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You need to search through 3 years of e-Mail on the 5-Wheel Bike project

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Pre & Post Supervision of e-Mail. Optimized business Processes mean better Response times to Customer inquiries. Retain eMail Records as a key corporate asset for years. e-Mail Search makes Legal Discovery a snap!. You need to search through 3 years of e-Mail

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Pre & Post Supervision

of e-Mail

Optimized business

Processes mean better

Response times to

Customer inquiries

Retain eMail Records

as a key corporate

asset for years

e-Mail Search makes

Legal Discovery a snap!

You need to search

through 3 years of e-Mail

on the 5-Wheel Bike project

Single-Instance Storage

reduces your email

DASD footprint

Find e-Mail records whenever

the need arises.

El Searcho, El Findo!

Welcome to Compliance & eDiscovery

Compliance is Golden!


e-Mail Archiving and

Records Management

can help you

meet them

Detect bad



Corporate Governance means you create your own corporate compliance requirements

Uh-oh – each one of your people is generating 4 megabytes of eMail every day – your system performance is all over the floor

CommonStore helps you to reduce investment for additional hardware

Uh-oh…the SeptaCycle Foundation is suing you for taking their idea.

Reduce in-house

expense of legal IT


Monitor employee


Archiving is designed

to reduce data on

high performance

disk devices

Use visualization

techniques to show

relationships among

people based on


btw-CommonStore for SAP can improve your SAP system performance

Compliance & eDiscovery Chutes and Ladders


Records Manage- ment allows you to store eMail as a corporate record

e-Mail Archiving &

Discovery for Lotus

Domino & Exchange

You have a Lotus Domino or MS Exchange eMail infrastructure in place


"It's what my company and I didn't know about e-mail archiving and e-discovery that got us into trouble"

Tom Reding, CRM, Executive Consultant: Risk, Governance, & Compliance Solutions

e mail messaging is exploding
E-mail Messaging is Exploding
  • 131 million(est.) emails sent daily
    • Predicted to increase to 276 billion by 2009
  • Email is
    • 75% of corporate Intellectual Property
    • Subject to government and industry regulations eg FRCP
    • Increasingly subpoenaed in litigation
  • 30% of people’s time is spent searching for relevant information.
  • Nearly 60% of companies impose mailbox size limits to curb the growth.

E-mail has become the primary medium for how we communicate. The consequence is that e-mail has become a de facto [record] repository.

CIO Magazine, Jan 2005

legal discovery factoids
Legal Discovery Factoids
  • We live in the most litigious society in history
  • Legal discovery represents 75% of litigation costs in most major cases
  • 80% of all the world's lawyers are in the US
  • 130,000 students are currently attending law schools
  • Plaintiffs filed 30 Million new lawsuits last year or 82,000 per day
  • 22,000 regulations world-wide requiring the retention of information
  • 14,000 regulations in the US requiring the retention of information
e mail management e discovery statistics do any of these sound familiar
e-Mail Management & e-Discovery StatisticsDo any of these sound familiar?
  • 50% of IT mangers said, they’d rather have a cavity filled than respond to a e-discovery request.
  • 63% of respondents have been required to produce an e-mail as part of legal action.
  • 53% of respondents admit they are not prepared to meet the new amendments to the FRCP.
  • 1 in 3 organizations isn’t even aware of the “new” FRCP rule changes.
  • 52% of IT managers surveyed do not have an e-Discovery plan in place that has been prepared by legal counsel.

June 2007 Osterman Research, Inc.

400 IT Managers & end users

impact of the new frcp amendments on your business
Impact of the New FRCP Amendments on your Business
  • ONLY 7% of corporate counsel attorneys rated their companies as prepared for the new amendments.
  • 20% annual e-mail use growth.
  • 60% of organizations impose an e-mail box size limit today.
  • Instant messaging growth from one-third of e-mail users today to ubiquitous by 2009.

Osterman Research Inc.

January 2007


Recovered Emails Bedevil Qualcomm in Court

  • By DON CLARK - Wall Street Journal
  • October 9, 2007; Page B1
  • Chip maker Qualcomm Inc. has long battled rivals in court. Near the end of one trial in January, Viji Raveendran, a senior company engineer, made a surprise disclosure: a search by her lawyers had turned up emails about a key issue that hadn't been shared with defendant Broadcom Corp.
  • "This is every trial lawyer's nightmare," says Francis H. Morrison III, a lawyer for Axinn Veltrop & Harkrider LLP who isn't involved in the case.
  • Others are having bad dreams, too. Failures in finding, saving and sharing emails are bedeviling large and small litigants, undermining their credibility with judges and affecting the outcome of high-stakes trials. New federal rules have reinforced companies' obligations to produce electronic evidence, which has exploded in volume as emails replace phone calls and other business communications.
e mail systems have simply become overloaded
E-mail Systems Have Simply Become Overloaded

E-mail systems were not designed to store vast amounts of email and attachments for long durations.

  • Overloaded e-mail systems cause:
    • System down time
    • Bloated inboxes
    • IT imposed mailbox size limits
    • Private archives (.pst/.nsf files)
    • Lost data due to .pst/.nsf corruption
    • Increased storage costs
    • Increased backup and restore times
    • Time consuming server upgrades and consolidation
    • Overwhelming challenge managing e-mail backup tapes

Companies are challenged to manage and store increasing amounts of e-mail.

Implementing mailbox size limits is not the answer – employees keep local copies that may be discoverable, creating a compliance and legal nightmare.

Backup/restore times take longer.

Compliance requires e-mail to be retained more stringently for long periods of time – adding to the e-mail storage problem.


Mail body

companies are struggling with regulations and lawsuits
Companies are Struggling with Regulations and Lawsuits

Dear [name of opposing counsel]

By this letter, you and your client are hereby given notice not to destroy, conceal or alter any paper or electronic files, or other data generated by and/or on your client’s computer systems and storage media. This includes, but is not limited to: e-mail and other electronic communications….

  • Mounting Regulatory Pressure
    • Complexities of assimilating and managing regulations
    • High penalties and brand damage associated with not meeting regulatory compliance
  • Increasing Risk and Cost of Litigation
    • Inability to rapidly and cost effectively retrieve subpoenaed emails (~72 hours)
    • Most electronic messages are either deleted or are stored on tape that is not indexed and not easily accessible
  • Companies must ensure email authenticity

Morgan Stanley paid a $15 million fine to settle a Securities and Exchange Commission (SEC) probe into its failure to preserve e-mail.

On average, large companies have 86 non-frivolous lawsuits ongoing.

Nearly 3 out of every 4 enterprises were required to search backup tapes for old e-mail in the past three years.

Five U.S. Banks were fined $1.25 million for being unable to retrieve subpoenaed e-mail – which were stored on backup tapes.

A single legal discovery for e-mail can cost between $150,000 and $250,000.

Onelawsuit could ruin a small business.

Sources: Gartner; Osterman Research; various news articles.

cost drivers ediscovery and compliance
Cost Drivers - eDiscovery and Compliance
  • Most of the process is handled by service providers, outside law firms due to non existent inhouse solutions
  • Funneling data to service providers in huge volumes including irrelevant, redundant, expired information due to lack of corporate record retention, hence excessive fees paid, especially for legal processing and review
  • No early case insight, no early case strategy

The average cost of defending a lawsuit exceeds $1.5 million per case

Average # of new disputes / year: 50

Gartner 2007










$20 / CD, DVD

$40 / mailbox


Process Management

Service provider charges, Socha-Gelbmann 2007

why don t we hear more about success stories
Why Don’t We Hear More About“Success Stories”?
  • Corporate reluctance to draw attention to themselves
    • They are “cautious” to “be public”
  • Evolutionary process still in progress
    • They “have not yet arrived”
  • A first or early phase deployment
    • Desire to wait until their deployment is more mature
comply or die grc software ain t sexy but it sure sells
Comply or Die: GRC Software Ain’t Sexy, But It Sure Sells 4/7/2008

  • Businesses in Germany, Japan and US collectively will spend $32.1 billion on GRC Technology Services, up 7.4% over 2007
    • 65% of Organizations were increasing their spending
    • 26% of Organizations were expecting to spend about the same
  • How are Organizations Addressing GCR:
    • 38% Globally
    • 36% Domestically
    • 25% LoB

AMR Research Survey March 2008