archiving and e-discovery for novell groupwise

CL109Archiving and e-Discoveryfor Novell GroupWise

Jim F. LundbergVice President, LegalNovell, Inc.

Travis GrandpreProduct Marketing ManagerNovell, Inc.

© Novell, Inc. All rights reserved.2

Why are Archiving and e-Discovery Issues Becoming More Significant?

• Legislation and Other Rules– HIPAA– SOX– GLB– FRCP

• Recessionary Times– Cost cutting across all Corporate Budgets– Fortune 500 impact


Email Life Cycle – Creation

• SOX – Demonstrate origination from a specific person• HIPAA – Protect against unauthorized access and

include necessary disclaimers• Outside messages require inbound verification and

protection to avoid inappropriate content or security risks


Email Life Cycle – Distribution

• HIPAA – Must prevent unintended distribution of health information

• GLB - Must prevent unintended distribution of confidential personal financial information

• SOX – Audit capabilities of distribution• Protecting against unauthorized distribution of trade

secrets or confidential information


Email Life Cycle – Retention

• HIPAA, GLB – Requires protection against unauthorized access

• HIPAA, SOX, Litigation – Ability to search and retrieve.• Litigation & audit - Protect against deletion or loss

during.


Email Policy Considerations

• Identity verification• Information protection• Content filtering• Archiving and preservation• Proof of compliance• Authentication• Virus and spam protection


Electronic Discovery ObligationsEvolving Standards in Litigation

– New Cases Every Day (e.g. The Pension Committee of the Univ. of Montreal, et. al. v. Banc of Am. Securities, LLC, et.al.)

– Duty to preserve arises “once a party reasonably anticipates litigation”.

– “Failure to preserve evidence resulting in the loss or destruction of relevant information is surely negligent and may be grossly negligent or willful”.

– “Gross Negligence” where there was “no evidence that the defendants did anything to stop routine destruction”.

– “Gross Negligence” where loss of data due to unfamiliarity with retention policy.

– Failure to collect or properly review can be grossly negligent or willful (includes former employees).


“Spoliation”

• “Spoliation refers to the destruction or alteration of evidence.” • Courts have inherent power to impose sanctions for spoliation.• Sanctions include:

– Fines or “cost shifting”– Evidence Preclusion– Adverse Inference - “presume lost data was favorable to

opposition's case”– Dismissal or Default Judgment

• Severity of Sanction is generally based on the Judge's determination of party's negligence and relevance of data.


Electronic Discovery Process

• Identification• Preservation• Collection• Review• Forensic data analysis • Production

*In 2008 - Fortune 500 companies estimated cost of litigation at $210 Billion (1/3 of after tax profit for that year)


Identification

• What machines are connected to a network?• Ability to identify individual files contained in email

system• Identifying requested information (ie.. file type, creator,

custodians, access dates, keywords)


Preservation

• Files and metadata• Tracking preservation requests - “Litigation holds”• “Holding in place” or “Copying to secure repository”


Collection

• Automation vs. Custodian directed• If responsive – requires copying for processing.• Collection reports and logs• Preserve integrity of metadata


Review

• Inclusion vs. Exclusion– Identification– Bates Numbering– Privileges – Work product– Attorney-Client– Confidentiality)

• Search capabilities– Recognition– Categorization– Redaction– Native File Format viewers– Exporting to various formats

– litigation support databases or other review products


Forensic Data Analysis

• Metadata• Custodian access• Analysis of multiple repositories


Production

• Electronic files vs. Hard Documents• Native format • Other format (ie. XML)


Partner Solutions

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