1. Leveraging Cloud Technology to Reduce Cost and Risk in E-Discovery
John Massengale, AccessData
Cory Wagner, Druva

2. Growing Data Volumes, New Data Types
Current E-Discovery Landscape
Growing Data Volumes, New Data Types
More data has been created in the prior 2 years than throughout human history
International Data Corp (IDC) estimates that by 2020, transactions on the Internet will reach 450 billion per day
By 2020, at least half of all data will reside on endpoints and cloud apps
The first reason why the e-discovery process is becoming more inefficient is based on the growing data volumes and new data types present in e-discovery. Yes we are talking about big data and big data has tremendous effects on e-discovery - adding to the complexity of it.
As you will read on the screen, the amount of data being produced, where it’s touching and how it’s being used is changing.
For Fortune® 1000 companies, a 10% increase in data accessibility would result in +$65 million of additional net income
Only 0.5% of all data is ever analyzed and used

3. Current E-Discovery Landscape
Enterprise-generated content will exceed 240 EXABYTES.
On average, a gigabyte of data represents approximately
$18,000 in
e-discovery costs.
1 Exabyte = 1,073,741,824 GBs
Ediscovery costs are directly related to the amount of data retained and reviewed. Recently, the RAND Institute for Civil Justice1 issued a detailed report on e-discovery titled, "Where the Money Goes: Understanding Litigant Expenditures for Producing Electronic Discovery." This study found that on average, each gigabyte of data represents approximately $18, in e-discovery costs. On a per-gigabyte basis, costs ranged from $125 to $6,700 for the collection of data, from $600 to $6,000 for processing electronic data, and from $1,800 to $210,000 for the legal review.
1 Extabyte = 1,073,741,824 GBs
Do the math!
Source: RAND Institute for Civil Justice

4. Current E-Discovery Landscape
How can you reduce e-discovery expense, without sacrificing critical information for your case?
Have Data At The Ready for Preservation/ Collection
Enforce retention and defensible deletion policies
Leverage audit trails
Create centralized viewpoint for data governance
Automate Your Legal Hold Workflows
Ease of applying holds across custodians and data sources
Preserve ESI in a forensically sound manner
Repeatable, defensible processes
Reduce Data Collection
Cut down on data preserved, collected, and sent outside
Leverage targeted collection
Conduct Early Data Assessment without re-collecting data
#1 The first ways to cut your e-discovery costs in half with technology is by having data-at-the ready for preservation/collection. No matter what your organization’s information governance policies are, keep everything, strict document retention policies, organizations will eventually at sometime need to access and produce data for e-discovery which will disrupt your IG policies.
CHALLENGE
Different information governance approaches
SOLUTION
Need to start decluttering and begin organizing how you store data
HOW TO GET THERE
Enforce retention and defensible deletion policies
Leverage audit trails
Create centralized viewpoint for data governance
2. The second way to cut your e-discovery costs in half with technology is by automating your legal hold/preservation workflows. Legal teams have and probably always wills struggle with preservation based on that there is no bright line indicator when preservation must begin. Making it more imperative than ever to create a defensible preservation process the encompasses
Ease of applying holds across custodians and data sources
Ability to preserve ESI in a forensically sound manner and
Ability to authenticate ESI collected from the relevant data sources
3. If you can minimize the amount of data collected, that reduces the amount of data going into your eDiscovery tool and going through processing and sent for doc review – which these two phases of e-discovery by far are the most expensive. Data coming in for eDiscovery should be proportionate to the case at hand (FRCP rules) – This means that legal and IT need to weigh the monetary cost of e-discovery against the value and importance of the information sought. If the cost to preserve, collect, process and review will outweighs the likely outcome (settlement amount, for example) than serious consideration should be given to what is collected during discovery. This can be done leveraging targeted collection capabilities in an e-discovery platform, vs. doing a full disk collection and weeding through all of the data after it is collected. Likewise, early data assessment should be done prior to data ever being collected to help minimize the amount of data being preserved, collected and ultimately passed on for review.

5. Complicated, Manual and Expensive
Traditional eDiscovery Workflow
Reactively collect data from endpoints and cloud apps through disjointed solutions. Data spoliation risks with no chain-of-custody tracking and reports
Transfer or ship data via FTP, disk, tape and ―unsecure
Legal receives data and moves it to their storage
Culling for relevant data and reviewing begins
Complicated, Manual and Expensive
We’ve covered three steps in the process that can be adjusted to help reduce e-Discovery cost. But let’s take a look at the actual workflow and inefficiencies that lead to increased cost and time (and time is money!).
Traditional methods of managing e-discovery involved a very manual processes.
Step through the process, provide time estimates on what each stage takes – total process 3-5 DAYS!
What if you could reduce this down to 1 day – or less?

6. What’s the Solution?
Leverage an e-discovery solution in combination with compliance/archiving solutions to speed up the process, thus cutting e-discovery costs.
Existing IT solutions can be leveraged to help streamline e-discovery. Existing IT solutions meaning leverage their e-discovery software in combination with their compliance/archiving software to speed up the process, cut costs and become more efficient in e-discovery.

7. INFORMATION GOVERNANCE
Understanding the EDRM Model
REVIEW
ANALYSIS
PRODUCTION
PRESENTATION
PROCESSING
PRESERVATION
INFORMATION GOVERNANCE
IDENTIFICATION
COLLECTION
Data Volume
Speak to how our systems work together to facilitate this simplified workflow approach and the business gains: efficiency, cost savings, data security/integrity
Relevance

8. Benefits of a Streamlined Approach
1. Significantly lower costs
Eliminate manual processes
Save time
Reduce ROT (Redundant, Obsolete, Trivial) data with pre- ingestion culling

9. Benefits of a Streamlined Approach
2. Reduce risk of data loss/spoliation
We’ve covered the cost savings aspect of taking a different, more proactive approach to automate the preservation process and minimize collection. And we’ve discussed how a new, integrated workflow can also reduce cost. But another factor to consider is risk. Data is the most critical asset a company has (besides it’s employees!). Protecting that data, and the INTEGRITY of that data is crucial. In the old workflow, data is often switching hands, which can introduce risk of data being compromised, lost, or metadata being altered and chain of custody not being preserved.
Reduced handoff between systems and people means less chance of data loss/spoliation
Speak to forensically sound preservation and collection, AD single database, not needing to physically export data, etc. how all of this impacts data security/protection in a positive way.

10. Streamlined E-Discovery Workflow
Single platform to proactively collect data meets legal forensic requirements
Automated legal holds, data preservation and chain of custody tracking and reporting
Search and cull data to reduce downstream e-discovery costs
High-speed processing and review

11. Summary
With the joint solution from Druva and AccessData, orchestrate the entire e-discovery spectrum in a single solution– Collection, preservation in place, processing, analysis and review
Accelerate the e-discovery process and cut costs
Minimize spoliation risks with chain of custody and ensure data is fingerprinted for authenticity and collected with extended metadata (as outlined by the DOJ and EDRM) to meet defensibility requirements

12. Three lucky winners! Thank you! Questions?
For a demo of how Druva and AccessData can be used together to improve e-discovery efficiency, stop by our booth during the upcoming break.
John Massengale, AccessData
Cory Wagner, Druva
Use survey to select winners, can be placed at seats prior to presentation and collected during Q &
*NO PURCHASE NECESSARY. Legal residents of the 50 United States 18 years or older.  Employees of any governmental entity are not eligible to participate in this offer. Sweepstakes date: April 6, Prizes: Three Amazon Echo devices (Valued at approximately $180 each) will be raffled off to attendees of the AccessData/Druva session during the Raleigh Data Connectors Event. Must be present/attend session to win. Prize is non-transferable. Sponsor has the right to substitute prize of equal value if necessary. Odds of winning dependent on number of individuals entered into the raffle.  Void where prohibited.