Dean Gonsowski, Esq.

Sr. eDiscovery Counsel, Symantec

Reducing eDiscovery Cost and Risk with Intelligent Information Governance

Today’s Speaker

Mr. Gonsowski is the Sr. eDiscovery Counsel at Symantec. He is a member of The Sedona Conference Working Group on Electronic Document Retention and Production (WG1), the Electronic Discovery Reference Model (EDRM) and teaches a series of continuing legal education (CLE) courses on various eDiscovery topics.

He has contributed articles to a number of leading industry publications including: Business Week, Corporate Counsel, ILTA Peer to Peer, Inside Counsel and the Legal Tech Newsletter.

Dean Gonsowski, Esq.

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Information Risk 1

eDiscovery Basics 2

Information Governance 3

An eDiscovery User Case 4

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Sample Customers 5

eDiscovery Subject Matter Experts

Top Information Risk Categories

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Regulatory/Statutory Compliance

• The Department of Justice received more than $1

billion in 2011 from criminal antitrust

offenders, including criminal fines and more

than $500 million in restitution, penalties, and disgorgement, which was an increase of more than

78%

Electronic Discovery • The average cost of electronic discovery in

litigation has climbed to more than $1.5 million

per matter and 90% of US corporations are engaged

in litigation • The average company with revenue exceeding

$1 billion dollars averages 147 simultaneous

lawsuits • E-Discovery related sanction awards have nearly doubled in the

past 12 months

Data Security • Zappos recently had 24

million of its customer accounts hacked, including customer’s names, e-mail

addresses, addresses, phone numbers, the last four digits of credit card numbers and cryptically

scrambled passwords

• The cost to businesses of unintentionally exposing

corporate information climbed 7 percent last year

to over $7 million per incident

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Information Risk 1

eDiscovery Basics 2

Information Governance 3

An eDiscovery User Case 4

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Sample Customers 5

eDiscovery Subject Matter Experts

Case Examples

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What is eDiscovery?

Civil Lawsuits

Government Investigations

Internal Investigations

Public Record Requests

Corporate Legal Departments and Law

Firms

The Formal Process for Exchanging Information Between Parties Involved In Civil Lawsuits (Litigation) – But….

DOJ, SEC, FDA, FTC, FBI, etc.

Companies/ Corporations

Federal, State & Local Government

Employment

Intellectual Property

Products Liability

Environmental

Contract Disputes

Insider Trading

Options Backdating

Tainted Food/Drugs

Mergers/Acquisitions

Bribery/Corruption

Harassment

Discrimination

IP Theft

Fraud

Money Laundering

FOIA

State Records Acts

Environmental

Budgetary

6 eDiscovery Subject Matter Experts

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Know the EDRM

Information Management Identification

Preservation

Collection

Processing

Review

Analysis

Production

eDiscovery Timeline

Symantec Enterprise Vault™

Clearwell

The Electronic Discovery Reference Model (EDRM)

Symantec Archiving and eDiscovery 7 eDiscovery Subject Matter Experts

eDiscovery is Expensive

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It costs about 20¢/day to buy 1GB of storage.

However, it costs around $3,500 to review 1GB of

storage —AIIM

The total costs per gigabyte reviewed were

generally around $18,000. —Rand Survey

And, Review is only part of the equation (at 73% of overall eDiscovery costs). Processing is 19% and

Collection is 8% of the total cost burden.

eDiscovery Subject Matter Experts

And, Risky…

• “Spoliation” of evidence is: “the intentional or negligent withholding, hiding, altering, or

destroying of evidence relevant to a legal proceeding.”

• The Court's authority to sanction a party for failing to preserve documents is both inherent and statutory (FRCP 37) – The most severe sanctions, such as entry of default judgment or

criminal punishment, are generally reserved for the intentional destruction of digital evidence.

– The penalties for negligent spoliation include fines, attorneys' fees, as well as the dreaded “spoliation inference”

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Information Risk 1

eDiscovery Basics 2

Information Governance 3

An eDiscovery User Case 4

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Sample Customers 5

eDiscovery Subject Matter Experts

Data Explosion Exacerbates the Problem

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Worldwide E-Discovery Spend $ Millions

Worldwide Data Growth Exabytes by year

2005 2010 2015

130

1,227

7,910

Source: “6th Annual Electronic Discovery Survey” Socha-Gelbmann, 2008

Source: “The Digital Universe,” IDC, June 2011

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Example: Social Media

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Cost of social media incidents $4,292,897

Past 12 Months Reduced Stock

Price $4,292,897

BIGGEST COSTS

Litigation Costs $650,361

Direct Financial Cost

$641,993 Damaged

Brand/Trust $638,496

Lost Revenue $619,360

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Information Governance Defined

Components of IG are: – All information types

(structured and unstructured) – An umbrella for all

information management activities

– Legal risk – Business value – Controls

– Processes – Technology

A comprehensive program of controls,

processes, and technologies designed to

help organizations maximize the value of

information assets while minimizing associated

risks and costs.

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Describing Information Governance

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IG is a Big Umbrella

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IG Budgets

IG budgets may not exist, per se, but budgets for storage

and archiving, eDiscovery, and compliance do

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“The same data has many stakeholders –

who is ultimately accountable? “

“Information Governance must adapt & improve – ‘set it

and forget it’ doesn’t work “How do I even know if

we’re doing a good job?”

There’s way too much data, and it lives in too many places

Common IG Pain Points

“Keyword policies are too generic – it’s the

exceptions that keep us up at night”

* top quotes from enterprise and law firm customers, October 2011 Information Governance Working Session at Clearwell Inner Circle Meeting

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Improving The Current Process

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Symantec Information Intelligence

7 to 12 weeks

8 to 10 different logins and systems

No link between eDiscovery and Data Security

Manual tracking

Ad-hoc communication across organizations

2 days

2 logins and systems

One-click link between eDiscovery and Data Security

Automated tracking

Single common platform across organizations

Current Process

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Any InfoGov Solution Must Meet Fundamental Requirements

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• Who owns the data? • Where is the data? Data Intelligence

• On-premise and Cloud • Retention and Discovery and Security

Data Products should work together

• Shorten/automate workflow • Audit/track automatically Streamline Processes

• Show success/ROI immediately • Add capabilities over time Solve InfoGov Incrementally

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Information Risk 1

eDiscovery Basics 2

Information Governance 3

An eDiscovery User Case 4

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Sample Customers 5

eDiscovery Subject Matter Experts

Rapidly and cost-effectively discover

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100 TB 10 TB

Archive & Expire

Deduplicate & Compress

Collect & Process

500 GB 300 TB

Review & Produce

Filter & Search

50 GB 5 GB

• Storage Footprint: 70% reduction

• eDiscovery Data Volume: 95% reduction

Leverage integration and advanced technology for speed and accuracy

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Information Risk 1

eDiscovery Basics 2

Information Governance 3

An eDiscovery User Case 4

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Sample Customers 5

eDiscovery Subject Matter Experts

Fed-Enforcement

Energy Financial Services

Sample Enterprise And Government Customers

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Healthcare

Technology

Media

Manufacturing

Telco

Retail/Consumer

Transportation

Fed-Civilian

State/Local Govt.

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Thank you!

Copyright © 2011 Symantec Corporation. All rights reserved. Symantec and the Symantec Logo are trademarks or registered trademarks of Symantec Corporation or its affiliates in the U.S. and other countries. Other names may be trademarks of their respective owners. This document is provided for informational purposes only and is not intended as advertising. All warranties relating to the information in this document, either express or implied, are disclaimed to the maximum extent allowed by law. The information in this document is subject to change without notice.

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