1. E-discovery Discussion

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3. Policies and Procedures Do you have a set of e-discovery policies and procedures? – Who is the lead for e-discovery efforts on your campus? – Do you have a workflow for handling incidents? – Do you insource/outsource collections or analysis?

4. Policies and Procedures DukeNotre DameUCSF Policies/Procedures ? Yes Lead for E- Discovery? Office of CounselGeneral CounselOffice of Risk Management Workflow?Yes Source for Collection? Insource Source for Analysis?OutsourceBoth Drivers: Burden on Staff 5-10 hours 65% of the time (ND) Cost 10K outsourcing vs. 3K insourcing for collection – 1.5 FTE (UCSF) Type and volume of litigation Schools dealing with 2-3 requests/year may not require automated tools; complete litigation holds may require outside help

5. Data Retention Do you have a data retention policy? – Email – Documents – Metadata (logs, etc) How does the account lifecycle affect the above? – active employees and students – terminated employees, etc.

6. The Cloud and E-Discovery How has the move to the cloud changed your e-discovery policies and procedures? Do you require your cloud providers to notify you or refer law enforcement to your school for data requests?

7. Move to Cloud? Some considerations Information Governance — Will the provider delete data pursuant to the business’s records retention policies? Preservation — How will a litigation hold be implemented? Accessibility — How quickly can data be accessed and retrieved for the purpose of e- discovery? Format — In what format will data be stored and in what format will it be retrieved? Collection — Can targeted collections and searches of data be done? Review — How will data be accessed, searched and retrieved? Production — What file options are there for exporting data out of the cloud? Location — Where will the hardware storing the data be physically located in the world? Security — What security measures will be in place to protect against the unauthorized disclosure of data? Risk of Loss — What happens if potentially relevant data or metadata is deleted or altered? Admissibility — Will data be stored and retrieved in a way so that it can be admitted into evidence during litigation? Cost — Will the provider charge any additional costs for any measures that need to be taken to comply with e-discovery? 7

8. Many Thanks to… David Rusting Mike Chapple Asbed Bedrossian Charles Leonhardt