Reducing ediscovery Cost and Risk with Intelligent Information Governance Dean Gonsowski, Esq.

Transcription

1 Reducing ediscovery Cost and Risk with Intelligent Information Governance Dean Gonsowski, Esq. Sr. ediscovery Counsel, Symantec

2 Today s Speaker Dean Gonsowski, Esq. Mr. Gonsowski is the Sr. ediscovery Counsel at Symantec. He is a member of The Sedona Conference Working Group on Electronic Document Retention and Production (WG1), the Electronic Discovery Reference Model (EDRM) and teaches a series of continuing legal education (CLE) courses on various ediscovery topics. He has contributed articles to a number of leading industry publications including: Business Week, Corporate Counsel, ILTA Peer to Peer, Inside Counsel and the Legal Tech Newsletter. 2

3 1 Information Risk 2 ediscovery Basics 3 Information Governance 4 An ediscovery User Case 5 Sample Customers ediscovery Subject Matter Experts 3

4 Top Information Risk Categories Data Security Zappos recently had 24 million of its customer accounts hacked, including customer s names, addresses, addresses, phone numbers, the last four digits of credit card numbers and cryptically scrambled passwords The cost to businesses of unintentionally exposing corporate information climbed 7 percent last year to over $7 million per incident Regulatory/Statutory Compliance The Department of Justice received more than $1 billion in 2011 from criminal antitrust offenders, including criminal fines and more than $500 million in restitution, penalties, and disgorgement, which was an increase of more than 78% Electronic Discovery The average cost of electronic discovery in litigation has climbed to more than $1.5 million per matter and 90% of US corporations are engaged in litigation The average company with revenue exceeding $1 billion dollars averages 147 simultaneous lawsuits E-Discovery related sanction awards have nearly doubled in the past 12 months IIG WW Kick-off: Information Governance 4

5 1 Information Risk 2 ediscovery Basics 3 Information Governance 4 An ediscovery User Case 5 Sample Customers ediscovery Subject Matter Experts 5

6 What is ediscovery? The Formal Process for Exchanging Information Between Parties Involved In Civil Lawsuits (Litigation) But. Civil Lawsuits Government Investigations Internal Investigations Public Record Requests Corporate Legal Departments and Law Firms DOJ, SEC, FDA, FTC, FBI, etc. Companies/ Corporations Federal, State & Local Government Case Examples Employment Insider Trading Harassment FOIA Intellectual Property Options Backdating Discrimination State Records Acts Products Liability Tainted Food/Drugs IP Theft Environmental Environmental Mergers/Acquisitions Fraud Budgetary Contract Disputes Bribery/Corruption Money Laundering ediscovery Subject Matter Experts 6 6

7 Know the EDRM The Electronic Discovery Reference Model (EDRM) Preservation Processing Information Management Identification Collection Review Production Analysis Symantec Enterprise Vault Clearwell ediscovery Timeline ediscovery Subject Symantec Matter Archiving Experts and ediscovery 7 7

8 ediscovery is Expensive It costs about 20 /day to buy 1GB of storage. However, it costs around $3,500 to review 1GB of storage AIIM The total costs per gigabyte reviewed were generally around $18,000. Rand Survey And, Review is only part of the equation (at 73% of overall ediscovery costs). Processing is 19% and Collection is 8% of the total cost burden. ediscovery Subject Matter Experts 8

9 And, Risky Spoliation of evidence is: the intentional or negligent withholding, hiding, altering, or destroying of evidence relevant to a legal proceeding. The Court's authority to sanction a party for failing to preserve documents is both inherent and statutory (FRCP 37) The most severe sanctions, such as entry of default judgment or criminal punishment, are generally reserved for the intentional destruction of digital evidence. The penalties for negligent spoliation include fines, attorneys' fees, as well as the dreaded spoliation inference ediscovery Subject Matter Experts 9

10 1 Information Risk 2 ediscovery Basics 3 Information Governance 4 An ediscovery User Case 5 Sample Customers ediscovery Subject Matter Experts 10

11 Data Explosion Exacerbates the Problem Worldwide Data Growth Exabytes by year 7,910 Worldwide E-Discovery Spend $ Millions 1, Source: The Digital Universe, IDC, June 2011 Source: 6 th Annual Electronic Discovery Survey Socha-Gelbmann, 2008 IIG WW Kick-off: Information Governance 11

12 Example: Social Media BIGGEST COSTS Reduced Stock Price $4,292,897 Litigation Costs $650,361 Direct Financial Cost $641,993 Damaged Brand/Trust $638,496 Lost Revenue $619,360 Cost of social media incidents $4,292,897 Past 12 Months IIG WW Kick-off: Information Governance 12

13 Information Governance Defined A comprehensive program of controls, processes, and technologies designed to help organizations maximize the value of information assets while minimizing associated risks and costs. Components of IG are: All information types (structured and unstructured) An umbrella for all information management activities Legal risk Business value Controls Processes Technology IIG WW Kick-off: Information Governance 13

14 Describing Information Governance IIG WW Kick-off: Information Governance 14

15 IG is a Big Umbrella IIG WW Kick-off: Information Governance 15

16 IG Budgets IG budgets may not exist, per se, but budgets for storage and archiving, ediscovery, and compliance do IIG WW Kick-off: Information Governance 16

17 Common IG Pain Points The same data has many stakeholders who is ultimately accountable? Information Governance must adapt & improve set it and forget it doesn t work There s way too much data, and it lives in too many places Keyword policies are too generic it s the exceptions that keep us up at night How do I even know if we re doing a good job? * top quotes from enterprise and law firm customers, October 2011 Information Governance Working Session at Clearwell Inner Circle Meeting IIG WW Kick-off: Information Governance 17

18 Improving The Current Process Current Process Symantec Information Intelligence 7 to 12 weeks 8 to 10 different logins and systems No link between ediscovery and Data Security Manual tracking Ad-hoc communication across organizations 2 days 2 logins and systems One-click link between ediscovery and Data Security Automated tracking Single common platform across organizations IIG WW Kick-off: Information Governance 18

19 Any InfoGov Solution Must Meet Fundamental Requirements Data Intelligence Who owns the data? Where is the data? Data Products should work together On-premise and Cloud Retention and Discovery and Security Streamline Processes Shorten/automate workflow Audit/track automatically Solve InfoGov Incrementally Show success/roi immediately Add capabilities over time IIG WW Kick-off: Information Governance 19

20 1 Information Risk 2 ediscovery Basics 3 Information Governance 4 An ediscovery User Case 5 Sample Customers ediscovery Subject Matter Experts 20

21 Rapidly and cost-effectively discover Leverage integration and advanced technology for speed and accuracy Storage Footprint: 70% reduction ediscovery Data Volume: 95% reduction 300 TB Archive & Expire Deduplicate & Compress 100 TB 10 TB Collect & Process 500 GB Filter & Search Review & Produce 50 GB 5 GB IIG WW Kick-off: Information Governance 21

22 1 Information Risk 2 ediscovery Basics 3 Information Governance 4 An ediscovery User Case 5 Sample Customers ediscovery Subject Matter Experts 22

23 Sample Enterprise And Government Customers Energy Financial Services Healthcare Technology Media Manufacturing Telco Retail/Consumer Transportation Fed-Enforcement Fed-Civilian State/Local Govt. IIG WW Kick-off: Information Governance 23

24 Thank you! Copyright 2011 Symantec Corporation. All rights reserved. Symantec and the Symantec Logo are trademarks or registered trademarks of Symantec Corporation or its affiliates in the U.S. and other countries. Other names may be trademarks of their respective owners. This document is provided for informational purposes only and is not intended as advertising. All warranties relating to the information in this document, either express or implied, are disclaimed to the maximum extent allowed by law. The information in this document is subject to change without notice. IIG WW Kick-off: Information Governance 24