Archiving and e-Discovery for Novell GroupWise
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The document outlines the significance of archiving and e-discovery in relation to various legal and compliance regulations such as HIPAA, SOX, and GLB, particularly during recessionary times. It details the email life cycle stages including creation, distribution, and retention, emphasizing the need for proper compliance, preservation, and identification to avoid legal repercussions like spoliation. Additionally, the document discusses the electronic discovery process highlighting steps such as identification, preservation, collection, review, forensic analysis, and production, along with the associated costs of litigation for Fortune 500 companies.
Archiving and e-Discovery for Novell GroupWise
- 1. CL109 Archiving and e-Discovery for Novell GroupWise Jim F. Lundberg Vice President, Legal Novell, Inc. Travis Grandpre Product Marketing Manager Novell, Inc.
- 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 2 © Novell, Inc. All rights reserved.
- 3. 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 3 © Novell, Inc. All rights reserved.
- 4. 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 4 © Novell, Inc. All rights reserved.
- 5. 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. 5 © Novell, Inc. All rights reserved.
- 6. Email Policy Considerations • Identity verification • Information protection • Content filtering • Archiving and preservation • Proof of compliance • Authentication • Virus and spam protection 6 © Novell, Inc. All rights reserved.
- 7. Electronic Discovery Obligations Evolving 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). 7 © Novell, Inc. All rights reserved.
- 8. “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. 8 © Novell, Inc. All rights reserved.
- 9. 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) 9 © Novell, Inc. All rights reserved.
- 10. 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) 10 © Novell, Inc. All rights reserved.
- 11. Preservation • Files and metadata • Tracking preservation requests - “Litigation holds” • “Holding in place” or “Copying to secure repository” 11 © Novell, Inc. All rights reserved.
- 12. Collection • Automation vs. Custodian directed • If responsive – requires copying for processing. • Collection reports and logs • Preserve integrity of metadata 12 © Novell, Inc. All rights reserved.
- 13. Review • Inclusion vs. Exclusion • Search capabilities – Identification – Recognition – Bates Numbering – Categorization – Privileges – Redaction – Work product – Native File Format viewers – Attorney-Client – Exporting to various formats – Confidentiality) – litigation support databases or other review products 13 © Novell, Inc. All rights reserved.
- 14. Forensic Data Analysis • Metadata • Custodian access • Analysis of multiple repositories 14 © Novell, Inc. All rights reserved.
- 15. Production • Electronic files vs. Hard Documents • Native format • Other format (ie. XML) 15 © Novell, Inc. All rights reserved.
- 16. Q&A
- 17. Partner Solutions 17 © Novell, Inc. All rights reserved.
- 19. Unpublished Work of Novell, Inc. All Rights Reserved. This work is an unpublished work and contains confidential, proprietary, and trade secret information of Novell, Inc. Access to this work is restricted to Novell employees who have a need to know to perform tasks within the scope of their assignments. No part of this work may be practiced, performed, copied, distributed, revised, modified, translated, abridged, condensed, expanded, collected, or adapted without the prior written consent of Novell, Inc. Any use or exploitation of this work without authorization could subject the perpetrator to criminal and civil liability. General Disclaimer This document is not to be construed as a promise by any participating company to develop, deliver, or market a product. It is not a commitment to deliver any material, code, or functionality, and should not be relied upon in making purchasing decisions. Novell, Inc. makes no representations or warranties with respect to the contents of this document, and specifically disclaims any express or implied warranties of merchantability or fitness for any particular purpose. The development, release, and timing of features or functionality described for Novell products remains at the sole discretion of Novell. Further, Novell, Inc. reserves the right to revise this document and to make changes to its content, at any time, without obligation to notify any person or entity of such revisions or changes. All Novell marks referenced in this presentation are trademarks or registered trademarks of Novell, Inc. in the United States and other countries. All third-party trademarks are the property of their respective owners.