Delta Airlines Learns the Importance of Proper ESI Collection

Many organizations have ignored legacy backup tapes and not included them in their records and information governance strategies. Tapes have been out of sight out of mind, often stored in offsite storage vaults like Iron Mountain or Recall, or stuffed away in file cabinets and IT storage rooms. Delta Airlines recently learned a lesson when they failed to make a reasonable inquiry into the completeness of its discovery responses as it had certified pursuant to FRCP 26(g). In the case Delta/Airtran Baggage Fee Antitrust Litigation, 2012 U.S. Dist. LEXIS 13462 (N.D. Ga. February 3, 2012) the court indicated that Delta should have done a better job making sure that the IT department followed its instructions and produced the correct documents from hard drives and backup tapes. Delta originally produced 103,000 pages of documents in support of litigation. In a similar investigation by the Department of Justice Delta produced an additional 60,000 pages of documents from backup tapes and hard drives that were not previously included in the discovery process. Judge Timothy C. Batten, Sr., of the District Court for the Northern District of Georgia, imposed discovery sanctions against Delta Air Lines for failure to disclose documents contained in backup tapes and hard drives that had been inadvertently overlooked by Delta’s counsel and IT personnel.

Organizations need to incorporate all sources of user data, and proactively manage this content according to policy. This will avoid fines and sanctions down the road. Many organizations have “mystery tapes” lying around and are unaware of the content. Index Engines popular “mystery tape” cloud service shows how easily and economically companies can learn what is contained on these tapes and incorporate this content into their ongoing legal and compliance policies. Learn what is on your “Mystery Tapes”.

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Defensible Deletion Keeps Liability Under Control – Webinar

March 28, 2012, 2:00PM EST

Organizations retain far too much data. Users archive email on their desktops. Old files and documents are hidden away on legacy backup tapes. As employees leave a company their data lives on across the network and is never purged.

Users create data on a daily basis, however no one is managing this content and purging what is no longer required. Companies save everything with no plans to retire unnecessary content. This is not a good practice as it creates a long term liability and unnecessary expense.

This webinar will show how to implement a defensible deletion policy and intelligently manage user files and email according to corporate polices.

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Policy Matters

The Department of Health and Human Services just fined BlueCross BlueShield of Tennessee $1.5 million for lack of encryption of over 1 million patent records on stolen hard drives. The Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy and Security Rules requires patient records be secure and protected. This case shows the financial impact of such an investigation, which is well beyond the $1.5 million fine, at an estimate of $17 million to support the case, as well as the notification and management of the security breach.

Sound policies are important. Many organizations have yet to implement policies that ensure compliance with HIPPA, or SOX, or whatever regulatory policy impacts your industry. Lack of policy is a major liability that will hurt every organization down the road. Understanding data assets and managing them accordingly is critical to managing these liabilities. Implementing a defensible deletion strategy will clean up legacy content that should not be retained. Proactively deploying sound information governance initiatives will protect every firm from such fines and penalties. Read Article

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Intelligent Workflow Streamlines ESI Processing Webinar

March 21st, 2:00PM EST
Index Engines has introduced technology that adds automation and efficiency into the identification, collection and preservation process. ESI can be quickly identified based on any custodian or complex query, and extracted into a secure legal hold repository. The entire workflow can be automated and executed using a single platform ensuring defensibility.

This webinar will showcase Index Engines new workflow and how ESI can be culled and persevered faster than ever.

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New Webinar: Actionable Data Mapping: Develop and Enforce Robust Policies

February 23, 2012 2:00PM EST – Register

The process of data mapping has been complex and time consuming. Gathering all the information required in order to profile the user data has been a manual process that depends on individuals with specific knowledge of the network and server environment. Extracting this knowledge and developing a profile can take years.

This webinar will present an automated approach to gathering all the knowledge required to generate an actionable data map. An actionable data map will allow you to quickly develop policies and then act on these policies based on detailed knowledge of the network and server environment.
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New Webinar: Leverage D2D Backups for Legal Hold Requests

Feb 16, 2012 at 2:00PM EST – Register

This webinar will show how to utilize direct indexing technology against backup images in order to extract specific user files and emails and then preserve it in a legal archive in support of legal and compliance requests. No more cluttering of expensive D2D backup systems with large volumes of irrelevant data, only retain what is required. Click Here to Register

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New Webinar: Data Assessment Streamlines ESI Processing

Feb 15, 2012 at 2:00PM EST – Register

This webinar will discuss and demonstrate tools that deliver powerful identification, collection and management solutions for ESI, located on networks, desktops and even backup tapes. See how other organizations find and manage ESI in support of litigation and compliance. Click Here to Register

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Index Engines VP of Information Discovery Jim McGann on Where They Fit in the EDRM Model

In his interview with LXBN TV, Index Engines VP of Information Discovery Jim McGann explains where they fit in the electronic discovery reference model. He also touches on the latest news on Index Engines at LegalTech New York 2012, which includes an announcement of the Octane forensic preservation archive, the new version of which adds forensic image indexing support. Also, he explains what trends he’s seeing in information governance and litigation readiness, with the latter being the most popular subject.

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IE Announces Partnership with Merrill Corp

IE announces a partnership with Merrill Corporation (world leading provider of technology-enabled information and document services for professional service firms) for ESI processing and proactive litigation readiness. This partnership extends Merrill’s support of large enterprise class information discovery and management.

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IE Releases Octane 4.3 with Extraordinary Processing Capability

Octane Version 4.3 includes new processing enhancements to preserve files and emails at a bit-level from MS Exchange and Lotus notes email, as well as indexing forensic images and evidence files at speeds reaching 1TB/hour using a single node. Read the Press Release.

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