Digital Forensics & eDiscovery for the Financial Executive

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FEI – Western MassDigital Forensics & eDiscovery (the Ba$ic$)The Lorenzi Group

(c) 2012 - The Lorenzi Group LLC – All Rights Reserved


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Employee Lawsuits

Median Employer Cost:

$326,640.00


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FCPA

Mean Average Fine (2011)

$20,000,000.00


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Internal Investigations

SKYROCKETING

Up an average or 50% across all sectors

Larger companies using more frequently

MITIGATION is the Goal

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Metadata

What is it?

Examples you know



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Electronic Information

Documents

Emails

Instant Messages

Videos (Skype)

Maybe even voicemails…..

Computers, smartphones, copiers, Xbox, Cars… and coming soon to a refrigerator near you!


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Data

Not words in a book; Cheese on a pizza!


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Digital Forensics: The Process

Digital Forensics Using a 35MM Camera

Create a FORENSIC Image

Load Film & Take Pictures

Process Image (Data Carve & Index)

Develop Film

Analyze Data, Search Terms, etc

Decide which Pictures you like

Reporting & Testimony Scrapbook Photo Album


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Your WORST Nightmare

SPOLIATION

What is the fastest way to “win” a lawsuit?

Drive up eDiscovery costs!

*NOTE: The only ones who “win” lawsuits are the lawyers!


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Ounce of Prevention

Planning mitigates costsData segregationVendor strategyData & User Monitoring


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Proactive “Forensics”

Doc’s, Email, IM’s, Skype (video calls), etc.

Resource/Program Usage

User Activity/In-Activity

Document Access & Changes

Website Visits

File Transfers, CD Burns, USB Thumbdrives

More


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Cost Justification

1. Segregated data saves Time, Money, & Scope

2. Vendor Action Plans can reduce costs by 20%

3. Data & User Monitoring40% Online Fraud is EMPLOYEE driven!

Employees SELF REPORT 1-3 hours of wasted time at work. (Salary.com Inc 11/19/2010)

What isn’t being self reported???

15 minutes of increased productivity = 2.5%


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From eDisaster to eDiscovery

Digital Forensics is the 1st step

E-DiscoveryConverting paper

Results of Digital Forensics

Review for Privilege & Relevancy

Mark & Share


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Reality

This is not going away……


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Doesn’t NEED to be Expensive

Expensive is a relative term….

Planning ahead, saves more money than time

If it can be captured, it will be asked for


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Cost Saving Tips & Tricks

Be LIBERAL on Preservation, CONSERVATIVE on Restoration

It is NOT “all or nothing” (unless you wait too long)

The hidden killer is Monthly Storage Fees

Demand Flat Rates & Fixed Pricing whenever possible

Push vendors to work together


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Digital Forensics Costs

Preservation: < $1000 per Image

Restoration: $500 per Image

Data Extraction & Analysis: $4-5K per Image

Deposition & Testimony not included

Budget $6K per media imaged

Make hard decisions @ $3K


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eDiscovery Costs

Varies Widely

STOP paying by GB (gigabyte)!!

Pay Hourly or Fixed Price – Savings are in the 70% range… sometimes more

Online Hosting is expensive, but MAY be cheaper than in-house

Expect to pay $5-10K per media image, push for $10K Total (DiFo & eD)


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Q&A

Robert Fitzgerald

The Lorenzi Group

www.thelorenzigroup.com

866-632-9880 x123

Digital Forensics & eDiscovery for the Financial Executive

Technology

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