Nuix Ltd. · ASX:NXL
Nuix — eDiscovery for Legacy Archives webinar (July 2015)
27 slides from Nuix's conference presentation, Jul 30, 2015
Slide 1: eDiscovery for Legacy Archives
Sean Byrne – Head of eDiscovery Solutions Michael Lappin – Director of Archiving Technology
Slide 2: eDiscovery for Legacy Archives
eDiscovery for Legacy Archives
Slide 3: Today's Panel
Today’s Panel Michael Lappin Therese Craparo Stephen Stewart Director of Archiving Technology Counsel Chief Technology Officer Nuix Reed Smith Nuix July 30, 2015 COPYRIGHT NUIX 2015 3
Slide 4: Agenda
Agenda • Introduction • What is an email archive? • Relevant case law and rules affecting archive discovery • Archive-related eDiscovery challenges • Archive collection with Nuix Migration technology • Case studies • Questions? July 30, 2015 COPYRIGHT NUIX 2015 4
Slide 5: What is an email archive?
What is an email archive? • A disk-based repository of aging (aka legacy) data that: – Is moved from active inbox and indexed or search and retention purposes – Has retention rules /an “expiration date” for all contents – Is stored in a proprietary format – Is NOT generally a back-up or used for DR/
Slide 6: Archiving Benefits
Archiving Benefits July 30, 2015 COPYRIGHT NUIX 2015 6
Slide 7: Poll 1: In your current role do you:
Poll 1: In your current role do you: July 30, 2015 COPYRIGHT NUIX 2015 7
Slide 8: Discovery of Legacy Archives
Discovery of Legacy Archives ESI is subject to the test of “undue burden” Does the cost and difficulty of collecting ESI create an undue burden to do so? Is the data stored in outmoded format or otherwise "inaccessible"? Is it proportional to the matter at hand? What is reasonable? July 30,
Slide 9: Common Weaknesses When Arguing For / Against Burden
Common Weaknesses When Arguing For / Against Burden • Lack of specificity • Lack of legal precedent (most discovery disputes resolved without a written opinion) • Burden arguments are not typically effective when your client is a target of a law enforcement investigation o As the FTC’s Bureau of Com
Slide 10: Making a Burden Argument
Making a Burden Argument • Tell a simple, straightforward story supported by facts • Describe ESI sources relevant to the discovery request # of physical sources - workstation(s), laptop(s), mobile device(s), server(s), cloud server(s), archive(s), etc. • Provide detailed breakdown of estimated co
Slide 11: Making a Burden Argument (cont.)
Making a Burden Argument (cont.) • Provide detailed breakdown of estimated costs to process ESI Discuss volume of duplicative information in archive and small % of unique data • Provide detailed breakdown of estimated costs to review filtered ESI • Bring an expert to explain why procedures outline
Slide 12: Must Establish Good Cause
Must Establish Good Cause Thermal Design v. Guardian Building Products, 2011 WL 1527025 (E.D.Wis. Apr. 20, 2011) (Randa, J.) After receiving 1.46 million pages (91 GB) of ESI, the Plaintiff requested that the Defendants search all archived e-mail accounts and shared network drives without narrowing
Slide 13: Be Prepared to Split Costs
Be Prepared to Split Costs Clean Harbors Environmental Services v. ESIS, 2011 WL 1897213 (N.D.Ill. May 17, 2011) (Cox, M.J.) The Court performed a thorough analysis of cost-shifting factors at the Plaintiff’s request and ultimately split amongst the parties the cost of backup tape restoration and se
Slide 14: Factor Test
8 Factor Test (1) the specificity of the discovery requests; (2) the likelihood of discovering critical information; (3) the availability of such information from other sources; (4) the purposes for which the responding party maintains the requested data; (5) the relative benefit to the parties of o
Slide 15: The Standard is Reasonableness, Not Completeness
The Standard is Reasonableness, Not Completeness In re Plasma-Derivative Protein Therapies Antitrust Litigation v. CLS Limited, et al., 2013 WL 791432 (N.D. Ill. Mar.4, 2013) (Keys, M. J.) The Court denied the Plaintiff’s request to order defendant to recover all documents, including backup tapes, d
Slide 16: Defeating a Burden Argument
Defeating a Burden Argument • Challenge estimates of time, difficulty, cost – Point out generalized statements of cost that lack detail – Use an expert • Point to retention/spoliation issues – Ex. argue that scope of discovery should be expanded to legacy archives as only potential source of particu
Slide 17: The Evolution of Technology
The Evolution of Technology • eDiscovery tech and processes generally evolve to make access less burdensome – Once, email was considered "inaccessible" – Now, such an argument would be ridiculous and would likely draw sanctions • How do you track the improvement in technology? – At what point does i
Slide 18: Poll 2: Technologies bringing undue burden on discovery
Poll 2: In your experiences, what technologies do you think currently bring undue burden on discovery? July 30, 2015 COPYRIGHT NUIX 2015 18
Slide 19: Archiving Challenges
Archiving Challenges Poor network and Exchange performance EMAIL/FILE/SHAREPOINT SERVER ARCHIVE SERVER * Services overwhelmed by data moving operations DATABASE SERVER Unstructured data Archive growing 3 Indexes corrupt &3 Database %3 Unmanageable Data not being expired or backed up performance suff
Slide 20: Poll 3: Challenges of discovery from massive archives
Poll 3: Have you experienced the challenges of doing discovery from massive archives before? If so, what issues were you already aware of? July 30, 2015 COPYRIGHT NUIX 2015 20
Slide 21: Other issues
Other issues
Slide 22: Impact on eDiscovery from Technical Standpoint
Impact on eDiscovery from Technical Standpoint • APIs cause bottlenecks that slow data extraction to a crawl • Poor search tools make in-place searching difficult • Corrupted Indexes – Cannot trust search results – Searches can run slow – Cannot know for certain that you’ve extracted everything – La
Slide 23: Case Studies: Well known hospital/healthcare system
Case Studies Well known hospital/healthcare system Impact They had fallen behind on eDiscovery production Environment deadlines substantially. The single eDiscovery server would take weeks to run a simple search over several hundred archives Company Profile Legacy Repository: EMC EmailXtender Se
Slide 24: Case Studies: Multinational apparel company
Case Studies Multinational apparel company Impact Many larger searches would crash the archive Environment servers or takes weeks to complete. Other searches would simply "time out" days into a search leaving the legal team to restart the Company Profile Legacy Repository: AXSONE search from the b
Slide 25: Case Studies: Two companies
Case Studies Two companies Impact Discovered that their archive's databases had Environment been lost due to an accidental deletion. Wherein they were able to search their relatively small 3 terabyte archive they were unable to produce Company Profile Legacy Repository: Enterprise Vault any data o
Slide 26: Questions?
Questions? July 30, 2015 COPYRIGHT NUIX 2015 26
Slide 27: Find out more
FIND OUT MORE: nuix.com twitter.com/nuix facebook.com/nuixsoftware linkedin.com/company/nuix youtube.com/nuixsoftware nuix.com/blog July 30, 2015 COPYRIGHT NUIX 2015 27
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