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Proactive Information Management and eDiscovery PowerPoint PPT Presentation


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Proactive Information Management and eDiscovery. Andrew M. Cohen, Esq. AGC and Vice President, Compliance Solutions. eDiscovery and Policy-Based Management of Information. eDiscovery, records management and security are colliding (sides of a coin) Driven by costs and risks

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Proactive Information Management and eDiscovery

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Proactive Information Management and eDiscovery

Andrew M. Cohen, Esq.

AGC and Vice President, Compliance Solutions


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eDiscovery and Policy-Based Management of Information

  • eDiscovery, records management and security are colliding (sides of a coin)

    • Driven by costs and risks

    • Changes to the Federal Rules of Civil Procedure

  • Business imperative to do what we should have been doing all along – policy managing information and deleting it when it has no further value


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Compliance Services

  • Vertical regulatory compliance

  • Information protection & security

  • Corporate policies and best practices

Integrity

Information Protection & Security

Discovery & Litigation Preparedness

Policy

Management

Good business practice – critical for organizations with private, proprietary and sensitive information

Mitigate risk and expense through proactive and voluntary measures.

Practical classification and “defensible deletion”.

Audit Logs

Records Management

Retention Policy Management

Information Rights Management

Content Encryption

Access Control

Controlled Lifecycle Enforcement

Security

Accessibility

Electronic Signatures

Controlled Printing

Enhanced Auditing

SAFE Digital Signatures

Digital Shredding

Rendition Control

Archiving

eDiscovery

Security

Comprehensive Compliance Infrastructure

COMPLIANCE INFRASTRUCTURE

MULTIPLE CLIENT ACCESS POINTS

RICH SET OF CONTENT SERVICES

ALL CONTENT TYPES


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Information

Inventory

Content

Classification

Pro-activeInformation

Management

Policy

Enforcement

Principles for Pro-active Information Management

  • Top-down inventory of your information assets

  • Prioritize: Identify areas of highest risk and concern

  • Simplify existing retention policies; incorporate reasonable, repeatable, cross-functional business process for retention, disposition, and discovery

  • Implement an enterprise information lifecycle management strategy broken into digestible pieces:

    • Build pro-active eDiscovery efficiencies into the IT infrastructure

    • Separate backups from archive

  • Continuous improvement


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Record classification and retention

  • Non record content

    • Short retention

    • Enforced deletion

  • Referential/Productivity

    • Modest retention

    • Policy services

  • Record

    • Official business record

    • Longer term retention


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Federal Rules (Over) Simplified

  • ESI

  • Transparency

  • Meet and Confer

  • Accessible v. Not Reasonably Accessible

  • Good Faith

    The rules are causing companies to do what they knew needed to be done all along – policy manage information, classify it, treat it as an asset, and then get rid of it when it has no further value because the failure to do so has become risky and expensive.


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Source: www.edrm.net


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Prod. Sets

Concordance /

Summation

Scanning &

Processing

Prod Sets (copy)

Review Sets (copy)

Review Sets

  • Unmanaged

  • Sources of Data

  • Email

  • File Shares

  • Laptops

  • Paper

  • Other Systems

Traditional Process – Flow of Data

Data flow marked by inefficiencies, redundancy and lack of control . . .

Handoff

Collect

Outside Vendor

Production: Cover

letter & responsive info.

Legal / IT

“Case Rooms”

IT Infrastructure

Outside Counsel

Opposing

Entities

Corporation

Outside Entities


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Secure Matter

Repository &

Workflow Tools

Attorneys

Evolving eDiscovery EcoSystem & Model

Longer Term, corporations will further leverage their matter vault and

online enable that repository for legal review and possibly production . . .

1

2

3

Automated

Search &

Collection Tools

Online

Review

Policy-Management

Tools

Legal

Review

Corporation

Investigation &

Initial Discovery Activity

Outside & In-House Attorneys

Investigators &

In-House Lawyers


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