Electronic discovery has emerged as the fastest growing source of litigation expense and is also fraught with risk, as ediscovery missteps can result in sanctions that greatly disadvantage litigants. Orrery helps companies significantly reduce current and downstream costs and risks through the development and implementation of sound ediscovery processes and strategies.
Orrery specializes in strategic ediscovery consulting. Through a variety of consulting areas, Orrery provides clients with customized “best fit for size” solutions and advice. A primary focus is given to maximizing clients’ existing resources – developing solutions and processes from the technology and staff that clients currently have on hand.
Examples of strategic ediscovery questions:
- What aspects of our information environment present unacceptable ediscovery cost/compliance risks?
- Do we have a formal set of ediscovery processes and procedures?
- Can our formal ediscovery processes and procedures be improved?
- Do we have an in-house ediscovery response team?
- Can the structure and mission of our in-house ediscovery response team be improved?
- Does our business react in a timely fashion to the implementation and lifting of legal holds?
- Do our Document and Data Retention Policies present unacceptable ediscovery cost/compliance risks?
- Are our Document and Data Retention Policies enforced in a timely and consistent manner?
- Does our email environment present unacceptable ediscovery cost/compliance risks?
- Should we implement/improve an email archiving solution?
- What aspects of our back up/redundancy environments create unacceptable ediscovery cost/compliance risks?
- Our business is considering moving much of its data to a cloud solution. What is the impact of each potential cloud solution to our ediscovery cost/compliance risks?
- Our employees are increasingly creating and storing more of their data on mobile devices such as iPads, smartphones and tablets. How can these devices be configured so that they retain their utility while also optimizing our ability to meet our ediscovery obligations?
- What policies should be implemented regarding our employees use of social media like Facebook, Twitter and LinkedIn?
- Does our instant messaging environment present unacceptable ediscovery cost/compliance risks?
- Our business’ voicemail system integrates with our email system (Unified Messaging). How can this be configured to maintain its business utility while also optimizing our ability to meet our ediscovery obligations?
Business Consulting AreasOrrery provides an array of consulting services that will optimize your business’ Legal and IT Department processes, systems, and solutions.
- eDiscovery Response Package: Implementation or Enhancement
- eDiscovery Response Team: Implementation or Enhancement
- Legal Hold Management
- Document & Data Retention Policies
- eDiscovery Risk Survey
- Email & Email Archiving
- Systems and Hardware Lifecycle Maintenance
- Unstructured Network Data
- Computer & Laptop Configuration
- BYOD Policies
- Back Up & Redundancy Environments
- Cloud Solutions
- Mobile Devices
- Social Media
- Instant Messaging
- Voice Mail/Unified Messaging
eDiscovery Response PackageFormal ediscovery processes and procedures significantly reduce ediscovery cost and risk. External data collection and preservation providers, be they law firms or third party vendors, can generate significant cost performing work that may easily be performed by your in-house resources. Perhaps of more importance, having formal in-house ediscovery processes and procedures gives your business far more control of litigation data flows and the resulting accumulation and timing of ediscovery costs.
Orrery assesses your in-house resources and provides advice and/or actual implementation work so that you in effect have an “ediscovery game plan”: A formal set of processes and procedures that collect and preserve data in a tried and true defensible manner.
If you already have formal ediscovery process and procedures, Orrery can audit those practices and provide detailed advice on areas/action plans for improvement.
eDiscovery Response TeamIn-house ediscovery response teams significantly reduce ediscovery cost and risk. External data collection and preservation providers, be they law firms or third party vendors, can generate significant cost performing work that can easily be performed by your in-house resources. Perhaps of more importance, having an in-house ediscovery response team gives your business far more control of litigation data flows and the resulting accumulation and timing of ediscovery costs.
Orrery assesses your in-house resources and provides advice and/or actual implementation work so that you have an in-house ediscovery response team that collects and preserves data with tried and true defensible processes.
If you already have an in-house ediscovery response team, Orrery can audit their practices, policies and procedures and provide detailed advice on areas/action plans for improvement.
Legal Hold ManagementTimely response to ediscovery preservation obligations is essential. Businesses must act swiftly to notify employees of the obligations, receive affirmation from those employees that the obligations will be observed, and periodically remind those employees of the obligations. Additionally, businesses must take care to ensure that data at risk is not inadvertently lost: What happens to an employee’s relevant network data and email when an employee leaves the business? When an employee receives a new computer, are processes in place to ensure that all relevant data on the employee’s old computer is defensibly preserved? How is content on SharePoint sites preserved? Orrery has a wealth of experience addressing these and similar questions and developing automated or semi-automated solutions.
Far too often, businesses overlook the other end of the spectrum – lifting legal holds. Failure to lift legal holds leads to accumulation of data that has no business value and can result in significant unnecessary downstream ediscovery cost risk. Orrery helps your business develop processes and automated and semi-automated solutions that ensure your business is lifting legal holds in a timely and defensible manner.
Document & Data Retention PoliciesDocument and data retention policies should be driven by business needs and legal obligations. Inconsistent enforcement of document and data retention policies frustrates the intent and value of those policies. Data which provides no recognizable business value and is not subject to legal preservation obligations simply presents unnecessary infrastructure cost and unnecessary downstream ediscovery cost risk.
Orrery assists businesses in crafting suitable and defensible retention policies and develops processes and solutions that ensure those policies will be enforced in a timely and consistent manner.
eDiscovery Risk SurveyWith an eye towards identifying and eliminating unnecessary ediscovery cost and risks, Orrery conducts a comprehensive review of your IT systems, discovery processes; and document and data retention policies, including:
• Implementation and lifting of legal holds
• In-house ediscovery processes/team
• Records and data retention policies
• Instant messaging and other communication systems
• Voicemail/unified messaging systems
• Desktop and laptop configuration
• Configuration of back up and redundancy solutions
• Configuration of network systems and data
• Internet and intranet environments
• SharePoint and other collaborative platforms
• Cloud solutions
• Mobile devices (e.g. iPads and smartphones)
• External device (e.g. thumb drives and external hard drives)
Email & Email ArchivingThe majority of business correspondence these days occurs via email, making it the single greatest source of ediscovery cost. Most email environments have some form of built in size and age management rules that automatically delete email, contributing significantly to making email content one of the greatest sources of ediscovery preservation risk. Orrery surveys your email environment and provides advice/implementation on efficient and defensible email preservation solutions.
Email archiving solutions shift email to lower cost storage platforms that are frequently equipped with ediscovery search, collection and preservation functionalities. Businesses implement these solutions to both reduce email infrastructure costs and improve ediscovery response capabilities. Orrery assists businesses in choosing and implementing email archiving solutions that best meet their IT and Legal needs.
Systems and Hardware Lifecycle MaintenanceOrrery provides assistance in developing systems and hardware lifecycle management policies and procedures that ensure businesses meet their preservation obligations with minimal overall infrastructure cost.
Too often, businesses respond to comparatively narrow ediscovery preservation obligations by preserving all/nearly all computers and network storage platforms. Orrery develops “best fit for size” solutions that defensibly avoid such over preservation.
Any time a business retires or migrates a major application or database, it runs the risk of losing data subject to legal preservation obligations. Businesses often respond to this risk by preserving all data from the old application or database. This not only presents a risk of over preservation, it also can present a false sense of confidence because, although the underlying data has been preserved, that data can no longer be accessed or retrieved in a meaningful fashion or with the same functionality of the legacy system. Orrery teams with businesses’ Legal & IT Departments to ensure that application/database data subject to preservation obligations is preserved in a manner in which it can efficiently be retrieved. Orrery also helps the involved businesses set up policies and procedures which ensure that when the legal preservation obligations end, the application/database and its data can truly be retired.
Facility closures or reductions in workforce present obvious ediscovery compliance risks which often are responded to with “save everything” solutions. Orrery teams with downsizing businesses to ensure they defensibly take necessary preservation steps and avoid unnecessary over preservation
From the ediscovery perspective, acquisitions present unique challenges. An analysis must be performed of the legal preservation obligations of the acquired entity after which subsequent preservation steps should be folded as smoothly as possible into the acquiring business’ ediscovery procedures and document and data retention policies. Orrery provides education and guidance to in-house staff regarding handling of preservation in the context of mergers and acquisitions.
Unstructured Network DataBusinesses store a vast amount of their data on network drives – e.g. department shared drives or employee “home” drives. Some of this data, in particular the latter for departed employees, is likely subject to auto purge practices. Orrery helps businesses develop solutions which ensure that data subject to legal preservation obligations is not affected by such necessary IT management methods.
Computer & Laptop Configuration and Lifecycle ManagementDue to information security and privacy concerns, many businesses are deploying encryption solutions to their laptop and desktop computers. The configuration of these solutions can inhibit or, in worse case, completely frustrate ediscovery processes. Orrery assesses encryption solutions and ensures those solutions have minimal impact upon businesses’ ediscovery processes.
BYOD Policies“Bring Your Own Device” is a growing trend in which employees use personally owned devices to access, edit and create business data. Orrery helps businesses craft BYOD policies which address the myriad of information protection, privacy and ediscovery issues presented by BYOD scenarios. Orrery also helps businesses implement ediscovery processes and solutions that ensure access to and preservation of BYOD content.
Back Up & Redundancy EnvironmentsRetention of backed up data should be driven by business needs and legal obligations. Businesses with back up policies that exceed their business needs and current legal obligations are incurring unnecessary infrastructure costs and generating significant downstream ediscovery cost risk.
The traditional back up tape product is often thought of in this context but many businesses are shifting towards virtual redundancy solutions that eliminate the need for physical tapes but present the same risks discussed above.
Orrery surveys business redundancy solutions and offers advice on optimal configuration.