1. Tackling Preservation Before it Tackles You: A Practical Approach to Data Preservation Joseph A. Venturella Advanced Discovery Solutions Group

2. In the simplest of terms and in a rare occurrence, data preservation means exactly that, preserving data.

3. Joseph Venturella Former US Marine Deputy CIO - Williams & Connolly Director of Discovery – Williams & Connolly SVP Legal Solutions – RenewData VP Solutions – Precise, Inc.

4. The More Important Questions Who – What – When – Why – How ▫The “where” isn’t really a legal factor but can be a security and information technology issue. During this presentation we will be addressing the issue of data preservation from the standpoint of a project. ▫Meaning: We will not be discussing internal resources or internal responsibilities for a project of this nature.

5. Why Preserve Data Legal action Adherence to governing laws and regulations ▫Federal ▫State Regulatory laws and statutes ▫Financial, healthcare, insurance, etc. Requirement in the course of business ▫Human resources, taxes, etc.

6. Whose Data? Identification of custodians Always over identify ▫What does this mean? ▫What is the basis for identification? Remember that simply identifying a custodian as having potentially relevant data does not dictate future processing requirements. This process is about information not people. Consider employees that are no longer employees with your company.

7. What Data? Identification of data sources What types of sources are available? ▫Email ▫Unstructured data ▫Structured data ▫Traditional sources This process is about collecting data not collecting media. ▫Over collecting on a mass scale can cause more problems down the road  Specifically when referring to backup tapes

8. Preserving Data not Media Over preserving is impossible to avoid so steps must be taken to eliminate preserved data not required to be preserved. ▫Cost and risk need to be considered Maintain control of your data sources where there are more than one sources out of your control. ▫Multiple litigation projects ▫Freedom of Information Act (FoIA)

9. When do I Preserve? This is the hardest question to answer. ▫The rules dictate that potentially responsive data be preserved when the potential for litigation has been established. What can happen if preservation doesn’t happen? ▫Loss evidence ▫Evidence is changed ▫Spoliation ▫Sanctions

10. How do I Preserve Data Determined by data source ▫Email ▫Unstructured data ▫Structured data ▫Custom system(s) Determined by need ▫Volatility of case ▫Public opinion ▫Relationship with opposing counsel ▫Needs of the case ▫Be realistic Data must be preserved in a form consistent with how the data is used during the normal course of business Discovery is not meant to disrupt or shutdown the day-to-day operations of a company.