Category: Electronic Discovery

Redact-It Brings Secure Black Outs to Electronically Stored Documents

Before storing documents electronically gained acceptance in the enterprise, retrieving documents meant parsing file cabinets and retrieving paper forms. And when it came time to share that information with the public without revealing classified information, it usually meant copying the original document and then pulling out a black marker that was used to cross out sensitive information on the copy, followed by more copying until the underlying text could no longer be seen. So while in the last decade most companies have scrapped file cabinets in favor of document images, more companies keep the black marker handy than they would probably like to admit.

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A License to Repair; Texas law has far reaching impact.

The State of Texas recently passed H.B. No. 2833 stating you must hold a license as a security services contractor if you “engage in business activity in which a license is required.” The law then outlines that a company acts as an “Investigations Company” under Section 1702.104, (4) (b) “…includes information obtained or furnished through the review and analysis of, and the investigation into the content of, computer-based data not available to the public.” Investigation is a key word in the statute and appears to be broadly defined and it has lead to confusion and controversy.

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Disjointed Legal Counsel Seeking Help for Comprehensive Early Case Assessment

Enterprise and holistic investigation, as concepts and strategies, generate many questions, concerns and risks. Our investigator, legal and security community is made up of 50+ professionals. Our community helps develop working Investigation Playbooks to intersect pressing investigative issues. For example, our community collaborates with us to develop Investigation Playbooks to manage retention policy, business continuity and information security issues. Some of our community members includes KPMG, ARC Group NY and individuals, such as Steve Harper of Crucial Security and Randy Barr Chief Security Officer at WebEx.

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Bringing eDiscovery inside the firewall, DiscoverReady’s eDiscovery vision

This is delivered by marrying efficient resources, high-speed review applications and proactive project and process management. We also use higher level strategies, such as our Dynamic Data Analysis™ (a blending of statistical, conceptual and legal analysis), to both identify relevant documents as quickly and cost-effectively as possible, and to simultaneously reduce the total amount of data required to be reviewed.

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Determining when to dispose of data and reducing review costs

The legal (but somewhat impractical) issue is pretty straightforward here—what industry you’re in will determine the regulatory and legal requirements for you. Since relatively few industries are subjected to substantial regulatory/legal requirements for preservation, the question of retention of most records is, often, a balance between the benefit of end user access, aka knowledge management, contrasted against the burdens of data retention expense and potential legal production obligations.

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Educating IT and Legal on legal risk management

The greatest challenge we experience is the requirement to educate IT and legal teams on the downstream impact of their technology decisions (e.g., an application may be a dream to manage for the IT team but could be very poor for review and production purposes). Our challenge is getting both teams to factor in functionality for all stakeholders and the impact of downstream costs, such as review, legal risk, analysis, etc., to their overall Return On Investment (ROI) calculations.

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Electronic Discovery: Legal counsel’s mood and can we handle blogs and wikis?

For example, a few years ago DiscoverReady had a conversation with a lawyer who needed high-level help understanding the basics of eDiscovery. Three months later, he was listed on his firm’s website as the eDiscovery practice leader. DiscoverReady recommends legal counsel be aware of self-proclaimed experts and stay deeply involved in the eDiscovery process.

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Symantec doesn’t have an electronic discovery strategy

Business processes, like electronic discovery, offer defined metrics and quantitative impacts on organizations. Historically speaking, electronic discovery review budgets have been rising steadily; creating the need to improve review (better crushing power) or reduce data going into review (refined selection process). Moreover, the team at KVS/Symantec knew in 2005 that “Discovery Accelerator 1.0” was a stifled product; primarily designed to return email results for people, according to dates and keywords. At the time all the talk was around better “improving review,” but the market has been saying “early case assessment” since early 2007.

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What is the mood of legal counsel as it relates to legal risk management?

Unlike electronic data, physical case evidence exerted boundaries on the legal budget based on one’s tolerance for going through the boxes of paper and other paper-based evidence. With today’s electronically stored information (ESI), cost provisioning has become unpredictable. It has changed because a single, four-gigabyte thumb drive can have 240,000 document pages on it. Counsel doesn’t really know how many of these documents will be relevant until the review cycle, unless there is an early case assessment done.

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Mary Mack talks legal, technology and risk management through education

For IT professionals who see no reason to treat evidence any differently than any other data, I practice a simple chain of custody exercise. I have them simply “move” files from on physical disk to another. Many people interpret data movement like they would move a chair; however, when you move Electronically Stored Information (ESI) from one physical device to another, it moves a representation of the original item. Critical things like data ownership, group security, created date and many other pieces of metadata (data about data) are changed when the data is “moved.” This minor issue can become a major legal risk when authenticating chain of custody in court.

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