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“Defensible RIM Disposal Leads To Effective Discovery Responses” presented by Rational Retention (RR) and Randy Kahn, an internationally recognized authority on the legal, compliance and policy issues of business information, electronic records and information technology. Join us for this information packed webinar on how to expand your current use of Alfresco by leveraging newest technology in text content classification to solve your retention, records management and e-discovery challenges. Currently the IDC predicts electronic data to grow at 48 times in the next decade of which 95% is currently unstructured data. Learn effective ways to preserve the documents you need to keep, delete the documents you don’t need and move the loose documents into the proper places – all without disrupting the way your end users work.
Citation preview
Defensible RIM Disposal Leads To Effective Discovery Response
August 9th 2011
Randy Kahn [email protected] 847-‐266-‐0722
Michael McCreary [email protected] 518-‐489-‐3000
Today’s Speakers
Randy Kahn
Michael McCreary
Randolph A. Kahn, Esq., is an internationally recognized authority on the legal, compliance and policy issues of business information, electronic records, e-‐business processes, and information technology. As founder and principal of Kahn Consulting Inc., Mr. Kahn advises corporate counsels, information management and information technology professionals in both government and corporate institutions on policy issues related to the management of digital information and electronic records.
Michael McCreary is Rational Retention’s CEO. He has deep experience working at the intersection of business and technology in highly regulated and litigious environments. Before joining RR he spent 12 years at PVizer, most recently as CIO of PVizer’s Legal and Public Affairs divisions, where he led the corporate technology strategy for e-‐Discovery, Security, Privacy, Records and Information Risk Management. He is a regular speaker and writer on information life cycle and risk management, auto-‐classiVication and e-‐Discovery preparedness.
What is The Problem • IDC-1800 exabytes of new info in 2011
– 1 exabyte is 50,000 years of DVD movies – 1800 = 90,000,000 years
• What about old stuff? • How much time to find needed info? for
information? Less is more!
“But databases frequently turn into informa;on dumps, teeming with poorly classified or outdated informa;on.” “Growth at McKinsey Hindered Use of Data,” WSJ
“I dream of a better tomorrow, where chickens can cross the road and not be questioned about their motives.”
Seeking a G’locks & 3 Lil Bears Solution
Current state of over-retention is not good
Need to aspire to have
less to manage
IDC predicts storage will increase 44 X in next 10 yrs.
I used to be indecisive. Now I'm not sure.
Big is Only Part of Problem More than a “big mountain problem”
– Control content creation – Management of storage – Application of retention rules – Bad policy decisions – More systems – Newer technologies & formats – Outside centralized control – Manage content in place – Employees doing heavy lifting
He has no enemies, but is intensely disliked by his friends.
According to Gartner, Cloud Services will be $102 billion in 2012
21%
19%
15%
9%
0%
5%
10%
15%
20%
25%
What informa;on needs to be retained
How informa;on should be retained and disposed of
Legal Hold and E-‐Discovery responsibili;es
The impact of GRC on them
Employee Understanding of Responsibilities
"GRC, RIM and E-Discovery: State of the Industry," ©2008, Kahn Consulting, Inc., www.KahnConsultingInc.com
Should We Let Employees Manage?
49.7 percent of all statistics are made up on the spot.
Fix Problems Over the Lifecycle
War does not determine who is right -‐ only who is left
Information Lifecycle
C r e a t e
M a n a g e
S t o r e
U s e
P r e s e r v e
D i s p o s e
Don’t Create Just Because Which activities does this statement apply to? “Just because you can, doesn’t mean you should.”
1. Shopping 2. Eating 3. Wrestling an alligator 4. Retaining information
Ex. Unified Messaging
We never really grow up, we only learn how to act in public.
“Judge Demands a Report on Destroyed C.I.A. Tapes” New York Times
Failure to Manage Properly
It takes a big man to cry, but it takes a bigger man to laugh at that man. Deep Thoughts by Jack Handey
“In an Aug. 15, 2005, voicemail messages addressed to company salespeople…” “…the document written by Dr. Geller doesn’t accurately reVlect the company’s position in 2000. In fact, it was not Dr. Geller’s ultimate view either. It was an initial draft for discussion purposes.” Wall Street Journal
“Electronic discovery requires litigants scour disparate data storage mediums and formats for potentially relevant documents” Harkabi v. SanDisk
Storage is Not Retention
Technology is not created equally – Back-up is not retention – Can the Cloud Fairy help me get my
stuff for this nice lawyer? If I agreed with you we'd both be wrong
“More than 3 years after the Sept. 11 attacks, more than 120,000 hours of potentially valuable terrorist-related recordings have not yet been translated …and computer problems may have led the bureau to systematically erase some Qaeda recordings…[t]he investigation found that limited storage capacities in the system meant that older tapes had sometimes been deleted automatically to make room for newer materials, even if the recordings had not yet been translated” NY Times on 911 Commission
Use It or Lose It
• Retention is determined by a melding of law and business need
• Make sure it’s a real business need • Exterminate Packratitis • Evaluate how long business need really
is
There's a Vine line between cuddling and holding someone down so they can't get away.
Intelligence Agencies’ Databases to Be Linked “… nearly Vive years after the intelligence community was rebuked by the 9/11 commission for failing to “connect the dots” …[t]oday, an analyst’s query might scan only 5% of the total intelligence data in the U.S. government…” WSJ 2/22/09
Preservation the Right Way
Do not argue with an idiot. He will drag you down to his level and beat you with experience.
“Fluor's e-mail retention policy provided that backup tapes were recycled after 45 days. If Fluor had followed this policy, the e-mail issue would be moot. Fluor does not explain why, but it maintained its backup tapes for the entire 14-month period.” Murphy Oil v. Fluor Daniel
Which approach to litigation preservation makes most sense? A. At the Virst sign of trouble, destroy everything, the
knucklehead lawyers will never Vigure it out. B. At the Virst sign of trouble, take a protracted vacation
to some far away exotic destination. C. At the Virst sign of trouble, preserve everything on
every systems and Vigure out what’s relevant a couple years from now if you need to.
D. Soon after getting notice of a lawsuit, audit or investigation make reasonable efforts to determine who has potentially relevant information so you can Vind, secure and segregate it for possible production.
Clean Up the Junk The Right Way
• Assess • Develop Plan (with IT and Legal) • Dispose “low hanging fruit” • Use technology not employees • Dispose because you can
A bartender is just a pharmacist with a limited inventory.
Conclusions
Randolph Kahn [email protected]
The last thing I want to do is hurt you. But it's still on the list.
1. Be serious about the lifecycle 2. Clean up the past 3. Evaluate one time clean up “policies” 4. Apply rules to all stuff going forward 5. Leaner is more efVicient
Rightsize Your Information Footprint
What is the solu,on?
ILM
• Mange in place • Full visibility • Policy enforcement
• Doc Mgmt • Records Reten;on
Discovery Response
• No;fica;ons • Prevent destruc;on
• Hold in place • Collect and review • Deep analy;cs
Support for both informa;on lifecycle management & discovery response
Auto Classifica-on
Auto Classifica,on
Support Vector Machines – Rational Retention's auto classiVication engine (ACE) is built on SVM -‐ Since its invention, SVM has gained wide acceptance in the scientiVic community as the most effective method for text classiVication.
.. is the use of machine learning based tools to automa;cally analyze the content of a document and assign categories for use in reten;on, discovery or knowledge management.
How RR Works – Iden,fica,on
Ra,on Reten,on Server
RR Agents
Text & Meta Data
Extracted
Enterprise Data
E-‐Mail
PC’s & File Shares
RR Agents
RR Agents
Indexing
Auto-‐categoriza;on
Disposi;on Policies
1. Enterprise data sources are connected by agents 2. Document text & metadata is sent to RR server
How RR Works – ILM / Policy Ac,ons
1. At the end of WIP period: 2. Non records are destroyed 3. Records are moved to long term storage in Alfresco
Lifecycle Ac;ons
Destroy
Moved
ECM Server
Moved
RR Server
Enterprise Data
Archive or Copy
RR Agents
Record/Document Management & E-‐mail
Desktops & File Shares
How RR Works -‐ Discovery Response Hold & Collect
1. Holds and collec,ons are issued by an administrator 2. Enforced by the agents
Ra,onal Reten,on Server
Administrative User
Recommenda,ons
• Informa;on Lifecycle Management • E-‐Discovery Preparedness • Include IT, Legal, Records & the business • Establish realis;c and ac;onable policies and records schedules
Establish a Records & Informa;on Management program
• Auto classifica;on is key • Don’t over retain, e.g., archiving • Implement ECM (Alfresco) • Integrate Ra;onal Reten;on
Leverage Technology
Ques,ons