february 2010 8 things you cant afford to ignore about ediscovery

8 Things You Can’t Afford to

Ignore About eDiscovery

Brought to you by:John Wang, CCP

Product Manager and eDiscovery Specialist

[email protected]

February 25, 2010

AIIM 8 Things Series

About ZL Technologies

• Experts in Total Information Governance

– Unstructured Content Archiving

– eDiscovery

– Compliance

– Secure Email

– Scalability & Low TCO via Private Clouds

• Select Customers

About John Wang

• Experience / Roles

– 15+ years in Technology

i

• Degrees

– ..• Industry Participation

Product Manager Solutions Architect Developer

EDRM AIIM LexisNexis

• Project Leadership

• Search Guide

Co-author

• Research

proposal,

execution, and

presentation

• Certified

Concordance

Professional

M&T MBA Computer Science Finance

Agenda

1. Early Case Assessment

2. Data Mapping

3. Investigative eDiscovery

4. Concept Search

5. Non-Linear Review

6. Parallel Search

7. End-to-End eDiscovery

8. Cloud Computing

Overview

Did you know?

5 Year Enterprise Data Growth Estimate

85% will be Unstructured!

?

Sources: Gartner

Overview

• ESI is discoverable

• ESI volume is growing at 55+% annually*

• Litigation is increasing

– 42% US organizations expecting more litigation (from 34%)**

– 83% US organizations have been litigated against in 2008**

• Timelines have been shortened

• How do we handle this is an affordable way?

• Can we move from a reactive, bottom-up approach to a

strategic, top-down approach?

• This presentation shows us 8 technologies to do just that!

Sources:

* ESG

** Fulbright & Jaworski

Early Case Assessment

? Did you know?

In-house eDiscovery

Payback Period

Sources: Gartner, Merrill Lynch


3 Questions

– Does the complaint have merit?

– How much will this cost us?

– What has the org learned?

Overview

– Estimate risk to prosecute or

defend a case

– Formulate resolution in first 90 -

120 days

– Examine key facts, allegations,

applicable laws and venues

– Analyze and assess potential

trial themes for both sides

– Pursue the best course

Item Achievement

Payback Period 3-6 months,or 1 large IP case

Litigation Success 76%**

Cost Reduction 50%**

0%

20%

40%

60%

80%

100%

Cost of E-Discovery Litigation Success Rate

Without ECA With ECA

Early Case Assessment Results

Sources:

** Cogent Research


Assess ESI after Collection, Preservation, Processing and Analysis

VOLUME RELEVANCE

Electronic Discovery Reference Model / © 2009 / v2.0 / edrm.net

Information

ManagementIdentification

Preservation

Processing

Production Presentation

Collection

Review

Analysis

Traditional Post-Collection ECA


VOLUME RELEVANCE


Information


Preservation

Processing


Collection

Review

Analysis

ECA “Now”

Compress timeline and assess before collection, reducing processing,

analysis and review


Deployment

– In-house eDiscovery

– Allows faster and

iterative searching,

“going back to the

well”

Process

– Analysis

– Visualization

How does it affect you?

– Resolve cases faster

– Resolve cases more

favorably

– Reduce costs

Action Plan

– Evaluate solutions

– Try solutions on known

cases and case data

– Evaluate results

Data Mapping

Did you know?

Fortune 1000 Data per Firm

In potentially 100s of Repositories!

?

Sources: Industry Sources

Required by Rule 26(a)(1)(B)

• “… a copy of, or a description by

category and location of, all

documents, electronically stored

information, and tangible things”

• Requirements

– Repositories

– Types of ESI per repository

– Custodians

– Retention policy

– Preservation & disposition

– Legal hold enforcement

– Collection method

– Accessibility

Take Advantage of Rule 37(F)

• Provides defense against sanctions for “routine, good-faith operation of an electronic information system.”

Data Mapping

Spoliation “I’m Sorry” Sanctions

The Three Ss of eDiscovery

Data Mapping


– Reduce sanction risk

– Reduce overhead from 10 hrs

to 30 min / week

– Reduce costs

– Automate collections and

legal holds

– Work with BCP/DR and

InfoSec/DLP

Action Plan

– Evaluate current solution and

available solutions

– Analyze options if there is a

gap

Data Mapping

Legal Hold Notification

Culling

Collection

Legal Hold

Integrated Data Mapping

Exclusionary EDApproach

– Cull by Custodian

– Cull by Date

– Cull by File type

Limitations

– Blunt tool

– De-selects on secondary characteristics

– Find relevance late in process

– May need to go back to the source late in the process

– More false negatives as the collection grows

Investigative ED

• Approach– Cull by Matter

– Roots in Forensics

• Benefits– Finding highly relevant

information early in the process

– Finds information not necessarily tied to custodians, e.g. file server data

– Supports ECA

Investigative eDiscovery

Review

Cull by File type

Cull by Date

Cull by Custodian

Review

Cull by Matter

Investigative eDiscovery


– Higher Success Rates

– Lower Information Risk via Wider Safe Harbor

– Better results

– Successful ECA

Action Plan

– Evaluate past performance wrt initially missed relevant email

– Calculate cost

– Investigate options

Key Technologies

– Billion document search

engines

– Index in-place

– Cloud / GRID scalability

Investigative eDiscovery is based

on the science of forensics, an

older and more complete

approach than traditional

eDiscovery.

New technologies make

Investigative eDiscovery a reality

again.

Concept Search

Did you know?

Keyword Search

Missed Relevant Documents

?

Sources: Blair & Maron

Concept Search

• Attorneys and paralegals are not familiar with the terms in use

– Many words can be used to mean the same thing

– Organizations often create special “code words”

Subway Accident

Subway

Company

“unfortunate

incident”

Victims

“Disaster”

“event,” “incident,” “situation,” “problem,” “difficulty”

Concept Search


– Find more relevant

documents

– Discovery case facts faster

– Recommended by courts

and the Sedona

Conference

Action Plan

– Evaluate test cases

– Get review teams involved

for real world analysis

Year Technique

1763 Bayes Theory (Bayesian Inference)

1948 Shannon Entropy(Shannon Information Theory)

1951 K-Nearest Neighborhood

1988 Latent Semantic Indexing (LSI)

1999 Probabilistic LSI

2003 Latent Dirichlet Allocation

Actively Researched and Developed Technology

Non-Linear Review

Did you know?

Legal Review Productivity

Increased Productivity from Non-Linear Review

?

Sources: Deloitte, Industry Sources

Non-Linear Review

Traditional Linear eDiscovery

– Grouped by source, custodian,

date, etc.

– Like documents are scattered

– 10,000s of docs / case

Non-Linear Review

– Grouped by concept, near-

duplication

– Easy navigation via

visualization

– Less context switching

– Better sampling

– 1,000,000s of docs / case

Technologies– Clustering

– Auto-Classification

– Concept Search

– Visualization

0 5,000 10,000 15,000

eDiscovery Review Productivity

Non-Linear Review


• Faster review drives

– Lower costs

– Faster results

– Better results

– Successful ECA

Action Plan

– Evaluate current

process and costs

– Justify investigation

– Review options

Key Statistics

• 72% of attorneys say review is the

most expensive part of ED

• Review is up to 80% of ED costs

• Can save $187,500 on a 1.5 M

doc case

Traditional Linear Review

Non-Linear Review

Parallel Search

Did you know?

Keyword Search is still advancing?

Term searches – in seconds to minutes

?

Source: Gartner

Parallel Search

• Keywords

• User names

• Email addresses

• Patent numbers

• SSNs

• etc…


– Take the guesswork out of choosing keywords

– Run queries as simulations

– Supports wildcard search, proximity search, etc.

Action Plan

– Review complex searches

– See if parallel search can provide new insights that could not be economically performed before.

Search

100,000 terms across

billions of documents

in seconds to minutes…

End-to-End eDiscovery

Did you know?

eDiscovery Vendors

Offering Products and Services

?

Sources: Socha-Gelbmann 2009 E-Discovery Survey

VOLUME RELEVANCE


Information


Preservation

Processing


Collection

Review

Analysis


Typical Archive Initial Search Review toolCase Analytics

3.5 days to

index 30TB

3 days to

index 1.1TB

4 days to

export 2M docs

• 25% of vendors (150+) will disappear by 2011

• More vendors are entering eDiscovery than leaving

Single / Multi-Vendor


• No data transfer between initial collection, review, and production

• No incompatibilities or inter-stage processing time delays

VOLUME RELEVANCE


Information


Preservation

Processing


Collection

Review

Analysis

Single Platform


• True End-to-End eDiscovery

is:

– Single platform

• Benefits

– Integrated Data Map &

Legal Hold

– Single Collection

– Enterprise-wide search in

review platform

– No intermediate

Productions

• Bottom Line

– Cost and Time Savings


– Faster

– More Reliable

– Lower Cost

– Institutional Memory

Action Plan

– Evaluate current process

and costs

– Justify investigation

– Review options

Cloud Computing

Did you know?

Cloud Computing

Market Forecast by 2011 & 2013!

?

Sources: Gartner, Merrill Lynch

Cloud Computing

Industry hype?• Today:

– $56 billion

– 3% of enterprises using cloud

• By 2013:

– $150 billion market?

– 50+% of email archiving in the cloud?

Sources: Gartner, Forrester

Cloud Computing

Industry hype?• Today:

– $56 billion

– 3% of enterprises using cloud

• By 2013:

– $150 billion market?

– 50+% of email archiving in the cloud?

The Good, The Bad, and The Solution …

Sources: Gartner, Forrester

The Good

1. Lower Cost

– Only pay for what you use

2. Scalability

– GRID / MapReduce

3. Increased Storage

– Virtualized file system

4. Flexibility

– Deploy new capability quickly

5. Automation

– Less manpower requirement

6. More mobility

– Inside and outside counsel

Cloud Computing

The Good

1. Lower Cost

– Only pay for what you use

2. Scalability

– GRID / MapReduce

3. Increased Storage

– Virtualized file system

4. Flexibility

– Deploy new capability quickly

5. Automation

– Less manpower requirement

6. More mobility

– Inside and outside counsel

The Bad

1. Guaranteed service levels

– Some have no guarantees

– Data not under your control

2. Security & shared tenancy

– Provider capabilities vary

– Also may have no guarantees

3. Chain of custody

– Forensic examination?

4. Lock-in and pricing

– Ability to get data out?

5. Current adoption

– Only 3% of business users!

Cloud Computing

The Solution

Private Cloud Computing

• What is it?– Cloud infrastructure deployed

in-house

• Added Benefits– Secure

– QoS / SLA

Cloud Computing


• Faster review drives

– Lower costs

– Better resource utilization

– Scales for one time projects

Action Plan

– Check internal cloud strategy

– Run savings figuressIT Organizations Will Spend More

Money on Private Cloud Computing

Investments Than on Offerings From

Public Cloud Providers Through 2012

Gartner

8 Things You Can’t Afford to Ignore

with eDiscovery

1. Early Case Assessment

2. Data Mapping

3. Investigative eDiscovery

4. Concept Search

5. Non-Linear Review

6. Parallel Search

7. End-to-End eDiscovery

8. Cloud Computing

More Information

• http://aiim.typepad.com/

• http://www.zlti.com/

ZL Technologies

• Experts in Total Information

Governance

– Unstructured Content

Archiving

– eDiscovery

– Compliance

– Secure Email

– Scalability & Low TCO via

Private Clouds

http://aiim.typepad.com/

http://www.zlti.com/

Thank You

Thank You

John Wang

[email protected]

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