Corporate EDiscovery Strategies What Corporations Need from Their Vendors

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Corporate E-Discovery StrategiesWhat
Corporations Need from Their Vendors

• Presented by
• Kurt Jensen, President

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Post Zubulake

• Preserve systems/documents once litigation is
  anticipated
• Suspend routine retention/destruction policies
• Put Litigation hold in place to ensure
  preservation of relevant documents
• Identify documents of key players and preserve
  this information

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Multinationals Multiple Jurisdictions (1)

• Complying with both US Foreign data protection
  and privacy legislation
• (Ex. EU Data protection and US Sarbanes-Oxley
  Act)
• Selection of Discovery vendors may satisfy one
  court but violate law in another
• CPR Disclosure Statement confirming a search of
  electronic data. (England Wales)
• Disclosure of media searches NOT conducted
• What types of devices
• (1)International Financial Law Review article
  Multinationals Face e-Discovery Challenges,
  January 2006, Steven Bennett Sam Miller

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Pre-Collection Corporate Methodologies
Strategies

• Hash databases per custodian
• Lock down shared server space restrict use
• Removal of all electronic files from server
• Delete all emails Print what you want
• Litigation holds

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Document Collection Do It Yourself

• Cost effective, Forensically Defensible
• Targeted Data Collection
• Mitigate costs by deciding on
• Custodians
• Search Terms
• Managers Involvement
• IT Involvement

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Weighing The Risks

• Spoliation
• Meaning
• Risk Reward

• Metadata
• Emails
• Attachments
• File Level Metadata
• System Level Metadata

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Tools for Collection
dtSearch
Sherpa

• Targets a Directory
• Builds Table/Index
• Searches Tables

• Targets a Directory
• Looks at Source File
• IDs for Production

Results

• Does not alter properties if performed on source
  drive.
• Creates files that didnt exist prior to indexing.

• Alters file properties
• No tables generated
• Goes through real data

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Forensic Image

• Do I really need a forensic image of the drive?
• C.Y.A.
• Pennywise but pound foolish!

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Alternative Collection Method

• Videotape collection
• Restricted access to servers
• Complex Systems
• Sensitive information
• Is it Forensically Defensible ?

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Document Processing Review

• Big Brother features
• Third party vendors
• Liaison between Corporate Counsel and Outside
  Counsel
• Housing data internally
• Must be inaccessible

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Corporate RFIs

• On-line vs. near-line storage capability
• Confidentiality requirements of vendor and vendor
  employees
• Questions regarding amendments to FRCP and
  vendors plans to handle
• General counsel is assigning their own staff to
  review
• Some type of concept search/linguistic pattern
  tools required

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Challenges for the Vendor

• Being a Chameleon
• Walking fine line between Corporation and law firm

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Questions