Toby Brown from 3 Geeks and a Law Blog interviews Jim McGann on: Are Corporations Ready for Litigation Readiness?
Toby Brown: To what extent do you think the corporate world is finally ready for litigation readiness, after so much lip service about it over the past several years?
Jim McGann: Legal issues might force the corporate world to become litigation ready even if they aren’t now. The courts are not just asking anymore – they are insisting that data be retrieved for litigation. The technology now exists to make this easier and cheaper than it has been in the past, and today’s corporations must be informed and ready to use it.
To see this entire interview go to:
Join Index Engines on October 20th for a webinar discussing advancements in data assessment tools and see a live demonstration of Octane, Index Engines new technology for early data assessment now delivering powerful identification, collection and management solutions, for ESI.
Date: Thursday, October 20, 2011
Time: 2:00PM – 3:00PM EDT
Join Index Engines on Thur. Sept. 29th, for a webinar discussing the liability of backup tapes and new technology that makes tape discovery for proactive governance of legacy data a feasible and cost-effective endeavor. Attend this webinar and learn how you can build a complete, defensible solution to manage legacy backup tape risk and expense.
Date: Thursday, September 29, 2011
Time: 2:00 PM – 2:45 PM EDT
Register At: https://www2.gotomeeting.com/register/385324770
Index Engines today announced their cloud services were integral to the recent success of a significant electronic discovery project executed by Innovative Discovery, a full-service e-discovery provider with offices in Washington D.C. and New York City. Index Engines’ cloud-based tape load service provides a convenient and cost effective access to tape data for eDiscovery.
Innovative Discovery, an Index Engines partner, was faced with an eDiscovery challenge. The dataset consisted of 464 DLT backup tapes with 21 terabytes of information, including 350 million total files (of which 223.9 million alone were email) from 2400 custodians. The dataset comprised nearly 10 years of corporate electronically stored information. Using Index Engines’ cloud services, Innovative Discovery reduced the haystack down to 7 custodians; indexed, culled and tagged the data; and extracted the 81GB of relevant data, all in 25 days. Innovative Discovery is a current Index Engines partner, however they called on the Index Engines cloud service to assist with this job because of the scale and demanding timeframes.
On Thursday, June 23rd from 2-3pm EST, Index Engines, the leader in enterprise discovery technology, and LeClairRyan, an entrepreneurial law firm specializing in high stakes litigation, will co-present a webinar that will offer insight into best practices for retention and remediation of legacy data on tape. The webinar spokesmen include Dennis R. Kiker, Esq. a partner in the eDiscovery Readiness Practice Group of LeClairRyan, and Jim McGann, Vice President, Information Discovery at Index Engines. Drawing from their legal and technical expertise, Kiker and McGann will discuss recommendations for how enterprise organizations should be handling legacy data. This webinar will explore trends they have noted in the industry and best practices that they have seen implemented regarding the management and discovery of data from backup tapes.
This webinar is designed to teach how to build a complete, defensible and proactive solution to managing legacy backup tape. Historically, to identify relevant data on old backup tapes, IT would need to completely restore the tapes and then Counsel would review the content to determine what was relevant. In that case, being proactive and restoring thousands of tapes was out of the question, given the cost both in time and money to restore and review that volume of data.
However, now proactive management of legacy data is now possible. The combination of expert legal guidance and advances in patented technology makes tape remediation for proactive governance of legacy data both feasible and cost-effective. Attend this webinar and learn how you can build a complete, defensible solution to manage legacy backup tape risk and expense.
Thursday, June 23rd, 2-3PM EDT
Register for this Webinar here.
Index Engines will demonstrate at EMC World in booth #1222 a new purpose-designed platform to index the content of EMC Data Domain backup images so user data can be searched and extracted for business relevance. The Index Engines Collection Engine works with Data Domain deduplication storage systems and leverages the existing backup process to automatically identify and extract specific files and email for regulatory, compliance and legal applications according to pre-defined policies.
Only a small subset of the data captured in the backup process is of value for long-term access. To filter down the volume of data that is archived, detailed knowledge of the backup images is required. Index Engines Collection Engine automatically indexes backup images, identifies the useful content, collects what is relevant and writes it back to Data Domain storage making it available for compliance and litigation purposes.
The Index Engines Collection Engine for Data Domain indexes the content of backup images (e.g. NetBackup, Backup Exec, etc…) so that they can be searched and analyzed for business relevance. These searches can be high-level metadata such as user mailboxes, or detailed queries based on file or email content, location and date ranges. Searches are saved as stored queries that run automatically once a new backup is executed. The relevant set of data that is identified within the backup image is extracted into a Collection image and written back to the Data Domain system. This allows a small subset, typically less than 5% of the backup data, to be retained for long-term access and also takes advantage of the Data Domain deduplication technology. Specific user files or email can be extracted, keeping all metadata intact, for compliance with legal and regulatory requirements.
Visit Index Engines in booth 1222 at EMC World at the Sands Expo Center in Las Vegas, May 9-12 for a demonstration of the Collection Engine for EMC Data Domain.
Read the full Collection Engines press release for availability and pricing details>
The old tried and true collection processes are often flawed, resulting in inaccurate data that creates discovery risk in the courtroom. Today the problem of providing inaccurate data is on the rise. A recent analysis of cases prior to 2010 by King and Spalding found there were more eDiscovery sanction cases and awards in 2009 than in any prior year. In fact, there were more eDiscovery sanction cases in 2009 than in all years prior to 2005 combined. The report also found that failure to produce ESI was the most common basis for sanctions. This has paved the way for new technology innovations for better eDiscovery collection.
The pitfalls common with traditional approaches to ESI collection include; dates changed due to indexing translation, content being overlooked from file-level versus bit-level discovery, even the disappearance of entire emails and files due to faulty restoration processes. Therefore, it is imperative that the discovery team works closely with IT to ensure your company maintains a sound and defensible collection strategy. There are four major identification and collection areas that should be reviewed when collecting Electronically Stored Information (ESI). These strategies include:
IT and legal must work closely together. Initially it is imperative that IT and legal work closely to look at the current online network data. IT is aware that deleted emails are recoverable from an Exchange server. And most often, the most untampered source for email collection is email residing in offsite storage, typically on backup tapes. In the past, legacy backup tapes were often overlooked because it was historically difficult and expensive to collect data from them.
Be proactive with legal requirements. Get ahead of the curve by proactively managing legacy data. Know what data should be kept and what can be purged. By determining this, a company can develop a policy to save specific content so that is identifiable and ready for on demand discovery. This is the first step in a proactive strategy.
Understand the limitation of technology. Knowing the limitations within your technology platform is critical to your success. Only use tools that index all the content and don’t change any of the metadata. Understand how duplications are defined and whether the metadata is modified. Some of the older search solutions compromise the indexing process, which will affect the outcome of your discovery.
Become a discovery expert. New technology is able to improve and strengthen the discovery process. New technology can search out a single email without duplicating the original environment. It is possible to make tapes searchable by creating an index in the cloud for review. Then the bit of data that is requested can be pulled with very little effort, expense or time. With less than 5% of old legacy data being relevant, today’s new technology eliminates the unnecessary process of restoring and then rebuilding the data.
For more information on electronically stored information and the strategies and techniques that make ESI more collectible contact Index Engines.
Once again Index Engines had a strong showing in NY at LegalTech 2011. With an enticing announcement around our new cloud-based tape discovery service, as well as a partnership announcement with LeClairRyan, our booth was hopping.
On the first day of the conference we were visited by the litigation support team from a global energy firm. They approached us and quickly stated, “Thanks for killing the burden argument!” We spent some time with them discussing our automated approach towards identification and collection of previously difficult to access ESI, specifically data residing on backup tapes. They understood the impact Index Engines technology has had on the market, and how the courts’ knowledge of this technology has served to erode the burden argument around this previously inaccessible media.
Ironically, on the second day we were presented with a contrasting opinion. A second global energy firm approached our booth and staunchly maintained the validity of the accessibility argument. They stated that their legal counsel has instructed them to not perform any discovery of legacy data residing on backup tapes. They basically hide behind the burden argument and are hoping to not face a litigator familiar with Index Engines direct indexing technology. Ignoring the impact of technology is a risky proposition. Technology moves forward and changes the game. Not acknowledging this exposes organizations to potential fines and sanctions when identifying and collecting ESI.
It was interesting and surprising to see the wide spectrum of attitudes about technology and litigation support – especially within the same vertical industry. Some organizations are sticking their heads in the sand and hoping to maintain the status quo, while others are getting proactive and mitigating their risk. Given that eDiscovery sanctions have reached an all time high it would seem that denial about eDiscovery and the courts opinions on it are clear. Revisiting the naysayer’s opinion of the burden argument at LegalTech 2012 promises to be very interesting.
Index Engines will be exhibiting at LegalTech NY in booth #2119. This event has traditionally been one of the most important legal technology conferences on the East Coast. This year’s conference topics are scheduled to range from “Compliance & Risk” to “Technologies Transforming Litigation Technology”. Contributing to the transformation theme, Index Engines will be making two major announcements at the LegalTech NY show next week.
The first will be the introduction of Index Engines Cloud-based Tape Discovery Service. This service will allow clients to virtually search the content of their backup tapes and choose the relevant content for extraction. Starting at $50 per tape, this easy and affordable use of the Index Engines market leading direct indexing technology is bound to change how the industry approaches tape discovery.
The second announcement at LegalTech will unveil Index Engines partnership with LeClair Ryan. This partnership will be the basis for the new Legacy Data Risk Management Practice at LeClair Ryan. Clients engaging with this LeClair Ryan practice group will be guided on a defensible methodology that leverages Index Engines automated approach for tape remediation.
To learn more about these announcements and to see an demo of the new Index Engines interface as reported on by Sean Doherty in the LTN LegalTech preview article What’s New, and Old, at LegalTech New York, visit Index Engines at the show. Full event details and a free pass to LegalTech are as follows:
LegalTech NY 2011
The Hilton New York
New York, NY
Jan. 31 – Feb. 2, 2011
Free Conference Pass
A recent study by King and Spalding published in the Duke Law Journal shows that penalties for eDiscovery violations have reached all-time highs. The study states, “Producing parties have struggled to comply with ever-expanding and increasingly complex responsibilities as ESI has played a predominant role in pretrial discovery”.
In order to avoid sanctions organizations need to reevaluate their ESI collection strategy. Index Engines is focused on solving the exact issues highlighted in the study. Delivering a platform that can process large volumes of data quickly (1TB/hour) and cost effectively (<$50/GB) is only the beginning. Index Engines method of identifying and collecting ESI from complex sources such as email databases, forensic images and backup tapes delivers more forensically sound and defensible ESI vs. old-school methods that rely on traditional tools such as MAPI and data restoration.
The study found that of the 401 cases that were analyzed through 2009, sanctions of more than $5 million were ordered in five cases, and sanctions of $1 million or more were awarded in four others. It is time to re-evaluate your ESI collection tools. With new regulations, and oversight the trend of steep penalties will continue to grow.