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Cut The Clutter:What You Have, What You Need,and What You Can Safely Get Rid of

Symantec Vision 2013 Cut The Clutter

Speakers

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David ScottGroup Product ManagerSymantec Corp.

Philip FavroDiscovery CounselSymantec Corp.

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Agenda

Symantec Vision 2013 Cut The Clutter

The Challenges of Cutting the Clutter

Judicial Approval of Defensible Deletion

Problematic Retention Regulations

Best Practices for Cutting the Clutter

Key Takeaways

Resources & Reference Material

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#SYMCHangoutSymantec Vision 2013

The Challenges of Cutting the Clutter

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Proliferation of Electronic Data

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In 2008, the average end-user may have owned 100 gigs of information. Just four years later, that number is now

closer to 1,000.

New Utah Rule 26: A Blueprint for Proportionalityunder the Federal Rules of Civil ProcedureTHE MICHIGAN STATE LAW REVIEW (2013)

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High Costs of Legal Review

The total costs per gigabyte reviewed were generally around $18,000.

—Rand Survey

Review comprises 73% of eDiscovery CostsProcessing/Collection represent 27% of eDiscovery Costs.

Symantec Vision 2013 Cut The Clutter

Defensible deletion is a comprehensive approach that companies implement to reduce the storage costs and legal risks associated with the retention of ESI.

eDiscovery 2.0 BlogDefensible Deletion: The Cornerstone of Intelligent Information Governance

What is Defensible Deletion?

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Companies May Want Defensible Deletion . . .

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96% agree “Defensible Deletion is Absolutely Necessary” to Reducing the Costs and Risks of ESI

—eDiscovery Group Survey (2012)

. . . But Few Are Doing Much About It

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—Archiving Customer Survey (2012)

Don't know18%

No54%

Yes28%

Expiry Enabled onArchiving Software?

Symantec Vision 2013 Cut The Clutter

Judicial Approval of Defensible Deletion

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Micron Technology v. Rambus, Inc.645 F.3d 1311 (Fed. Cir. 2011)

Defensible Deletion ≠ Spoliation of Evidence

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Where a party has a long-standing policy of destruction of documents on a regular schedule…motivated by general business needs…destruction…is relatively unlikely to be seen as spoliation.

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Good Faith Procedures Protect Against Sanctions

The Federal Rules protect fromsanctions those who…havediscarded [ESI] as a result ofgood faith business procedures.

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Brigham Young University v. Pfizer282 F.R.D. 566 (D. Utah. 2012)

Sanctions Denied, Reasonable Settlement Obtained

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Absent exceptional circumstances, a court may not impose sanctions under these rules on a party for failing to provide ESI lost as a result of the routine, good-faith operation of an electronic information system.

FED. R. CIV. P. 37(e)

The Federal Rules Encourage Defensible Deletion

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#SYMCHangoutSymantec Vision 2013

Problematic Retention Regulations

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Symantec Vision 2013 Cut The Clutter

Securities & Exchange Act Driving Excessive ESI Retention

• Broker-Dealers must preserve communications w/investors, other records relating to “business as such” SEA – 17a-4(b)

• Records must be kept for at least 3 years, the first 2 in an easily accessible place SEA – 17a-4(b)

• Broker-dealers may maintain and preserve these records by means of “electronic storage media”SEA 17a-4(f)

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FINRA Also Causing Over-Retention of ESI

• Promulgated in January 2010 to protect investors from false or misleading claims made on social networking sites

• To comply with this regulation, securities firms must develop protocols that enable them to retain and supervise social media content and ensure conformity by their representatives

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Dodd-Frank: The Regulatory Nightmare

• Implemented to overhaul and more closely regulate the U.S. financial services market

• Imposes various recordkeeping requirements, including a five-year retention period for most investment advisor documents

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17 C.F.R. § 275.204–2

Best Practices for Cutting the Clutter

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Symantec Vision 2013 Cut The Clutter

Disclaimer

“Any information regarding pre-release Symantec offerings, future updates or other planned modifications is subject to ongoing evaluation

by Symantec and therefore subject to change. This information is provided without warranty of any kind, express or implied. 

Customers who purchase Symantec offerings should make their purchase decision based upon features that are currently available.”

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Social Media/IM/Collaboration Content

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Communication has become fragmented…

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1995 2012

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Symantec Vision 2013 Cut The Clutter

“Clear the Clutter” – Best Practices for Social Media

Written Policy Block Features

Ethical Walls

Block Networks

Moderate content Pre-Approved Content Capture with Full Context

Map the Participant to a Corporate ID

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Taking Control of the SharePoint and the File System

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SharePoint - The Problem

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SharePoint Best PracticeProactive, Rules-Based Archiving and Leverage Site Closure

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SharePoint Rules-based Retention

• Retention can now be different for content in the same location

• Set retention based on:– Metadata value

– Content source (document, blog, wiki, discussion, list etc.)

– File Characteristics

Planned for EV 10.0.4

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File Shares – ‘Clearing the Clutter’

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Symantec Enterprise VaultFile System Archiving

Symantec Data Insight

• Identifies data owners

• Monitors data usage

• Reviews permissions

• Data ownership/usage drives

– Data storage efficiency

– Data management policy and compliance

• Integrates with Data Loss Prevention, and soon Enterprise Vault File System Archiving

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Symantec Plenary and SuperSession LegalTech 2013

Key Takeaways

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• Content does not need to be kept forever

• Deletion is acceptable provided it is part of a stated policy

• A proactive policy is essential

• You can drastically ‘cut the clutter’ through automated deletion and aggressive management of content sources

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Resources & Reference Material

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Get a Copy of the Solution Overview~

http://bit.ly/11dvpMk

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Resources & Reference Material

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Visit the eDiscovery 2.0 Blog

~ www.clearwellsystems.com/

e-discovery-blog/

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Resources & Reference Material

• Overview of EV, EV.Cloud and Clearwell Platform

• Archiving & eDiscovery – Real world ROI

• Information Management – A Step in the Right Direction

• Defensible Deletion: The Cornerstone of Intelligent Information Governance

Symantec Vision 2013 Cut The Clutter

Thank you!

David Scott Philip FavroGroup Product Manager Discovery CounselEmail: david_scott@symantec.com Email: philip_favro@symantec.comTwitter: @dscottyt Twitter: @PhilipFavroPhone: 757-251-7536 Phone: 650-714-9134

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Symantec Vision 2013 Cut The Clutter