E-Discovery Challenges of Microsoft SharePoint

WELCOME TO THE SHAREPOINT E-DISCOVERY JUNGLE

Copyright © 2011 eTERA Consulting

E-Discovery Challenges of Microsoft SharePoint


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Today’s Speakers

SharePoint’s Expanding Reach

Challenges of SharePoint Preservation and Collection

How Pension Committee and Victor Stanley are Relevant

Risk Assessment Service for SharePoint

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Today’s Speakers

As Director of Product Management for StoredIQ, Amir Jaibaji manages the creation and development of the company’s market-driven product roadmap. Providing technical leadership for StoredIQ’s award-winning Intelligent Information Management Platform, Amir is also responsible for spearheading StoredIQ’s legal workflow application, eDiscoveryManager.

Amir JaibajiDirector, Product ManagementStoredIQ

Alan is responsible for developing and managing integrated marketing and training programs designed to educate clients on complex data management challenges and solutions. Mr. Brooks has hands-on domain experience with processes and technology for all areas of the EDRM model from Information Management through Production.

Alan BrooksVice President, MarketingeTERA Consulting

John is responsible for assisting our clients in taking proactive steps to manage the complex ESI landscape and effectively address their legal, compliance and regulatory requirements. Prior to joining eTERA Consulting, John was the Managing Director of The Oliver Group, an international forensic analysis company.

John RubensManaging Director, Corporate AnalysiseTERA Consulting


SHAREPOINT’S EXPANDING REACH


What is SharePoint?

SharePoint is a multi-purpose platform allowing for managing and provisioning of :

• intranet portals• extranets and websites• document management• file management• collaboration spaces• social networking tools• enterprise search• business intelligence tooling• process/information integration• and third-party developed solutions

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Source: Wikipedia


Why is SharePoint Popular?

• It has a wealth of easy-to-use, web-based collaboration tools and templates that are similar to Microsoft Outlook, making it easy for users to learn

• It is easily extensible and customizable to fit a wide variety of businesses

• It can scale• Often only limited IT

involvement is needed to start

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Source: SharePoint Magazine, SharePoint Paradox Meets SharePoint Governancehttp://sharepointmagazine.net/articles/sharepoint-paradox-meets-sharepoint-governance

• It is a real 80-20 tool, almost 80% of common business tasks can be achieved OOTB (out-of-the-box)

http://sharepointmagazine.net/articles/sharepoint-paradox-meets-sharepoint-governance�

http://upload.wikimedia.org/wikipedia/en/d/d7/Microsoft_SharePoint_2010_Foundation.png�


SharePoint Deployments on The Rise E-DISCO

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Source: AIIM Industry Watch SharePoint – Strategies and Experiences, 2010

Have you implemented Microsoft SharePoint 2007 in your organization? (N=581, 10+ employees)


SharePoint Deployments on The Rise E-DISCO

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Have you implemented Microsoft SharePoint 2007 in your organization? (N=581, 10+ employees)

78% Have SharePoint In Use or Have Plans to

Implement SharePoint


SharePoint & Information Governance Is On People’s Radar E-DISCO

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Source: AIIM State of the ECM Industry, 2010

What would you say are the three most important ECM issues or current projects for you right now? (N=607)


CHALLENGES OF SHAREPOINT PRESERVATION AND COLLECTION


Like any Technology, SharePoint also has its Weaknesses E-DISCO

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Which of the following information management issues have you experienced with your SharePoint implementation?(N=362, using or implementing, multiples allowed)


Specific SharePoint Collection Challenges E-DISCO

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SharePoint is more than a collection of documents

•New forms of content, e.g. wikis, blogs, and lists

•More types of metadata, e.g. workflow tasks

SharePoint provides UI context

User interface is a dynamic web interface that presents capture challenges

Who is the Custodian? Is the Custodian the creator or the person who has access?


SharePoint is More than a Collection of Documents E-DISCO

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• Blogs• Wikis• Discussion threads• User profiles• Contacts• Tasks• Surveys• Links• Calendars• Image repositories• Announcements


SharePoint Provides UI Context E-DISCO

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Customizable web UI; context can be important


Who is the Custodian Based on Context? E-DISCO

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• The content the target custodian can access?• Is it relevant to the matter if a

custodian had access to specific information, even if they were not the creator?

• The content created by a target custodian?• In a discussion thread, do you want

just the target custodian’s comments or the entire discussion thread?

• Will these rules be applied consistently across all SharePoint sites?


HOW PENSION COMMITTEE AND VICTOR STANLEY IS RELEVANT


Relevant FRCP Rules for SharePoint E-DISCO

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FRCP

FRCP Rule 37(f) protects companies from sanctions for deleting email as part of “routine, good-faith operation.” This so-called safe harbor provision protects companies that delete email as part of ordinary business activities.

However, “good faith operation” also includes the obligation of the party to make sure that employees cannot delete messages once they are put on “litigation hold.”


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Pension Committee v. Banc of America Securities LLC

Judge Sheindlin ruled that 6 plaintiffs acted in a grossly negligent manner, and 7 plaintiffs to have had negligent discovery efforts for:

• Failure to properly preserve and collect• Failure to implement written litigation hold orders in

a timely manner


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Victor Stanley v. Creative Pipe, Inc

Judge Grimm called this situation the “single most egregious example of spoliation that I have ever encountered.” Judge Grimm ruled the defendant :

• Failed to implement any litigation hold plan• Failed to collect and preserve data• Willfully destroyed data


Cloud Computing – Hosted SharePoint E-DISCO

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Courts consider cloud storage as data under your control

• Flagg v. City of Detroit, 252 F.R.D. 346 (E.D. Mich. 2008)• The Court rejected defendant’s arguments that the

Stored Communications Act (SCA) precluded production of text messages held by a third party

• In re NTL, Inc. Securities Litigation, 244 F.R.D 179, 195 (S.D.N.Y. 2007)

• Goodman v. Praxair Services, Inc. 632 F. Supp. 2d 494 (D. Md. 2009)


How FRCP & Recent Rulings Relate to SharePoint E-DISCO

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Implementing litigation hold can potentially be very difficult.

• SharePoint sites are often very dynamic. While FRCP provides some protection for overwritten data, implementation of litigation hold must be timely made.

• SharePoint sites can be company wide (intranets) and cross company (extranets). Thousands of users may need to follow the litigation hold notice. Can use a backup as a “snapshot,” but if ongoing preservation has been ordered, it’s very difficult to implement.


RISK ASSESSMENT SERVICE FOR SHAREPOINT


Assessment Services Overview

Assessment Services help answer the tough questions:

• What data do I have? • Where is it? • How should I classify and retain it?• How much exposure/risk does it pose?• Am I prepared for litigation?

Leverages StoredIQ Information Intelligence Platform

Pre-structured and custom assessments available

Deliverables include detailed reports and analytics in ~2-4 weeks


Data Topology Assessment - Common Use Cases and Needs

•Storage capacity planning•Data migration or HW end-of-life projects•Archiving design and deployments•Non business related data identification for purging

•Records classification for retention management

•Basic storage and management reporting

Typical Report ContentMetadata Statistics

• File Type Distribution• Access/Modification Aging• Files by User/Department• File Size Distribution• Many other file attributes as required

Classification by File/Retention Plan


Legal Readiness & Risk Assessment - Common Use Cases and Needs

• Legal matter identification, collection, and hold• Litigation exposure• Data privacy and security exposure• Regulatory compliance (GLBA, PCI, HIPAA, etc.)• Regulatory compliance audit reporting

Typical Report Content• Custodian mapping• Early case assessment reporting• Credit Card or SIN reporting• PII – Standard HIPAA Reports• Customized reports and data queries can be

created for company specific requirements


Key Take-Aways

• SharePoint is growing, don’t put off eDiscovery planning• Because of SharePoint’s complexities, effective proactive

information management is a prerequisite for fast, accurate, defensible and repeatable eDiscovery

• Implement an in-house solution that is IT friendly and delivers immediate and long-term ROI

• Ensure IT ability to involve the Legal Team – in-house and outside counsel – early in the process to reap significant cost reductions downstream, and avoid process attacks

• Deep understanding of SharePoint and all corporate ESI ensures accurate collection and preservation – and a defensible eDiscovery process


Available Resources

StoredIQ

White Paper: Taneja Group Whitepaper: StoredIQ’s Flagship eDiscovery for SharePoint

http://www.storediq.com/resources/whitepapers

Technology Brief: StoredIQ SharePoint Support

http://www.storediq.com/resources/collateral

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http://www.storediq.com/resources/whitepapers�

http://www.storediq.com/resources/collateral�


Available Resources

eTERA Consulting

Insight Bulletin: Victor Stanley

White Paper: Is Personally Identifiable Information (PII) Pervasive on Your Company’s Computers?

http://www.eteraconsulting.com/resource-center/articles

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http://www.eteraconsulting.com/resource-center/articles�


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Contact Information

For additional information, please contact [email protected].

E-Discovery Challenges of Microsoft SharePoint

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