1. Proactive Information Management and eDiscovery
Using eDiscovery to Streamline the Compliance Opportunity
Proactive Information Management and eDiscovery
Andrew M. Cohen, Esq.
AGC and Vice President, Compliance Solutions

2. eDiscovery and Policy-Based Management of Information
Using eDiscovery to Streamline the Compliance Opportunity
eDiscovery and Policy-Based Management of Information
eDiscovery, records management and security are colliding (sides of a coin)
Driven by costs and risks
Changes to the Federal Rules of Civil Procedure
Business imperative to do what we should have been doing all along – policy managing information and deleting it when it has no further value
th changes planned to Federal court rules and heightened scrutiny from Regulators, an effective eDiscovery response plan is now a critical business requirement.
However, many organizations lack the technology and processes to pro-actively manage information to support eDiscovery requirements. As a result, they are frequently forced into a reactive posture, paying a high price to manage an inefficient and time-consuming process fraught with risk.

3. Comprehensive Compliance Infrastructure
Using eDiscovery to Streamline the Compliance Opportunity
Integrity
Compliance Services
Vertical regulatory compliance
Information protection & security
Corporate policies and best practices
Policy
Management
Practical classification and “defensible deletion”.
Information Protection & Security
Good business practice – critical for organizations with private, proprietary and sensitive information
Security
Discovery & Litigation Preparedness
Mitigate risk and expense through proactive and voluntary measures.
Accessibility
COMPLIANCE INFRASTRUCTURE
Records Management
Controlled Lifecycle Enforcement
Retention Policy Management
Digital Shredding
Controlled Printing
Electronic Signatures
Audit Logs
Access Control
Content Encryption
Enhanced Auditing
eDiscovery
Information Rights Management
SAFE Digital Signatures
Rendition Control
Security
Archiving
That is a small sampling of the many compliance services the EMC’s compliance infrastructure has to offer. I’d like to summarize what we covered today. We talked about the three pillars of compliance and that an effective compliance platform must have capabilities and functionality that address Integrity, Security and Accessibility. We also went through EMC’s ECM strategy and how inherent in that strategy is a compliance infrastructure. We have a comprehensive set of compliance services ranging from records management, archiving, protection and security to eDiscovery. All this is provided on a unified content platform, and I can’t stress this point enough in terms of its significance to customers. There are significant benefits resulting from lower cost of administration, lower cost of deployment, and lower cost of ownership. Documentum is recognized by analysts, such as Gartner, as well as customers as having the most comprehensive offering on the market. We have deep roots in compliance and are considered one of the most secure and most compliant environments in the industry.
MULTIPLE CLIENT ACCESS POINTS
RICH SET OF CONTENT SERVICES
ALL CONTENT TYPES

4. Principles for Pro-active Information Management
Using eDiscovery to Streamline the Compliance Opportunity
Principles for Pro-active Information Management
Pro-active Information
Management
Policy
Enforcement
Content
Classification
Information
Inventory
Top-down inventory of your information assets
Prioritize: Identify areas of highest risk and concern
Simplify existing retention policies; incorporate reasonable, repeatable, cross-functional business process for retention, disposition, and discovery
Implement an enterprise information lifecycle management strategy broken into digestible pieces:
Build pro-active eDiscovery efficiencies into the IT infrastructure
Separate backups from archive
Continuous improvement
EMC’s proven expertise and documented service methodologies are central to every EMC Services engagement. EMC Services professionals apply experience, expertise, and best practices from countless engagements to enable a pro-active response model that delivers cost savings, risk reduction, and increased responsiveness for current and future litigation events.
Shown here are some of the foundational principles EMC recommends be followed when an information lifecycle management strategy is applied to achieve eDiscovery objectives.

5. Record classification and retention
Using eDiscovery to Streamline the Compliance Opportunity
Record classification and retention
Non record content
Short retention
Enforced deletion
Referential/Productivity
Modest retention
Policy services
Record
Official business record
Longer term retention

6. Federal Rules (Over) Simplified
Using eDiscovery to Streamline the Compliance Opportunity
Federal Rules (Over) Simplified
ESI
Transparency
Meet and Confer
Accessible v. Not Reasonably Accessible
Good Faith
The rules are causing companies to do what they knew needed to be done all along – policy manage information, classify it, treat it as an asset, and then get rid of it when it has no further value because the failure to do so has become risky and expensive.

7. Using eDiscovery to Streamline the Compliance Opportunity
Source:

8. Using eDiscovery to Streamline the Compliance Opportunity
Traditional Process – Flow of Data
Using eDiscovery to Streamline the Compliance Opportunity
Data flow marked by inefficiencies, redundancy and lack of control . . .
Review Sets (copy)
Prod Sets (copy)
Scanning &
Processing
Unmanaged
Sources of Data
File Shares
Laptops
Paper
Other Systems
Handoff
Collect
Outside Vendor
Review Sets
Prod. Sets
Concordance /
Summation
Production: Cover
letter & responsive info.
IT Infrastructure
Legal / IT
“Case Rooms”
Outside Counsel
Opposing
Entities
Corporation
Outside Entities

9. Using eDiscovery to Streamline the Compliance Opportunity
Evolving eDiscovery EcoSystem & Model
Using eDiscovery to Streamline the Compliance Opportunity
Longer Term, corporations will further leverage their matter vault and
online enable that repository for legal review and possibly production 1 2 3
Secure Matter
Repository &
Workflow Tools
Attorneys
Automated
Search &
Collection Tools
Online
Review
Policy-Management
Tools
Legal
Review
Corporation
Investigation &
Initial Discovery Activity
Investigators &
In-House Lawyers
Outside & In-House Attorneys

10. Using eDiscovery to Streamline the Compliance Opportunity