2 7-2013-big data and e-discovery

Automation. Collaboration. Integration.

Big Data Converging with Legal, Information Governance and Regulatory Requirements February 7, 2013 Adam Cohen, Esq., Principal, Ernst & Young Mark Melodia, Esq., Partner, Reed Smith, LLP Adam Wells, VP of E-Discovery Services, TERIS Bob Rohlf, Esq., E-Discovery Counsel, Exterro, Inc. (moderator)

The leading e-discovery software suite that unifies all phases of e-discovery – from identification through attorney review and production

About Exterro

Open architecture seamlessly integrates with existing business processes and enterprise infrastructures

Exterro Fusion® Platform

• Expert in electronic discovery and electronic information management with more than 15 years of experience in law and technology, focusing on large-scale investigations and litigations as well as proactive information management policies, procedures and technology

• Well-known author and lecturer in the field of electronic discovery, and has served as a court-appointed expert on electronic discovery issues in Federal Court

• Co-author of treatise Electronic Discovery: Law and Practice, cited as authority in landmark federal court opinions (including Zubulake v. UBS Warburg and Lorraine v. Markel) and author of the forthcoming book Managing Social Media Legal Risks through Corporate Policy (to be published this March).

• Adjunct faculty member at Fordham and Pace Law Schools in New York, teaching Electronic Discovery courses designed to prepare the next generation of attorneys for effective practice in this area

• Member of the Sedona Conference working group on electronic discovery and co-chairs the New York State Bar Association’s electronic discovery committee

Adam Cohen, Esq. Principal, Fraud Investigations and Dispute Services Ernst & Young

Today’s Speakers

• Leads the Global Data Security, Privacy & Management practice as a partner within the Global Regulatory Enforcement Group

• Experienced in litigating putative class actions and other "bet-the-company" suits in the following three areas: (1) data security/privacy; (2) mortgage/financial services; and (3) other complex business litigation

• Routinely represents clients responding to government privacy investigations, including before the Federal Trade Commission, the Office for Civil Rights, the State Attorneys General, and the United States Department of Justice

• Frequent author and speaker on issues surrounding privacy and other regulatory compliance concerns

Mark Melodia, Esq. Partner Reed Smith, LLP

Today’s Speakers

Today’s Speakers

Adam Wells Vice President of Business Development and eDiscovery Services TERIS

• Expert in eDiscovery and Information Governance

• Provides clients with strategic direction and best practice guidance on a variety of Information Governance issues

• Frequently speaks on a wide range of eDiscovery and IG issues, from social media to defensible deletion

• Nearly 10 years of experience in the eDiscovery field

• Prior to joining TERIS , served as eDiscovery lead for large national law firm, where he crafted firm-wide eDiscovery guidelines and counseled and implemented eDiscovery plans for clients

• Inside Counsel at Exterro

• Expert in e-discovery delivery systems, advises Exterro’s development team on product functionality

• Managed business process improvement projects in a number of national and regional companies representing the transportation, energy, manufacturing, electronics, foods, and leisure sectors

• Extensive knowledge in managing professional services teams and building effective client relationships

• Frequently writes and presents on various e-discovery issues

Bob Rohlf, Esq. / MBA E-Discovery Counsel Exterro, Inc.

Today’s Speakers

Agenda

What is Big Data?

Problems Presented by Big Data

Best Practices for Handling the Big Data Paradigm

Agenda

What is Big Data?

Problems Presented by Big Data

Best Practices for Handling the Big Data Paradigm

Exploding Amounts of Data

of all digital data in the world has been created in the last 2 years

Number of bytes created globally each day

Where Does this Data Come From?

GPS Devices

Credit Card Transactions

Cell Phone Activity

Facial Recognition Survey Data

What is Big Data?

“Better analytics have made data sets more valuable”

“Big data is changing how we consume energy, receive healthcare, monitor animal migration, track the

weather and more”

“The power to reveal hidden truths about our companies, about our lives, about

society as a whole”

"The accumulation of very large data sets to create analytics will be the basis of

competition going forward for individual firms, for sectors and even for countries. Those

companies that are able to use data effectively are more likely to win in the marketplace."

Example of Big Data in Action

What Does Big Data mean for Legal Teams?

More Costs

Agenda

What is Big Data?

Problems Presented by Big Data

Best Practices for Handling the Big Data Paradigm

E-Discovery Preserving ALL potentially relevant information

Searching Processing & Collection

Information Governance

*Security protocols

*Integration of data across sources

*Data expiration *Data mapping

*Data classification

*Data retention policies

Regulatory Compliance

Class Actions

Hundreds of class actions filed over

privacy issues

Major class actions currently filed about the

collection /use of locational data

Further questions over data mining,

analytics, purchase & resale of data sets

Exploitation of public anxiety surrounding

privacy issues

Agenda

What is Big Data?

Problems Presented by Big Data

Best Practices for Handling the Big Data Paradigm

Best Practices Information Governance

Establish and Frequently Update Protocols

Join forces with legal, records and information mgmt., compliance teams to create a comprehensive Big Data policy

Create a Data Map

Proactively identify where data resides before litigation or regulatory inquiries occur

Classify data Proactively manage information by classifying data into buckets for retention, security, audit, legal and business intelligence purposes

Defensibly Delete Data Champion document retention policies even in the face of the Big Data benefits

Best Practices E-Discovery

Create an Automated Legal Hold Process

Identify all custodians / data sources and create a legal hold process that… • Tracks all custodian responses • Issues legal hold reminders, re-issuance, releases • Inquires about custodian follow-up interviews • Enable users to find gaps in the process to subsequently create a more efficient process

Utilize Predictive Technologies Know more about matters sooner when searching data sets

Integrate with Multiple Systems To quickly search and preserve potentially relevant information integrate your data management tool with other systems (SharePoint, Outlook, etc.)

Key Takeaways

Adam Cohen

Mark Melodia

Adam Wells

Exterro Fusion® Platform

For more information, please contact:

Thank You!

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Automation. Collaboration. Integration.

To learn more about Exterro, please visit: www.exterro.com

Adam Cohen, [email protected] Mark Melodia, [email protected] Adam Wells, [email protected] Bob Rohlf, [email protected]