© 2007 ibm corporation you need to search through 3 years of e-mail on the 5-wheel bike project...

© 2007 IBM Corporation

You need to search through 3 years of e-Mail

on the 5-Wheel Bike project

StartYou have a Lotus Domino or MS

Exchange eMail infrastructure in place

Uh-oh…the SeptaCycle

Foundation is suing you for taking their

idea.

btw-CommonStore

for SAP can improve your SAP system performance

e-Mail Archiving & Discovery for Lotus Domino & Exchange

Reduce in-house expense of legal IT

Experts

Monitor employee compliance

Use visualization techniques to show

relationships among people based on

evidence

Optimized business Processes mean betterResponse times to Customer inquiries

CommonStore helps you to

reduce investment for additional

hardware

e-Mail Archiving and Records Management

can help you meet them

Pre & Post Supervision of e-Mail

Detect bad behavior

w/Supervision

Compliance is Golden!

CONGRATULATIONS!

Archiving is designed to reduce data on high performance

disk devices

Corporate Governance means you create your own

corporate compliance

requirements

Welcome to Compliance &

eDiscovery

e-Mail Search makes Legal Discovery a snap!

El Searcho, El Findo!

Find e-Mail records whenever the need arises.

Retain eMail Recordsas a key corporate

asset for years

Single-Instance Storage reduces your email

DASD footprint

Records Manage- ment allows you to

store eMail as a corporate record

Uh-oh – each one of your people is generating 4

megabytes of eMail every day – your

system performance is all over the floor

Compliance & eDiscovery Chutes and Ladders


"It's what my company and I didn't know about e-mail archiving and

e-discovery that got us into trouble"

Tom Reding, CRM, Executive Consultant: Risk, Governance, & Compliance Solutions


131 million (est.) emails sent daily

– Predicted to increase to 276 billion by 2009

Email is

– 75% of corporate Intellectual Property

– Subject to government and industry regulations eg FRCP

– Increasingly subpoenaed in litigation

30% of people’s time is spent searching for relevant information.

Nearly 60% of companies impose mailbox size limits to curb the growth.

E-mail Messaging is Exploding

E-mail has become the primary medium for how we communicate. The consequence is that e-mail has become a de facto [record] repository.

CIO Magazine, Jan 2005

E-mail has become the primary medium for how we communicate. The consequence is that e-mail has become a de facto [record] repository.

CIO Magazine, Jan 2005


Legal Discovery Factoids

We live in the most litigious society in history

Legal discovery represents 75% of litigation costs in most major cases

80% of all the world's lawyers are in the US

130,000 students are currently attending law schools

Plaintiffs filed 30 Million new lawsuits last year or 82,000 per day

22,000 regulations world-wide requiring the retention of information

14,000 regulations in the US requiring the retention of information


e-Mail Management & e-Discovery StatisticsDo any of these sound familiar?

50% of IT mangers said, they’d rather have a cavity filled than respond to a e-discovery request.

63% of respondents have been required to produce an e-mail as part of legal action.

53% of respondents admit they are not prepared to meet the new amendments to the FRCP.

1 in 3 organizations isn’t even aware of the “new” FRCP rule changes.

52% of IT managers surveyed do not have an e-Discovery plan in place that has been prepared by legal counsel.

June 2007 Osterman Research, Inc.400 IT Managers & end users


Impact of the New FRCP Amendments on your Business

ONLY 7% of corporate counsel attorneys rated their companies as prepared for the new amendments.

20% annual e-mail use growth.

60% of organizations impose an e-mail box size limit today.

Instant messaging growth from one-third of e-mail users today to ubiquitous by 2009.

Osterman Research Inc.January 2007


Recovered Emails Bedevil Qualcomm in CourtBy DON CLARK - Wall Street JournalOctober 9, 2007; Page B1

Chip maker Qualcomm Inc. has long battled rivals in court. Near the end of one trial in January, Viji Raveendran, a senior company engineer, made a surprise disclosure: a search by her lawyers had turned up emails about a key issue that hadn't been shared with defendant Broadcom Corp.

"This is every trial lawyer's nightmare," says Francis H. Morrison III, a lawyer for Axinn Veltrop & Harkrider LLP who isn't involved in the case.

Others are having bad dreams, too. Failures in finding, saving and sharing emails are bedeviling large and small litigants, undermining their credibility with judges and affecting the outcome of high-stakes trials. New federal rules have reinforced companies' obligations to produce electronic evidence, which has exploded in volume as emails replace phone calls and other business communications.


E-mail Systems Have Simply Become Overloaded

Overloaded e-mail systems cause:– System down time

– Bloated inboxes

– IT imposed mailbox size limits

– Private archives (.pst/.nsf files)

– Lost data due to .pst/.nsf corruption

– Increased storage costs

– Increased backup and restore times

– Time consuming server upgrades and consolidation

– Overwhelming challenge managing e-mail backup tapes

E-mail systems were not designed to store vast amounts of email and attachments for long durations.

Companies are challenged to manage and store increasing amounts of e-mail.

Implementing mailbox size limits is not the answer – employees keep local copies that may be discoverable, creating a compliance and legal nightmare.

Backup/restore times take longer.

Compliance requires e-mail to be retained more stringently for long periods of time – adding to the e-mail storage problem.

AttachmentsMail body


Companies are Struggling with Regulations and Lawsuits

Mounting Regulatory Pressure

– Complexities of assimilating and managing regulations

– High penalties and brand damage associated with not meeting regulatory compliance

Increasing Risk and Cost of Litigation

– Inability to rapidly and cost effectively retrieve subpoenaed emails (~72 hours)

– Most electronic messages are either deleted or are stored on tape that is not indexed and not easily accessible

Companies must ensure email authenticity

Morgan Stanley paid a $15 million fine to settle a Securities and Exchange Commission (SEC) probe into its failure to preserve e-mail.

On average, large companies have 86 non-frivolous lawsuits ongoing.

Nearly 3 out of every 4 enterprises were required to search backup tapes for old e-mail in the past three years.

Five U.S. Banks were fined $1.25 million for being unable to retrieve subpoenaed e-mail – which were stored on backup tapes.

A single legal discovery for e-mail can cost between $150,000 and $250,000.

One lawsuit could ruin a small business.

Dear [name of opposing counsel]

By this letter, you and your client are hereby given notice not to destroy, conceal or alter any paper or electronic files, or other data generated by and/or on your client’s computer systems and storage media. This includes, but is not limited to: e-mail and other electronic communications….

Sources: Gartner; Osterman Research; various news articles.


Cost Drivers - eDiscovery and Compliance

Process Management

$1500/Gig

$2600/Gig

$1200/Gig

$1000/Gig

$2250/Day$500/Tape

$1000/Server$20 / CD, DVD$40 / mailbox

$200/Gig…

$400/hr

$400/hr

The average cost of defending a lawsuit exceeds

$1.5 million per case

Average # of new disputes / year: 50

Gartner 2007

Service provider charges, Socha-Gelbmann 2007

Most of the process is handled by service providers,

outside law firms due to non existent inhouse solutions

Funneling data to service providers in huge volumes

including irrelevant, redundant, expired information due

to lack of corporate record retention, hence excessive

fees paid, especially for legal processing and review

No early case insight, no early case strategy


Why Don’t We Hear More About“Success Stories”? Corporate reluctance to draw attention to themselves

– They are “cautious” to “be public”

Evolutionary process still in progress

– They “have not yet arrived”

A first or early phase deployment

– Desire to wait until their deployment is more mature


Even in a “downturn economy” Reasons why Corporations are Still Spending Money on GRC


Comply or Die: GRC Software Ain’t Sexy, But It Sure Sells

Businesses in Germany, Japan and US collectively will spend $32.1 billion on GRC Technology Services, up 7.4% over 2007

– 65% of Organizations were increasing their spending

– 26% of Organizations were expecting to spend about the same

How are Organizations Addressing GCR:

– 38% Globally

– 36% Domestically

– 25% LoBAMR Research Survey March 2008

Informationweek.com 4/7/2008

© 2007 ibm corporation you need to search through 3 years of e-mail on the 5-wheel bike project...

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