovered from a Instant messages can be discovered from a non-party IM service provider (Fla! v. City of non-party IM service provider (Fla! v. City of Detroit) Detroit) Saturday, May 30,

18 Lessons Learned (2) Lessons Learned (2) Don t maintain an endless array of backup Don t maintain an endless array of backup tapes - have a policy on data retention tapes - have a policy on data retention Suspend data retention policy, however, if Suspend data retention policy, however, if litigation hold in place for certain users or litigation hold in place for certain users or datasets datasets Courts are not sympathetic to the fact that e- Courts are not sympathetic to the fact that e- discovery can be expensive, but if unduly discovery can be expensive, but if unduly expensive, may be able to shift costs to other expensive, may be able to shift costs to other side side Saturday, May 30,

19 Sanctions Sanctions Rule provides for serious sanctions for Rule provides for serious sanctions for not responding to discovery requests or acting not responding to discovery requests or acting in bad faith in bad faith Includes game over on facts or claims, Includes game over on facts or claims, attorney s fees, monetary sanctions attorney s fees, monetary sanctions Saturday, May 30,