aiim ottawa - stephen ludlow - ediscovery in canada
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Stephen Ludlow
May 17, 2011
eDiscovery in Canada
Rev 2.0 01102010 Copyright © Open Text Corporation. All rights reserved.
26% have undiscriminating policies on deletion of all emails, 23% keep everything just in case and 31% have no policies or non-enforced policies. The remainder either manually or automatically declare important emails as records and delete the others.
Slide 4
eDiscovery in Canada
eDiscovery in Government
Listeriosis Investigative Review
Copyright © Open Text Corporation. All rights reserved. Slide 6
Copyright © Open Text Corporation. All rights reserved. Slide 7
Collection
Per custodian - $300 - $1000
Spoliation of Metadata
Completeness
Processing
Extraction of metadata and attachments for review
5M pages - 70 GB
70GB x $1000/GB
Review
Legal Review v Audit
Legal Review = $1-$2/page
eDiscovery in Government
“....the late disclosure throws into question whether the commissioner has received
everything he needs from the RCMP, and argued that the
closing submissions should be delayed so the RCMP officers
involved can be called to testify about the email and a full review of the disclosure process can be completed.”
Copyright © Open Text Corporation. All rights reserved. Slide 8
“The email was apparently overlooked by federal government lawyers in the thousands of pages of documents received from the RCMP on CD-ROMs during the inquiry.”
eDiscovery in Canada The Pension Committee of the University of Montreal Pension Plan, et al. v. Banc of America Securities LLC
Canada played its own small part in one of the seminal rulings on spoliation in 2010
Copyright © Open Text Corporation. All rights reserved. Slide 11
Corporate Response Information Governance
Gain control of information growth through archiving and disposition
Classification of information is critical
Insourcing eDiscovery Activities In-source eDiscovery activities to
reduce costs
Defensibly perform Litigation Holds to reduce risk of court fines and sanctions
Collection and Processing
Reduce volume being sent for review
Copyright © Open Text Corporation. All rights reserved. Slide 12
Copyright © Open Text Corporation. All rights reserved. Slide 14
Copyright © Open Text Corporation. All rights reserved. Slide 15
AIIM International Email Management ROI Calculator
Slide 16
Volume Based Cost Collection
Processing
Review
Storage
Copyright © Open Text Corporation. All rights reserved.
Slide 16
Volume Related Risk
Errors and omissions
Spoliation and Smoking Guns
Time pressures
Per GB
Per Page
Per Document
Per Custodian
Slide 17
Data
Growth Compound
IDC Enterprise Disk Storage Consumption Model report released Oct 25, 2008
of
The Impact of Disposition
Slide 19
61.7% CAGR predicted for unstructured data
IDC Enterprise Disk Storage Consumption Model report released Oct 25, 2008
The Impact of Disposition
Slide 20
61.7% CAGR predicted for unstructured data
IDC Enterprise Disk Storage Consumption Model report released Oct 25, 2008
The Impact of Disposition
Slide 21
61.7% CAGR predicted for unstructured data
IDC Enterprise Disk Storage Consumption Model report released Oct 25, 2008
The Impact of Disposition
Slide 22
61.7% CAGR predicted for unstructured data
IDC Enterprise Disk Storage Consumption Model report released Oct 25, 2008
Slide 23
Copyright © Open Text Corporation. All rights reserved. Slide 24
Index Classify Store Dispose Secure Retain Capture
Slide 25
End-Users
Copyright © Open Text Corporation. All rights reserved. Slide 26
C-Suite
The New Battleground
Slide 28
Similar to the EDRM, the IMRM could become a standard against which vendors position their products
It also provides a good model to examine Open Text Archiving benefits
Copyright © Open Text Corporation 2008 - 2009. All rights reserved. Slide 33
Copyright © Open Text Corporation. All rights reserved. Slide 34
Slide 35
eDiscovery in the Enterprise
Slide 36
Use the Archive to Apply In-Place Litigation Holds Disposition of ESI must be suspended until all litigation holds are removed
Search-based application of Litigation Hold
Not All Content Lives in the Archive Search & Collection of content at risk in disparate Enterprise Sources is required
Interface with content on Litigation Hold in the Archive
Reduce the Volume of Content Sent for Review to Reduce Costs Cull on collect
Cull content on hold prior to export
Deduplicate and Process Content to further reduce costs
Potential Cost Savings in eDiscovery
o Defensibly reduce the universe of content in the Enterprise through disposition using RM
o Reduce eDiscovery and storage costs
Slide 37
1 TB
500 GB
300 GB
200 GB
75 GB
15 GB
Preservation
Collection
Search Categorized and Culled
De-Dupe, Near De-Dupe
Reviewed
Produced
Information Management
Enterprise Content
Potential Cost Savings in eDiscovery
o Broad preservation in Archive can reduce risk of sanctions and adverse inference
o Archived content can be preserved at little to no cost
o Preservation of uncontrolled content based on only relevant information
Slide 38
1 TB
500 GB
300 GB
200 GB
75 GB
15 GB
Preservation
Collection
Search Categorized and Culled
De-Dupe, Near De-Dupe
Reviewed
Produced
Information Management
Enterprise Content
Potential Cost Savings in eDiscovery
o Reduce or eliminate manual collection
o Reduce burden on IT
o Reduce dependency on service providers
o Collect only relevant information
Slide 39
1 TB
500 GB
300 GB
200 GB
75 GB
15 GB
Preservation
Collection
Search Categorized and Culled
De-Dupe, Near De-Dupe
Reviewed
Produced
Information Management
Enterprise Content
Potential Cost Savings in eDiscovery
o Use specialized search and reporting capabilities to analyze and understand content
o Defensibly further reduce the content to be sent for review
Slide 40
1 TB
500 GB
300 GB
200 GB
75 GB
15 GB
Preservation
Collection
Search Categorized and Culled
De-Dupe, Near De-Dupe
Reviewed
Produced
Information Management
Enterprise Content
Potential Cost Savings in eDiscovery
o Eliminate duplicate documents while maintaining chain of custody
o Reduce the volume of documents sent for review
o Ensure documents are only reviewed once
Slide 41
1 TB
500 GB
300 GB
200 GB
75 GB
15 GB
Preservation
Collection
Search Categorized and Culled
De-Dupe, Near De-Dupe
Reviewed
Produced
Information Management
Enterprise Content
Potential Cost Savings in eDiscovery
o Reduce or eliminate processing costs
o Review is the single greatest cost associated to eDiscovery - accounting for up to 80% of cost
o Insourcing some review and develop strategic vendor relationships
Slide 42
1 TB
500 GB
300 GB
200 GB
75 GB
15 GB
Preservation
Collection
Search Categorized and Culled
De-Dupe, Near De-Dupe
Reviewed
Produced
Information Management
Enterprise Content
Copyright © Open Text Corporation. All rights reserved. Slide 43
Copyright © Open Text Corporation. All rights reserved. Slide 44
What is the volume of litigation in the corporation?
How much do we want to in-source?
Do we have policies in place?
Stakeholder buy-in?
Do we have the internal expertise?
Copyright © Open Text Corporation. All rights reserved. Slide 46
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