Chasing Holistic eDiscovery Solutions; Interview with Autonomy e-Discovery Director Jack Halprin Part 3

It all comes down to a vision of an underlying technology platform that dramatically changes the way in which we interact with information and computers: where computers adapt to our world rather than the other way around. Because we use a Meaning Based Computing platform, our technology enables people to interact with information ideas and understand their relationships to each other, no matter how they are expressed and no matter what the format. Based on that understanding, Autonomy’s solutions process information and perform sophisticated analysis operations that provide a tremendous advantage in overcoming the challenges of managing electronic data for eDiscovery, information & records management, and compliance. Corporations want a single platform and a single vendor to rely on to minimize the footprint in the organization and to build a partnership with, they do not want to run a hundred searches with a hundred different platforms, even though they may have more than a hundred different varieties of ESI.

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Chasing Holistic eDiscovery Solutions; Interview with Autonomy eDiscovery Director Jack Halprin Part 1

This blog entry is the first in a series of interviews with Autonomy’s new Director of eDiscovery, Jack Halprin. Jack is well known in the eDiscovery world having held a lead role on the EDRM Metrics Project and for his work at Guidance Software.
In this first interview, Jack gets to talk about what drew him to Autonomy and his first impressions coming on-board. Autonomy’s breadth and diversity of offerings can be intimidating from a consumer’s viewpoint, so we get an expert’s inside view of what makes them different.

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The Challenge of Historical Corporate Collections, Leveraging Legal Demands – Part 2 of 2

There are many more enterprise applications that can be dual purposed for eDiscovery and business benefits. Desktop search can help users find and designate ESI. Firewall and spam systems can actually be used to collect IM conversations. Content Management Systems expand the potential search/preservation criteria and can decrease the potential volume of ESI by enabling active expiry of unnecessary items. The important thing is to think beyond point solutions and bring legal, business and IT to the table to extract the greatest value from the ‘cost of doing business’ in America.

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SaaS – Can Outsourcing be a Shortcut to Litigation Defensibility?

Overall, SMB’s have a potential shortcut to ‘Litigation Readiness’ through SaaS outsourcing of the primary messaging and file storage systems. Legal definitely needs to be involved in the provider selection and RFP process, but IT should welcome another sponsor to the project. Legal should request documentation on system capabilities (search/culling for Rule 26 disclosures and Meet & Confer), Chain of Custody, exception reporting, deposition fees for authenticating evidence (Rule 30(b)(6)), SLA’s for retrieval rates, physical/electronic security and the actual storage format of the ESI. The last is particularly important in case the requesting party makes arguments for using alternative search engines on the ESI. Governmental agencies are required to store records in an open format like MSG files for email, so any SaaS provider who has public sector clients should utilize an open format storage system. With a little research and diligence, SMB’s can leverage SaaS to achieve litigation readiness in a cost effective manner.

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Recent Cases Challenge Privilege on ESI Transmitted Overseas

Whether we are talking about email, IM, Text, VOIP or any other communication stream, recent cases have challenged the presumption of corporate privacy, privilege and ownership. Proper policy and training seem to be the answer for domestic corporations who use a SaaS email provider or other US based Text/SMS provider. When dealing with world-wide infrastructure, a corporation must engage specialized counsel and actively monitor cases and publications like those of The Sedona Conference Working Group 6: International Electronic Information Management, Discovery and Disclosure. Although the rules seem to be changing, companies can make informed risk vs. cost decisions to minimize their potential exposure if they are cognizant of the issues and do not just pretend that they do not exist.

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The Challenge of Historical Corporate Collections, Leveraging Legal Demands – Part 1 of 2

As corporations slowly face the consequences of unmanaged information assets, they have started to form ESI retention policies, acquire email archives and other enterprise technologies needed to track and dispose of newly created communications. It is much simpler to enable policy, process and technology to handle the go forward content than to deal with years or decades of accumulated unstructured content. Most public corporations have existing preservation requirements to deal with on top of possible long term retention regulations.

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Walking the line in Message Monitoring with Rules

The recent Quon v. Arch Wireless decision has raised many questions about a company’s ability and right to monitor employee communications. Fortunately, a deeper read shows that the real issues centered around the employee’s reasonable expectation of privacy, which a well documented and communicated policy solves handily. So an employee might ask, “I know that the company owns my email, but do they really read it?”

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Exploring the Secondary ROI of Discovery Purchases – DLP, Archiving, Endpoint Security

In looking back at the earliest generations of Information Lifecycle Management (ILM), Business Analytics and Data Loss Prevention (DLP) products, we can see a wasteland of interesting technology that was too early for the market. We are now seeing the hints of resurgence in products adjacent to enterprise discovery based on the ‘secondary benefits’ of corporate archiving, preservation and collection. Basically, corporations seem to be recognizing that the infrastructure required to establish an efficient, defensible discovery process can and should be leveraged to provide other business functionality.

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