Manage big data in a defensible manner, reduce costs
As the volume and complexity of global data continues to grow exponentially within corporations and the hosting centers they use, so do the risks and costs associated with managing it. But for most companies, risk is very difficult to quantify and the ownership or responsibility of data often crosses multiple internal departments, so cost becomes a factor. To further intensify this: In today’s world, electronically stored information can be found all over the place. While some of it lives inside your computer, these days more of it lives somewhere on the internet in a cloud. Well, how do you find and assess it all?
The Future of Early Information Assessment is here
When an investigation or a reasonable anticipation of one arises, typical eDiscovery solutions will collect employee mailboxes with keywords and date ranges so that a searchable index, containing all the emails collected for potential relevance, can be created. These broad sweeps often lead to an extraordinarily large volume of collected emails that are preserved indefinitely in a 3rd party hosted environment or an outside law firm. This leads to an excessive amount of critical and, in most cases, sensitive data being stored outside the corporate firewall where no data remediation strategy is in play and the subsequent hosting costs are high.
eTERA believes that if a corporation or law firm can get in front of this traditional discovery, they can enhance their information governance and considerably lower the costs of their collection and hosting fees which are inevitable for most clients downstream. Consider this model:
To eTERA, “in-place” data analysis, including cross-platform searching and file analysis, can identify sensitive data early. Office 365 platforms combined with certified add-ons for legal hold notification and data mapping provide the client with defensibility and precision when exporting data to a managed review hosting provider. eTERA will also provide privacy, data protection, retention management, litigation readiness, GDPR solutions and policy review using our expert certified consultants on a onetime basis or monthly subscription.
eTERA Consulting can aid with the entire document lifecycle from the moment a document is created at its source to the collection and analytics of the corpus to the moment that document is required to be produced in a litigation or presented in a regulatory matter until finally the document is no longer needed for case material, on hold or under retention, and can be defensibly deleted. Using the model above, eTERA has saved our clients thousands of dollars in legal costs used in 3rd party hosted collection and processing facilities before even getting to document review. Our expert managed review team can even bring Work Product from the review project back into the source content as ancillary metadata to enhance your internal capability with managing it and the sensitive nature of key emails.
A closer look at Early Information Assessment’s workflow
Providing the security and compliance methodologies, technologies and services to help the client govern data at its source, “in-place” data analysis, including cross-platform searching and file analysis, can identify sensitive data early. Governance platforms (cloud or locally-based) combined with certified add-ons for legal hold notification and data mapping provide the client with defensibility and precision when exporting data to a managed review hosting provider.
eTERA specific services can be included in our EIA package:
- Rules, retention & policy management;
- Email platform add-ons for eDiscovery requirements (O365, GVault, Exchange);
- Legal hold notification & interviewing (client software preference) by providing certified technologies that are hosted or deployed on-premise and on-going services;
- Tag synchronization – for example some review tags on a set of emails categorized as “Work Product” during the linear review can be brought back upstream to the source platform so the next time it’s already tagged and the client does not pay for the same documents to be reviewed again;
- Automated workflow and project procedures;
- Custodial identification and advanced, automated data mapping to all data source on-premise and in the cloud;
- Highly sophisticated litigation hold software, with defensible and reportable workflows;
- Advanced analytics, allowing for a faster interpretation of data; and
- Advanced search using “in-place” methodologies to support finding documents at their source before collection.
Information Governance Rules & Policy Management Services
Our experts create data governance policies, programs, and automation within their new cloud platform. This allows for the integrator to control the data, and for the clients to stay compliant and mitigate any risk or unnecessary cost. Corporate legal departments and law firms can lower document review costs by retaining contract attorneys from eTERA to perform document review functions using O365 + Relativity. Our methodologies are designed from the ground up by a former Mayer Brown partner and integrates project managers, contract attorneys and paralegal staffing with excellent quality control processes, review technology, and daily real-time reporting.
eTERA’s experts also provide key processes, defensibilities and high-end content including:
- Preparation of counsel to understand organizational structure concerning key custodians;
- Preparation of counsel to understand issues of concerns, as related to data;
- Creation of eDiscovery manuals, processes and procedures;
- Determination of standard operating procedures for information technology support and discovery teams;
- Development of data management strategies and discovery plans to government authorities;
- Creation of defense of process memorandum;
- Training and education at all levels – executive, supervisory, administrator and user; and
- Education of witnesses on key issues within an investigation.
Data Protection Officer (DPO) Services
Data Protection Officer (DPO) services are available for those organizations who hold data or conduct processing activities which fall within the scope of the EU’s General Data Protection Regulation (GDPR). The DPO role, effectively outsourced to eTERA, provides clients with targeted regulatory expertise and tools for compliance, including:
- Adapting data protection processes and procedures to be aligned with the requirements of the GDPR;
- Developing data protection impact assessment (DPIA) template documents, tailored to the organization, which may be utilized for high risk processing activities;
- Overseeing data mapping and data index processes for systems and applications;
- Developing, maintaining and updating records of processing activities;
- Serving as an EU-based point of contact for Regulatory Authorities and data subjects in the EU; and
- Provide monthly reports on GDPR compliance, including updated processing records.
DPO services include an initial service centered on developing procedures and processes to ensure GDPR compliance, including tailored DPIA documents and processing records. Services thereafter are provided by monthly subscription, which includes the provision of monthly compliance reports, updates to processing records, and on-going communication with Regulatory Authorities and data subjects, as necessary.
Office 365 Education
Highly detailed and advanced education and training services around the new eDiscovery features using Office 365 Security and Compliance Center. This training will provide an overview of the eDiscovery features within Office 365, discuss the most pertinent elements for legal professionals, law firms and eDiscovery vendors that will be supporting the many clients that are migrating to Office 365.
- Supporting clients using Office 365;
- eDiscovery features included;
- EDRM requirements that are not included; and
- Exporting data for an outside review.
eTERA Consulting can fill the technology gaps with Office 365 and other platforms to offer our clients use of the software tools they prefer and require at the lowest cost per mailbox. This increases case efficiency and applies considerable cost reductions over traditional eDiscovery reviews.
Legacy Data Cleanup & Remediation Services
The data that a corporation has in its network can expose it to security, privacy, legal, and compliance risks. The EIA program allows corporations to take command and control of their data so that they understand exactly what their data challenges may be. With a broad range of technologies, eTERA’s experts can help with the following tasks:
- Identify sensitive PII, PCI, EU GDPR-related, HIPAA or other business critical information stored on the network;
- Reduce storage costs within the corporation by identifying and deleting content that is no longer needed and is outside current retention policies;
- Reduce external costs and security risks by using technology to determine where all of your data is at outside providers (e.g., law firms, service providers) and identify non-relevant data for destruction;
- Detect employee changes and take automated corrective action, including the hiring, termination, or department changes of an employee, such as taking a backup of their files, notifying records management or IT of the change and the releasing of the employee from unnecessary litigation holds;
- Create customized procedures to manage FOIA and/or public records responses, with advanced, automated project management tools; and
- Prepare data to be streamlined as it proceeds throughout the discovery process.
Overall, eTERA’s EIA program provides an extensive information governance solution with seamless integration with eDiscovery services. The EIA technology solutions synchronize legacy work product information within the corporation and at various third-party locations, with the ability to read and track tagging on that data.
eTERA’s EIA automated workflows and business rules then allow the continuously synchronization of such information with such products as Office 365, SharePoint, AWS/Azure and other client on premise and cloud data sources.