The Office Is Out: Preservation And Collection In The Merry Old Land Of Office 365 June 26, 2017 9871812v1

Issue Has Office 365 changed the processes and procedures necessary to identify, preserve and collect responsive information? What must in-house attorneys and outside counsel do to adapt to the new outsourced information landscape?

Panel Moderator: Jim Zucker - Patterson Belknap Webb & Tyler LLP Panelist: Chris Adams - Consilio Panelist: Allan Hsu - Fannie Mae Panelist: Jason Lichter - Pepper Hamilton LLP Panelist: Brett Wise - American Board of Pediatrics Panelist: Robert Wickstrom - Paul Hastings LLP

The Office O365 is a suite of Microsoft office software, including Office Suite (Word, Excel, PowerPoint, Outlook, OneNote, Publisher, Skype for Business, Access) Exchange Online (email, calendar, tasks) SharePoint Online (web portal for collaboration) Yammer (enterprise social networking) OneDrive for Business (cloud file storage) Planner (project management)

The Office O365 also incorporates varying levels of electronic discovery tools search mailboxes, public folders, Office 365 Groups, Microsoft Teams, SharePoint Online sites, One Drive for Business locations, and Skype for Business conversations in your Office 365 environment In a single search

The Office Tools depend on licensing level Types of tools: Data identification Preservation Culling (some) Categorization with analytics (Equivio in background) Export/collection

The Office Report from the front: How much can clients and outside counsel depend on O365 to manage electronic discovery? Identify Preserve Collect How thorough/defensible is O365’s search functionality?

Chronological Development of O365 Process Scope need for O365 Identify features and price points Negotiate and execute contract with Microsoft Develop migration plan Execute migration plan Document results of migration Records management in O365

O365 and Litigation Attorney questions for IT personnel What features of Office365 are you using and managing? Can non-company personnel access content within the environment? Guest Access feature implemented? If yes, Who? How? What audit trail?

O365 and Litigation Admin Roles: Office 365 Admin Global Admin Help Desk Exchange SharePoint Skype (Chat, Video, VOIP) Compliance

O365 and Litigation Client customized metadata exist? What were the backup policies for each type of data uploaded prior to office365? What polices were affected by the move to office365? Who and how were they updated Encryption and Security Describe your experience with responding to eDiscovery before and after for each source. Have any additional office365 features or applications been enabled that are different from before the migration? Can users access their office365 and OneDrive for Business from assets other than company issued?

O365 and Litigation Migration Questions When was the migration started and completed? How was migration performed and by whom? Was everyone migrated at the same time? Were former employees migrated? Was all data migrated? Establish date-related criteria for data migration? Data of legacy companies, if any? Data of acquired entities, if any?

O365 and Litigation Were any backups or copies of data used for the migration? Do they still exist? Are they reasonably accessible? Are they used for business purposes? Were any types of files excluded? Was a specific date range used to exclude certain data? Did you reorganize the old network shares before or after the migration? Did all data successfully migrate? Is the migration complete?

O365 and Litigation Attorney O365 considerations Expertise of client in managing O365 O365 features in use vary by client Client’s licensing level of O365 Security and Compliance suite Extent to which journaling is enabled Microsoft puts the cart before the horse: Functionality introduced before compliance catches up

O365 and Litigation Vendor O365 considerations Awareness of O365 limitations O365 search limitations Client customized metadata exist Data extraction reliable from O365 - exceptions

O365 and Litigation Attorney questions for custodians Are you familiar with office365, do you use it? Where do you save documents, OneDrive, SharePoint? What applications do you use? How do you access O365? Work computer? Home computer? Tablet device? Mobile device? O365 Best Practices (from Chris Adams/Consilio)

O365: (Bill) Gate(s)way to the future? Step to Information Governance solution? Trojan horse change agent introduced to enterprise IT environment Parting Thoughts