Sneak Peak Webinar – Index Engines 4.5

Be the first to see Index Engines latest version of the Octane Intelligent Discovery platform. Exciting new features that extend the workflow and increase overall functionality for eDiscovery will be announced at a webinar on Sept 27th.

Learn about new load file support for Relativity, support for OCR scanned images and pdf’s, and high speed Forensic Image processing – no need for mounting. Attend this webinar

Are You Playing the eDiscovery Telephone Game?

Strategic advantages to a centralized corporate platform include early, direct access to ESI in the wild, single instance collection storage, shared indexes, cross matter designations and universal chain of custody.

So how do you minimize the distortion of the telephone game and gain confidence in your process? That is exactly what is driving technology providers to add centralized workflow and collaboration features to their offerings.

Read full article from eDiscovery Journal’s expert Greg Buckles:

Survey: Legal Compliance Remains Key Challenge for 78% of Information Governance and eDiscovery Pros

With company data growth constantly on the rise, an on-going key concern for information governance and eDiscovery professionals is the management of this data and ability to quickly react to and comply with legal hold and preservation requests, according to a recent survey to legal practitioners to uncover the key drivers behind investments in information governance and eDiscovery solutions.

Specifically, the survey found that compliance was the number one challenge for 78% of respondents. Additionally, respondents also expressed concern over enforcing company-wide policies and are struggling to implement strategies to manage their data, shedding light on the importance of implementing information governance policies.

This study underscores the need for organizations to consider an all-encompassing information governance platform that provides data indexing, mapping, extraction and archiving. Read entire article

How to use Data Mapping to Manage Liability and Reclaim Storage Capacity

New White Paper:
Data mapping provides an inventory and profile of user content and is the key foundation to any corporate data policy definition. You must first understand what you have before you can develop a sound policy that will protect the organization from harm and long term risk. With a data map deployed you can easily manage data more effectively moving what is required by compliance onto legal hold, securing sensitive content in the corporate archive, and purging data that no longer has business value. The challenge with data mapping is that the infrastructure is complex and vast.

Obtaining a view into the content has been a manual and time consuming process, and one that quickly becomes obsolete as the data evolves. With today’s technology a data map can be automated so that a comprehensive and insightful view of current data is possible. Read this White Paper and Learn more about how to Use a Data Map to understand and manage your content.

Learn more about Data Mapping>

Sticking Your Head in The Sand About Deleted Pertinent Emails Can Lead to Costly Sanctions

It is not uncommon for people to either accidentally or purposely delete e-mails, thinking that they are gone forever. However, having an e-mail vital to a judge’s ruling in a lawsuit go missing can lead to costly and time consuming procedures needed to retrieve it as well as sanctions. Read Full Article from ELLBlog eLessons Learned http://bit.ly/TjLUFo

Learn more about email management and archiving>

Legal Hold and Preservation at Center of Apple/Samsung Battle

As Apple and Samsung battle over design patents, in Apple, Inc. v. Samsung Elecs. Co. Ltd., No. C 11-1846 LHK (PSG) (N.D. Cal. July 25, 2012), it is clear that legal hold and preservation of evidence may be a key factor in the outcome of the case. Once again a high profile case showcases eDiscovery and the importance of proper collection and preservation of evidence. Technology is now in place that can properly place user files and email in a forensically sound archive for safekeeping. One of the key challenges in the Apple Samsung case was that the email server had an auto-delete feature turned on which purged potential email evidence, overriding the legal hold order, according to a schedule defined by the email administrator. Using a legal hold archive, once a policy is defined and implemented all responsive data will automatically be securely copied into the archive regardless of the auto delete configurations on the email server. Relying on an active email server for the preservation of email is risky as this environment is not designed for legal hold. As these high profile cases continue to showcase the eDiscovery and legal hold challenges, it is clear that organizations will begin to focus on their internal litigation support and archiving platforms and define an environment that will ensure accurate and reliable processes

Why IT Should Love Defensible Deletion

Defensible deletion is focused on legal and how to manage risk and long term liability. The goal is to manage data according to policy, find what no longer has business value or is required by legal and purge it from the network. Many organizations are finding that saving 20 or more years of electronic data on their networks and servers is not a good idea. However defensible deletion should be as interesting a concept for IT as it is for legal. IT is challenged with storage and information management budgets. The money that IT has had at their disposal has decreased and they are under tight scrutiny to make ever dollar count. Defensible deletion is a major cost savings to IT and would allow them to recoup significant budget that can be reallocated to more immediate projects versus unnecessary storage expenses. Industry analysts state that by defensibly deleting user data that no longer has business value or is required for legal hold or regulatory purposes, organizations can recoup anywhere from 40 to 70% of their storage resources. This could easily represent tens of millions of dollars in IT budget, a number any organization would love to have in their pocket.
The benefits of defensible deletion are many. IT should look at this as an opportunity to reclaim budgets and streamline their operations. Legal already sees the benefits. Defensible deletion is a win-win across the organization.

Information Governance Will Fail Without IT and Legal Partnership

A recent conversation with a client showed how a lack of a solid partnership and relationship with IT is sabotaging their information governance efforts. This client has a multi-year plan to deploy a legal and compliance archive in order to preserve a portion of their data assets. The first phase of the plan is to start cleaning up legacy content and defensibly delete what they don’t need, which they estimate to be over 50% of what is currently stored on their networks.

IT owns the platforms that store the content that legal needs access to and all activity related to this data must be coordinated with the network managers. This process has become a bottleneck to deployment and has delayed the project significantly. Gartner states that “most CLOs, 76%, say that IT department support for the legal department is ad hoc. Only 16% report dedicated IT support”. (Gartner, Chief Legal Officers Need Better Partnerships With IT: Gartner ALM CLO Survey Results, French Caldwell | Debra Logan ,March 2012). Without a strategic relationship between the two organizations, the already fragile connection legal has with IT will cause information governance projects to fail. Since legal owns policy and IT owns the data networks, it is key that these organizations partner and commit to supporting such a strategic project.

The successful projects we have seen are where senior legal and IT resources have a strategic partnership with a joint goal of managing information assets according to policy and controlling risk and liability via deployment of an information governance framework. Without this level of commitment these projects will continue to flounder.

More about Gartner:
More information on Compliance and Legal Archiving>

Inside Counsel Covers Defensible Deletion

Over the past three months Inside Counsel magazine has covered the topic of defensible deletion. Defensible deletion is a proactive approach towards managing corporate data assets. The days of keeping data forever regardless of business value are long gone. The first email was sent in the early 1970’s and some organizations probably have a copy of this email buried somewhere in their infrastructure. It is time for housecleaning, getting data cleaned up and managing the liability and risk associated with this legacy content. Defensible deletion is the process of proactively managing corporate data, and determining what to keep for legal and business purposes and what can be purged. Data mapping is a key component of a defensible deletion program and is defined as the process to help understand and profile this data in order to determine the disposition of the content.

The following articles appeared in Inside Counsel over the past few months discussing this timely topic. As organizations begin to think through how they can best manage their data assets in today’s legal and regulatory climate, these articles will provide an excellent primer and playbook for a sound information governance strategy.

Inside Counsel Articles: