Mitigating Discovery within Government Investigations Aaron Vick, Chief Strategy Officer Aaron@cicayda.com Michael Tanji, Cyber Security Expert Mike@cicayda.com

Prior to a Government Investigation Policies and Procedures Document/Email Retention (Paper and Digital) Data Accessibility On-Premise Offsite Cloud Existing Manuals, Written Policies, etc

When the Request Arrives

When the Request Arrives

When the Request Arrives Identify & index the requests for data

When the Request Arrives Identify & index the requests for data Identify any overlapping litigation

When the Request Arrives Identify & index the requests for data Identify any overlapping litigation Establish procedure for documenting

When the Request Arrives Identify & index the requests for data

Issuing Legal Hold Issue hold throughout entire company? What is currently being investigated? What should be identified? Multiple questionnaires needed?

Who, What, When, Where Who What When Where Who are the custodians? What format is the data stored? When What date range is in question? Where Where is the data stored?

Analyze Why is there an investigation? What data sources do you have? What information can you cull down? What parameters can you put on the data to get to a more manageable amount?

Protecting Privilege & Work Product Draft a protocol outlining initial criteria for privileged material Would you produce any requested data in civil litigation? Request for FOIA Exemption under 5 U.S.C. § 552(b)(4)

Review What is responsive based upon review requests? Is the volume of data too large for an adequate review based on the request deadline? Preparing for rolling productions

Experts Helping Experts Corporate Threat Detection Managing Large Scale Litigations (MDL) Government Investigations Request