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sandy ingram

Deloitte | E-Discovery: Mitigating Risk Through Better Communication | Deloitte Discove... - 0 views

  • The Deloitte Forensic Center’s analysis of the E-Discovery: Mitigating Risk Through Better Communication survey results1 identified three interrelated challenges. They are: Communication Awareness Readiness
  • At the heart of e-discovery are two corporate functions that historically have had little in common, and tend to speak their own technical languages: legal and IT
  • Neither can be truly effective in the e-discovery process without a clear understanding of the other, yet communication and coordination between these two departments appears to be unclear to many survey participants: More than one-third of respondents (36 percent) don’t know the answer to how their legal and IT departments communicate.
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  • Deficient communication and a lack of coordination between departments can lead to an organizational lack of awareness about e-discovery.
  • Awareness Issues
  • Communication Hurdles
  • According to the survey, more than one-third of respondents, including C-suite, (36 percent) don’t know how committed their company’s C-suite is to finding a solution for e-discovery issues.
  • Only 20 percent of respondents think legal resources are appropriately allocated to e-discovery
  • Many companies also lack the resources and sophistication to manage e-discovery effectively.
  • For respondents that say their firms are challenged by e-discovery, the most common complaints are: a lack of funds to address e-discovery requirements (25 percent
  • Of those respondents with an opinion, 62 percent say their company is concerned about e-discovery challenges posed by social media web sites and blogs
  • Given the extensive use today of social media such as Facebook and Twitter during employees’ work and personal time, this suggests an e-discovery challenge that may require attention by many companies.
  • Three Years from Now
  • E-discovery is anticipated to become harder: 44 percent of respondents expect e-discovery challenges, along with government rules and regulations, to increase over the coming three years
  • Mismanaged e-discovery has led to many tales of litigation woe, involving sanctions, lost cases and fines. Improper ESI management, as the Sedona Conference points out, is simply bad business.
  • Five Areas of Potential Improvement
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    "As the volume of electronically stored information (ESI) rises rapidly, improving the understanding among the C-suite, legal and IT functions is key to controlling costs and better managing e-discovery risks."
sandy ingram

Data breach laws, e-discovery increase compliance duties - - 0 views

  • The Massachusetts law applies not only to businesses in the state but to any company that keeps personal data on the state's residents. George examines two parts of the law that are particularly notable because they require action to avoid breaches--not just notify victims after the fact.
  • Businesses are required to have a working information security program for protecting personally identifiable information, and they must submit a written information security program to the state. They also must encrypt data in motion and at rest, including information on portable devices such as USB drives, laptop computers and smartphones.
  • A second complicated--and evolving--area of compliance is e-discovery, which is the process of handing over electronically stored information requested during a lawsuit.
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    States are getting tougher when it comes to trying to protect their residents' personal data from breaches, and a new law in Massachusetts raises the bar by setting a fine of $5000 per record lost. As Randy George at InformationWeek reports, a company could be fined $1 million for losing one laptop with personal data on just 200 residents of the Bay State
sandy ingram

SurveyHigh storage costs, long backup windows, litigation risk and inefficient eDiscove... - 0 views

  • Enterprises are retaining far too much information. Seventy-five percent of backup storage consists of infinite retention or legal hold backup sets. Respondents also stated that 25 percent of the data they back up is not needed for business or should not be kept in a backup.
  • Enterprises are misusing backup, recovery and archiving practices. Seventy percent of enterprises use their backup software to implement legal holds and 25 percent preserve the entire backup set indefinitely. Respondents said 45 percent of backup storage comes from legal holds alone
  • Differences in how IT and legal respondents cited top issues for lack of an information retention plan Forty-one percent of IT administrators don’t see a need for a plan, 30 percent said no one is chartered with that responsibility, and 29 percent cited cost.
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  • Storage costs are skyrocketing as over retention has created an environment where it is now 1,500 times more expensive to review data than it is to store it,
  • Backup is not an archive, and it is not recommended to use backup for archiving and legal holds
  • Enterprises should also develop and enforce information retention policies (what can and cannot be deleted, and when) automatically. Automated, policy-driven deletion creates less risk than ad-hoc, manual deletion.
  • Paper policies that are not executed can be a litigation risk.
  • Enterprises should deploy data loss prevention technologies to measurably reduce their risk of data breaches, demonstrate regulatory compliance and safeguard their customers, brand and intellectual property.
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    MOUNTAIN VIEW, Calif. - August 4, 2010 - Symantec Corp. (Nasdaq: SYMC) today released the findings of its 2010 Information Management Health Check Survey, which highlights that a majority of enterprises are not following their own advice when it comes to information management. Eighty-seven percent of respondents believe in the value of a formal information retention plan, but only 46 percent actually have one. Survey results also found that too many enterprises save information indefinitely instead of implementing policies that allow them to confidently delete unimportant data or records, and therefore suffer from rampant storage growth, unsustainable backup windows, increased litigation risk and expensive and inefficient discovery processes.
sandy ingram

Cloud Computing Poses E-Discovery, Legal Risks - www.enterprisestorageforum.com - 0 views

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    In a presentation titled "Computing (strike that - Litigation) in the Cloud," Steven Teppler, senior counsel at KamberEdelson in New York, said cloud computing and services are a corporate counsel's nightmare.
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