1. Avoiding the Email Iceberg Sean Regan October 2008

2. Data Definitions Structured Data Data stored in a structured format (databases, data sets, etc.). Database tables XML 10-40% of corporate data Unstructured Data Masses of data which do not have a data structure or have a data structure not easily readable by machine. Email/IM/SharePoint File Shares Audio/ Video 60-90% of corporate data 2

3. From land, icebergs are “pretty…” 3

4. From sea, icebergs are “pretty lethal.” 4

5. “Fun” Facts about Icebergs Icebergs are made of fresh water 90% of an Iceberg is below water 1600 icebergs drift southward past Newfoundland each year Average age of the “ice” in an iceberg is ~12,000 years old 680+ reported iceberg collisions since 1850 in North Atlantic 5

6. “Fun” Facts about Unstructured Information 6 SharePoint IM Servers Email Servers File Servers Databases Legal Hold 33% of e-discovery cases related to holds/spoliation Soaring information volume 52% Growth YOY Time and cost of e-discovery Cost of review 1400x cost of storage What is being asked for 77% of e-discovery requests are for e-mail or attachments

7. Documents, Records, and Legal Holds Records Legal Hold Documents All Records are Documents Not all Documents are Records Legal Hold applies to both Documents and Records Mobile Device Laptop Desktop/ Workstation File Server Email Server Tape Subsystem Disc Subsystem CDs

8. E-Discovery 8 e-Discovery Timeline

9. E-Discovery 9 Extend Retention Policies to Electronic Documents Learn about all data that may be involved in preservation, e-Discovery Find, Preserve, and Copy that data to some specific repository Review all that data, with all the capabilities you might have at hand Lawyers! (if needed)

10. E-Discovery 10 $$ Notifications, Manual Holds, Tape Freeze $$ Tape restores, endpoint images, manual collection $$$ Image extractions, De- duplication, passwords, … $$$$ Document Coding & Review ($350 / hour!!) e-Discovery Timeline – Case 1 e-Discovery Timeline – Case 2 e-Discovery Timeline – Case 3 e-Discovery Timeline – Case n…

11. Maturity of Legal Hold Practices 11 Source: ITPolicyCompliance,com

12. Steps to Improve Results Legal Practices to Improve Results Notify employees of legal holds within one hour Form cross-functional teams to respond within one day Employee & enduser training on legal hold Update retention program, policies & procedures for ESI IT Practices to improve results Identify and gaps in procedural and technical controls Indexing of ESI with retention and expiry Converting of information to electronic format Measure results more frequently 12 Source: ITPolicyCompliance,com

13. Policies: Legal Hold Process Procedure for determining when a hold is triggered Ability to preserve both ESI and paper documents Joint responsibility between Legal, IT, and individual custodians Ability to track, monitor, and enforce compliance The litigation hold instructions should include: Issuing party Date issued Scope of the instructions Subject matter at issue Types of records and any specific content covered Locations and media under hold Time frame relevant to the lawsuit