ediscovery AND COMPLIANCE STRATEGY

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ONE EASILY AVOIDABLE PITFALL IN YOUR

eDISCOVERY AND

COMPLIANCE STRATEGY

As the mobile workforce continues to

grow and more data gets generated

outside of the datacenter, bringing that

endpoint data into the searchable dataset

for eDiscovery and compliance will be

critical.

whatgoodisexcellent search

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The Big Data Challenge

A relentless explosion of Big Data continues to ignite pervasive and persistent problems as organizations grapple with how best to retain, access, discover and ultimately delete content in compliance with evolving regulations. This trend plagues many stakeholders, from IT to Legal. While IT departments grapple with how to support complex Big Data environments, legal teams are tasked with making accommodations for that data in the already expensive eDiscovery process. The big deal with Big Data starts with the sheer volume, which is being generated by a growing number of devices, data sources and applications. IDC1_{predicts more}

than 4,200 petabytes of new storage must be deployed this year alone to keep pace with data growth. Growth is being impacted by evolving data retention requirements, and industry regulations, including HIPAA, and the Freedom of Information Act (FoIA) among others, which necessitate that some types of data be kept for anywhere from a few years to indefinitely.

At the same time, an ever-increasing influx of unstructured data (e.g., images, audio or video files) as well as semi-structured data (e.g., emails, logs, etc.) add yet another layer of management complexity, especially when determining the most efficient and reliable way to ingest, protect, organize, access, preserve and defensibly delete all this vital information. In particular, the need to preserve and retain data is becoming more complicated as organizations increasingly are being asked to retain data from a variety of sources, including emails, documents and rich media files, in its appropriate business context.

All of this data can be a huge asset, but without a modern management strategy, it can also be a huge liability. With these new paradigm shifts comes an increase in both the amount and complexity of data involved in discovery efforts. In sifting through voluminous Big Data to find responsive information, organizations can spend millions of dollars to isolate relevant Electronically Stored Information (ESI) and even more to review it. Simply put, the Big Data problem brings new meaning to the phrase, “looking for a needle in a haystack.”

1 _{Directions 2012, IDC’s 47th Annual Business Forecast, “The Race to Value Capitalizing on Big Data Hot Spots,” Rick Villars, March 2012}

IDC predicts more

than

4,200

petabytes of new storage must be deployed this year alone to keep pace with data growth.

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A Common Pitfall

Given the challenges of Big Data, a key element of an effective eDiscovery and Compliance strategy is ensuring that the data set being searched is comprehensive so that it includes all of the information needed to address corporate litigation, internal investigations, public information and audit requests. What good is excellent search capability if you aren’t searching all of the relevant information? Data that resides on laptops and desktops is often overlooked, ignored, or difficult to capture. As the mobile workforce continues to grow and more data gets generated outside of the datacenter, bringing that endpoint data into the searchable dataset for eDiscovery and compliance will be critical.

CommVault Edge

®

_Technology

Makes Endpoint Data Searchable

CommVault Edge®_{technology, a key part of the CommVault Simpana software}

platform, is a complete enterprise-class solution for rapid, efficient and transparent desktop and laptop data protection. By bringing endpoint data into the Simpana®

ContentStore, the hardware-agnostic, secure, virtual repository where all backup and archive data is maintained, CommVault Edge technology enables enterprise-wide search and efficient discovery of information from a single console and virtual repository. It makes searching for eDiscovery and compliance information simple. The Simpana ContentStore eliminates inefficient data silos that waste resources and infrastructure by consolidating managed data and automating retention and tiering according to company defined policies. A single, intelligent index provides global awareness for the data and multiple methods for retrieving information make accessing data easy, so users within an organization can quickly find what they need, when they need it. There is freedom from being locked into any particular hardware for data retention and companies are empowered to meet compliance, governance, eDiscovery, recovery and data mining requirements. The ContentStore delivers information to the fingertips of those who need it for the better productivity, faster recovery, improved collaboration and smarter decision making that can transform a

Figure 1: Laptop and desktop data is frequently left unprotected

CommVault Edge®

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After laptop and desktop data is collected with CommVault Edge technology, placed in the ContentStore and indexed, it can be searched in seconds to produce relevant, accurate search results. Workforce productivity is accelerated with a wide range of simple and intuitive service capabilities for end-users, legal and compliance teams. Empowering users with self-service search and retrieval across the enterprise enables substantially reduced cost and risk to the enterprise. CommVault Simpana software also reduces complexity and speeds the process of discovery and compliance through its eDiscovery and Compliance platforms.

Figure 2: Simpana®_{software makes data easy to search and discover}

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CommVault

®

_Simpana

®

_{eDiscovery and Compliance}

Platforms Empower Organizations

Simpana®_{Software eDiscovery Workflow}

CommVault®_Simpana®_{eDiscovery platform allows IT and legal departments}

to identify, collect, preserve, and review potentially relevant content across the enterprise. With Simpana software, organizations can tackle much of the discovery process internally, instead of outsourcing the process to costly consultants, legal service providers, or outside counsel. Moreover, with Simpana software’s flexible, role-based workflow, discrete tasks can be carried out by the appropriate resource including IT staff, legal liaisons, paralegals, and both internal and outside attorneys. The Simpana eDiscovery platform allows authorized users to identify responsive data related to corporate litigation, internal investigations, and public information requests. With Simpana software’s out-of-the-box eDiscovery workflow, each step of the discovery process can be automatically designated to the appropriate individual depending on the nature of the matter. For example, litigation searches can be conducted at the IT level and impending results can be delivered to a paralegal for first pass collection and preservation. As the eDiscovery process continues, data can be directed to the next individual in the workflow time line as detailed below:

Figure 3: Sample eDiscovery Workflow Using CommVault®_Simpana®_Software

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• Legal: Legal Department issues a data collection request to IT detailing the search criteria to be used to identify potentially responsive data. • IT: IT performs a search based on the specified criteria which could consist of custodian name, date range, file type, keywords, or any combination of content and metadata.

• Paralegal: Search results are automatically delivered to the managing paralegal for initial review and preservation. Using the Simpana one click legal hold, paralegal executes a hold to ensure that responsive data is preserved.

• Paralegal/Internal Counsel: As additional case details become known, search criteria is refined by Legal and the existing result set can be filtered down further by a paralegal.

• Internal Counsel: Once the data has been refined, internal counsel can then conduct first pass review to eliminate non-responsive and privileged items.

• Outside Counsel: A refined, responsive data set can then be delivered to Outside Counsel in the appropriate format including PST, XML, or in a compressed ZIP file. Outside Counsel can then complete the review process and deliver results to opposing counsel.

Simpana®_{Software Compliance Workflow}

The CommVault®_Simpana®_{Compliance platform enables corporate compliance}

departments to quickly identify and locate sensitive data related to internal or regulatory audit. Whether an organization is looking for indications of insider trading, protected health information, social security numbers, or credit card data, CommVault’s Compliance platform provides a ready to use workflow template where searches can be run on a scheduled basis using any combination of content and metadata. This workflow also includes automated delivery of results to a dedicated compliance officer, risk manager, or in-house attorney for review.

SUGGESTED VIDEO >> Simpana 10 Compliance Search and Legal

Hold Demoi

This short video walks you through the Simpana 10 Compliance Search functionality, showing how file previews and indexing makes finding what you’re looking for fast and easy. Putting that data into legal hold is then just a click away.

WATCH

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Below is an example of CommVault’s Compliance workflow which can be adapted to fit organizational processes:

• IT: IT creates a search policy and schedules the search to run daily. The results are then delivered daily to the corporate Compliance Officer for further review • Compliance: Compliance Department receives search results, which

can also be delivered as a sample, and can review items to determine whether any action needs to be taken.

• Legal: For those items requiring additional review or action by internal attorneys, data can be passed on from the Compliance Officer to In-House Counsel.

• Regulatory Body: For those activities related directly to a regulatory audit, the Compliance Officer or In-House Counsel can then export data for hand off to a regulatory auditor. Export formats include XML, PST, NSF, or compressed native file format.

For more information about simplifying eDiscovery & Compliance in the Big Data era, read this Whitepaperiii_{that discusses the challenges associated}

with Big Data and how a holistic approach to Information Management can mean big benefits in cost and risk reduction.

Figure 4: Sample Compliance Workflow Using CommVault® Simpana® Software

– IDG RESEARCH SERVICES. MARKET PULSE RESEARCH: IMPACT OF DATA SILOS AND THE DEMAND FOR ANYTIME ANYWHERE INFORMATION ACCESS. PUBLISHED:

FEBRUARY 2013.ii_[DOWNLOAD]

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Summary

The rapidly increasing volume and complexity of data creates a challenge for organizations as they try to efficiently discover information needed to address the corporate litigation, internal investigation, public information and audit requests they receive. One common pitfall organizations fall into is not capturing a comprehensive data set to search. Data that resides on laptops and desktops is often overlooked, ignored, or difficult to capture. CommVault Edge technology, a part of the Simpana software platform, is a complete enterprise-class solution for rapid, efficient and transparent desktop and laptop data protection. CommVault Edge technology brings critical endpoint data into the Simpana ContentStore, a hardware-agnostic, secure, virtual repository where all backup and archive data is maintained, and enables enterprise-wide search and efficient discovery of information from a single console and virtual repository. Simpana software makes searching for eDiscovery and compliance information quick and simple. CommVault Simpana software also reduces complexity and empowers enterprises through its eDiscovery and Compliance platforms, which enable automated workflows that are customizable to a company’s unique processes and organizational structure.

To learn more about Simpana software, and how it will enable a modern, efficient data protection strategy, please visit commvault.com/edge, and to learn more about

how to reduce cost, risk and complexity for compliance and eDiscovery processes, please visit commvault.com/eDiscovery.

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www.commvault.com • 888.746.3849 • [email protected]

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