1. Mitigating Discovery within Government Investigations
Aaron Vick, Chief Strategy Officer
Michael Tanji, Cyber Security Expert

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

3. When the Request Arrives

4. When the Request Arrives

5. When the Request Arrives
Identify & index the requests for data

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

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

8. When the Request Arrives
Identify & index the requests for data

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

10. 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?

11. 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?

12. 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)

13. 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

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