US eDiscovery v UK eDisclosure

Editor's Notes

• #3: Quentin Archer Quentin specialises in matters involving computers, communications and other aspects of high technology. He regularly advises on the resolution of technical disputes, the preparation and negotiation of outsourcing and other IT agreements, and on regulatory issues such as data protection. Quentin is the co-chair of the Sedona Working Group on International Data Privacy issues. Jim Shook Jim is a recognized authority on legal discovery and compliance issues related to electronic information. In his role as the Director of EMC’s eDiscovery and Compliance Legal Team, Jim regularly counsels EMC’s customers in helping them to solve challenges with eDiscovery, compliance, and privacy. He is a long-time, active member of The Sedona Conference. David Morris
• #5: Information is at the heart of your business and fundamentally there’s a lot of it. There is forecast to be 1.8 zetabytes of information by 2011, so there is lot of information out there. Most of that information is not sitting inside of databases. In fact, 95 percent of information is unstructured. That’s emails, files, videos – any type of content that is out in your environment today. What you will find is that most of it in your organization is unmanaged. We estimate that 85 percent of all information that sits out in an organization today is unmanaged and that means there is no formal retention policy, no formal data protection policy in place for managing that information. In fact, even though individuals create a great amount of information today, organizations are accountable for also about 85 percent of the information overall in the industry today. So there’s a lot of information out there. It’s not very well managed, and it’s becoming more and more regulated. And information across the organization and the penalties for not properly managing the organization are getting more and more severe. If you do the math, by 2011 there is 1.2 zetabytes of information out there and that information is in organizations and needs to be looked at, to be managed, and it’s not being done today. And that’s really the challenge and the opportunity that we see in this marketplace today. Uncontrollable growth of information: SharePoint: 2 billion seats, growing at 25%, will surpass $5 billion by 2012 More than half of organizations are running SharePoint Email is growing at 20% * Risks and costs of litigation: 40% of largest companies spend over $5 million annually on litigation ** Hyundai was fined $8M for willfully failing to comply with discovery requests *** 80% of electronic discovery includes email****
• #6: Growing need for eDiscovery amongst corporations Once a Litigation event occurs the Corporation must by law respond. There is no OPT out. 89% of companies face litigation (Fulbright & Jaworski 6th annual litigation study) Chances are high that they have some internal investigation or audit now It costs $18M to handle eDiscovery for 1 TB of information if you are not prepared (Gartner) The costs of complete outsourcing could be as high as 10x the cost of internal handling of eDiscovery Risks and costs of litigation: 40% of the largest companies spend over $5 million annually on litigation (Fulbright and Jaworski) Willful destruction of evidence lead to sanctions – E.g. $29 million in damages (Zubulake vs. UBS Warburg) Average annual cost of litigation preparedness and response is $34M for large corporations Federal Rules of Civil Procedure (FRCP) – speed is of the essence for eDiscovery (Summaries from slide 4) There are compelling statistics about eDiscovery. 89% of companies face litigation … and nearly all companies have some kind of internal investigation or audit at any given point in time. With average costs of incidents being $1.5M it’s important to have cost containment strategies and repeatability. Further, the costs of outsourcing, not to mention the resulting lack of control, are reasons to strongly consider deploying in-house eDiscovery technology. 10x came from the Kazeon site with side by side differences for in-house vs. a 3rd party
• #7: Today we’ll discuss a content intelligence challenge that faces numerous businesses like yours—unmanaged file growth. Examples of questions to answer are where is it located, how much do you have, and when can you delete it. We will then examine EMC's offering to address this business challenge, EMC SourceOne File Intelligence. We will then follow up with some representative use cases and conclude with a summary.