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The ESI Data Map - What Inside Counsel and Records Managers need to know

A recording of the March 24, 2009 encore presentation of the popular webinar The ESI Data Map -- What Inside Counsel and Records Managers Need to Know is available for viewing above.  Just click on the arrow on the lower left corner to play. We welcome your feedback on the presentation. 

 

SharePoint has a Sibling: E-Discovery Blessing or Curse?

Back in January 2008 a Network World article indicated that Forrester Research analysts predicting Microsoft SharePoint grabbing a huge share of the Web 2.0 market-- and they were right!

According to a recent Byte and Switch article, Microsoft's SharePoint had an adoption rate of about 55 percent by the end of 2008. Most if not all companies deploy MS Sharepoint as an enterprise portal technology to replace their static Intranet and enhance work collaboration. Naturally it generates tons of content that all need to be organized, stored, and retrieved in some fashion.

Since SharePoint content management is atypical of organizing and retrieving emails and files stored in a document management system (DMS), that translates into another layer of complexity when it comes to e-discovery- at least from a technical perspective.

One thing for sure -- Sharepoint is highly scalable. That means it has the technical ability to handle a large number of documents or concurrent users. The downside is that SharePoint data files are stored in such a way that it is difficult to manage and backup down to the folder / document level)-- until now. In collaboration with Microsoft, Mimosa Systems recently announced that they've created a version of NearPoint (an email and file archiving solution) to work with SharePoint content archiving, data protection and e-discovery support.

The Nearpoint/Sharepoint integration claims to:

  • Manage data storage costs with complete capture of all SharePoint content including documents, lists, sites and site collections, site configuration and custom metadata.

  • Expedite e-discovery processes with integrated search and in-place legal holds across SharePoint server, email and file system content.

  • Improve recovery service levels with comprehensive data protection for SharePoint server to allow easy recovery of individual items or complete sites.

That sounds all well and good but getting it to play well with your company's other network gadgets and appliances could be a daunting task. Regardless, having a data map to catalog your company's records would be a great start.

In addition to data mapping, it is critical to set up proper corporate governance policies that reflect business process changes to take advantage of SharePoint's Content Types (think metadata), Site ColumnsWorkflow, and Security features. Simply put, the corporate governance policy is a set of roles, responsibilities, processes and rules defined within the enterprise to guide content producers in using the SharePoint Portal and all its functionalities. Without a policy that everyone can follow, SharePoint quickly becomes a hodgepodge of unwieldy data. A lack of consistency will result in poor enterprise search and retrieval for e-discovery purposes. Blessing or curse? It's what you make it.

For more information on data mapping, stay tuned to future free webinars similar to this one we offered.

Have you considered preparing a "Data Map?"

At the start or even the anticipation of litigation, in-house counsel are often under the gun to begin identifying the e-data that has been (or could potentially be) requested by opposing counsel. For many, this can be a messy process of identifying individual holders or "custodians" of potentially responsive documents and then further identifying  where and how this e-data has been stored. In a recent article in The Corporate Counselor, posted on In-House Counsel Online, Brett Tarr explored the practice of "Data Mapping" as a potential strategy to streamline and improve efficiency of an e-discovery response.

The concept of data mapping is relatively straightforward.  As Tarr explained, a data map:

"provides legal and IT departments with a guide to the employees, processes, technology, types of data, and business areas, along with the physical and virtual location of data throughout the company."

In other words, a properly constructed data map should allow in-house counsel to identify not only the location of potentially responsive e-data, but also its availability and format.  Those familiar with the onus of going through the e-discovery process are well-schooled in the difficulties that arise, firstly in the identification of relevant custodians of the e-data, and secondly, in determining the actual location of the data.  A properly constructed data map could significantly reduce the time spent in preparation for any outside vendors who may be required to actually extract the data.

Tarr provides four tips to create and maintain a data map:

  1. Involve other departments and managers early on;
  2. Develop logical, comprehensive practices for managing data;
  3. Create clear pathways of communication; and
  4. Don't just create, update

Central to any useful data map is a strong collaboration between the legal and IT departments, especially because of the differing vantage points each department may have with respect to e-data. By completing this process well in advance of any litigation, and as a matter of business practice, in-house counsel will have already eliminated one of the most time consuming aspects of responding to e-discovery requests, and also have readily available the information needed to determine (and potentially argue), the cost/burden of producing certain data versus the benefits of said production.

To read more about data mapping and details on Brett Tarr's tips, you can find his article at this link.