1. Automation. Collaboration. Integration.
Big Data Converging with Legal,
Information Governance and
Regulatory Requirements
February 7, 2013
Adam Cohen, Esq., Principal, Ernst & Young
Mark Melodia, Esq., Partner, Reed Smith, LLP
Adam Wells, VP of E-Discovery Services, TERIS
Bob Rohlf, Esq., E-Discovery Counsel, Exterro, Inc. (moderator)
2. About Exterro
The leading e-discovery software suite that unifies all phases of e-discovery –
from identification through attorney review and production
Open architecture seamlessly integrates with existing business processes and
enterprise infrastructures
4. Today’s Speakers
Adam Cohen, Esq.
Principal, Fraud Investigations and Dispute Services
Ernst & Young
• Expert in electronic discovery and electronic information management with
more than 15 years of experience in law and technology, focusing on large-scale
investigations and litigations as well as proactive information management
policies, procedures and technology
• Well-known author and lecturer in the field of electronic discovery, and has
served as a court-appointed expert on electronic discovery issues in Federal
Court
• Co-author of treatise Electronic Discovery: Law and Practice, cited as authority in
landmark federal court opinions (including Zubulake v. UBS Warburg and
Lorraine v. Markel) and author of the forthcoming book Managing Social Media
Legal Risks through Corporate Policy (to be published this March).
• Adjunct faculty member at Fordham and Pace Law Schools in New York, teaching
Electronic Discovery courses designed to prepare the next generation of
attorneys for effective practice in this area
• Member of the Sedona Conference working group on electronic discovery and
co-chairs the New York State Bar Association’s electronic discovery committee
5. Today’s Speakers
Mark Melodia, Esq.
Partner
Reed Smith, LLP
• Leads the Global Data Security, Privacy & Management practice as a partner
within the Global Regulatory Enforcement Group
• Experienced in litigating putative class actions and other "bet-the-company"
suits in the following three areas: (1) data security/privacy; (2)
mortgage/financial services; and (3) other complex business litigation
• Routinely represents clients responding to government privacy
investigations, including before the Federal Trade Commission, the Office
for Civil Rights, the State Attorneys General, and the United States
Department of Justice
• Frequent author and speaker on issues surrounding privacy and other
regulatory compliance concerns
6. Today’s Speakers
Adam Wells
Vice President of Business Development and eDiscovery Services
TERIS
• Expert in eDiscovery and Information Governance
• Provides clients with strategic direction and best practice guidance on a
variety of Information Governance issues
• Frequently speaks on a wide range of eDiscovery and IG issues, from
social media to defensible deletion
• Nearly 10 years of experience in the eDiscovery field
• Prior to joining TERIS , served as eDiscovery lead for large national law
firm, where he crafted firm-wide eDiscovery guidelines and counseled
and implemented eDiscovery plans for clients
7. Today’s Speakers
Bob Rohlf, Esq. / MBA
E-Discovery Counsel
Exterro, Inc.
• Inside Counsel at Exterro
• Expert in e-discovery delivery systems, advises Exterro’s development team
on product functionality
• Managed business process improvement projects in a number of national
and regional companies representing the transportation, energy,
manufacturing, electronics, foods, and leisure sectors
• Extensive knowledge in managing professional services teams and building
effective client relationships
• Frequently writes and presents on various e-discovery issues
8. Agenda
What is Big Data?
Problems Presented by Big Data
Best Practices for Handling the Big Data
Paradigm
9. Agenda
What is Big Data?
Problems Presented by Big Data
Best Practices for Handling the Big Data
Paradigm
10. Exploding Amounts of Data
of all digital data in the world has been
created in the last 2 years
Number of bytes created globally each day
11. Where Does this Data Come From?
GPS Devices Cell Phone Activity
Credit Card Transactions Facial Recognition Survey Data
12. What is Big Data?
“Better analytics have made data sets more valuable”
“Big data is changing how we consume energy, receive
healthcare, monitor animal migration, track the
weather and more”
“The power to reveal hidden truths about
our companies, about our lives, about "The accumulation of very large data sets to
society as a whole” create analytics will be the basis of
competition going forward for individual firms,
for sectors and even for countries. Those
companies that are able to use data effectively
are more likely to win in the marketplace."
17. Information Governance
*Security protocols
*Integration of data across sources
*Data retention policies
*Data expiration *Data mapping
*Data classification
19. Class Actions
Hundreds of class Further questions
actions filed over over data mining,
privacy issues analytics, purchase &
resale of data sets
Major class
actions currently Exploitation of public
filed about the anxiety surrounding
collection /use of privacy issues
locational data
20. Agenda
What is Big Data?
Problems Presented by Big Data
Best Practices for Handling the Big Data
Paradigm
21. Best Practices
Information Governance
Establish and Frequently Create a Data Map
Update Protocols Proactively identify where data
Join forces with legal, records resides before litigation or
and information mgmt., regulatory inquiries occur
compliance teams to create a
comprehensive Big Data policy
Classify data Defensibly Delete Data
Proactively manage information Champion document retention
by classifying data into buckets policies even in the face of the
for retention, security, audit, Big Data benefits
legal and business intelligence
purposes
22. Best Practices
E-Discovery
Create an Automated Utilize Predictive
Legal Hold Process Technologies
Identify all custodians / data Know more about matters
sources and create a legal hold sooner when searching data sets
process that…
• Tracks all custodian responses
• Issues legal hold reminders,
re-issuance, releases
• Inquires about custodian Integrate with Multiple
follow-up interviews Systems
• Enable users to find gaps in To quickly search and preserve
the process to subsequently potentially relevant information
create a more efficient process integrate your data management
tool with other systems
(SharePoint, Outlook, etc.)
