GUIDANCE SOFTWARE | PRODUCTS
EnCASE® eDISCOVERY SUITE
EnCase® eDiscovery Suite
Automatically search, identify, collect, preserve, and process electronically stored information across the network.
GUIDANCE SOFTWARE | PRODUCTS
EnCase eDiscovery Suite ®
delivers cost savings of
up to 90%
Overview EnCase eDiscovery Suite is an enterprise-wide solution that automatically searches, identifies, collects, preserves, and processes electronically stored information (ESI) across your network. It enables you to build an in-house, systemized, repeatable, and defensible process in compliance with the Federal Rules of Civil Procedure. eDiscovery Suite also delivers cost savings of up to 90% by utilizing its unique smart collection and processing capabilities. These capabilities allow users to create search profiles with any combination of select criteria to collect and extract potentially relevant data. Organizations using eDiscovery Suite can significantly reduce the amount of data that must be reviewed and hosted, ensure that no responsive data is overlooked, and eliminate the over-collection and irrelevant data that results from the inefficient and traditional method of imaging hard drives.
The Federal Rules of Civil Procedure Require a Proactive Stance Toward eDiscovery On December 1, 2006, amendments to the Federal Rules of Civil Procedure (FRCP) went into effect, changing how organizations must deal with ESI. Taken as a whole, the FRCP require a systemized, repeatable, and defensible process for handling ESI. To comply with the Federal Rules, in-house counsel must take a proactive stance towards eDiscovery and build a systemized process to address ESI.
“
In one large case, we were able to cull 9.2 million documents to 600,000 for collection. On that case, we saved approximately $3 million in processing and attorney review costs”
-Ronald K. Perkowski, Senior Counsel, Halliburton
EnCASE® eDISCOVERY SUITE
eDiscovery Today: A Reactive and Event Based Fire Drill Responding to eDiscovery requests today is a reactive process that is nothing short of a fire-drill. With each new case, counsel scramble to issue litigation holds, involve IT, and either hire a consultant to collect and preserve data or rely upon methods such as employee self-collection. This reactive approach is expensive and is neither systemized nor repeatable; as a result, this approach fails to meet the requirements of the FRCP and is subject to dangerous process attacks. In-house counsel face additional burdens under the new rules, as the risks associated with not creating a process are all too clear: one only need look to the Morgan Stanley decision (reversed on other grounds) or any of the recent Federal cases where the courts examine, critique, and sanction corporate defendants because of inadequate processes. The challenge is to build an in-house eDiscovery process using the right tool. EnCase eDiscovery Suite is that tool. The Goal: Build an eDiscovery Process that is Systemized, Repeatable and Defensible Most organizations are looking to improve their eDiscovery process to achieve several goals, including compliance with the FRCP, reducing overall eDiscovery costs, and building an efficient, internal process with multiple uses. Organizations using EnCase eDiscovery Suite’s systemized, repeatable, and defensible processes are able to: 1) Significantly reduce costs 2) Comply with The Federal Rules 3) Eliminate the risks and disruption caused by employee self-collection; and 4) Leverage investments in the network and personnel
“To the extent that it may not be feasible for counsel to speak with every key player, given the size of a company or the scope of the lawsuit, counsel must be more creative... For example, counsel could create a broad list of search terms, run a search for a limited time frame, and then segregate responsive documents. . .”
-Zubulake V EnCase eDiscovery Suite makes possible the keyword search envisioned in the Zubulake case.
Encase eDiscovery Suite helps organizations: Reduce Overall eDiscovery Costs In-house counsel are spending an ever increasing amount of their budget on eDiscovery costs. EnCase eDiscovery Suite delivers an order of magnitude cost savings that reduces an organization’s eDiscovery costs by up to 90%. Comply with The Federal Rules of Civil Procedure The FCRP’s emphasis on ESI requires organizations to take a proactive stance towards eDiscovery. The early attention requirements include both the discovery planning and pretrial conferences, and the “safe harbor” provision requires a systemized framework for handling ESI.
“We originally thought of EnCase Enterprise as an e-forensic tool only. However, Guidance Software’s solution addresses virtually every aspect of information security and electronic discovery. It saves money, saves time and produces better results, whether the task is an internal investigation or eDiscovery…”
-Tracy Holland, Litigation Counsel, Dell
EnCase eDiscovery Suite identifies, collects, and preserves ESI in the systemized, defensible, and repeatable process required by the FRCP while also giving the organization an early assessment of its ESI. Eliminate the Risk and Disruption Caused by Employee Self Collection Employee self-collection is neither systemized nor defensible and can result in sanctions and penalties. For example, the court in Wachtel v. Health Net, Inc., 2006 WL 3538935, found that relying “on the specified business people within the company to search and turn over whatever documents they thought were responsive, without verifying that the searches were sufficient,” was inadequate. EnCase eDiscovery Suite eliminates the risk and disruption associated with employee self-collection because its targeted searches collect relevant ESI from employee computers automatically and transparently across the network, without employee intervention. Leverage Network and Personnel Investment EnCase eDiscovery Suite can be used as a part of many other organization initiatives: Records Management Compliance Enforcement and Data Leakage Financial Auditing and Fraud Detection Internal Employee and HR Investigations
Traditional eDiscovery
Manually Acquire Enormous Amounts of Data Extract Potentially Relevant Data Process Data Legal Review and Analysis
eDiscovery with EnCase eDiscovery Suite
®
eDiscovery Suite
Acquire ONLY Potentially Relevant Data
Automatically Process Data Legal Review and Analysis
EnCase eDiscovery Suite automates the entire process — identification, collection, preservation, processing and seamless review export to major review platforms.
EnCASE® eDISCOVERY SUITE
“Enterprise legal and risk officers must define eDiscovery requirements so that CIOs can drive the implementation of an enterprise eDiscovery platform. To do this, IT should partner with viable vendors, such as Guidance Software.”
-eDiscovery Bursts onto the Scene, Forrester Research
EnCase eDiscovery Suite is the In-House eDiscovery Solution EnCase eDiscovery Suite is an automated, scalable solution that scales to any size enterprise and will adapt and grow with the organization’s needs. It is minimally invasive, works transparently over the network, and there is no business interruption or user impact. EnCase eDiscovery Suite represents best practices technology for discovery and analysis as it is built upon EnCase Forensic technology, the world’s leading computer forensics tool. EnCase eDiscovery Suite’s core competencies include the following: Identification: eDiscovery Suite provides for a pre-collection assessment of ESI to determine which documents would be responsive to a given a search, enabling the organization to fine tune search criteria and generate a report summarizing the data to be collected. Preservation: eDiscovery Suite stores collected data in the industry-standard EnCase Logical Evidence File, a tamper-proof, forensically-sound container that preserves ESI in its native format. Metadata is unaltered, and a strict chain of custody is maintained via a detailed tracking database; ESI collected with EnCase software is supported by published case law. Collection: eDiscovery Suite collects from desktops, servers, mapped drives, Exchange and Domino servers, portable storage devices, and other data repositories. The search capabilities allow for a rich set of search criteria to ensure only relevant data is collected.
Socha-Gelbmann 2006 eDiscovery Survey Ranks Guidance Software in the Top Five eDiscovery Software Providers The Socha-Gelbmann 2006 Survey ranked Guidance Software as one of the top five market leaders and the top eDiscovery collection software provider.
Processing: eDiscovery Suite’s processing abilities include ESI consolidation, secondary filtering, and deduplication. Files can be deduplicated across all custodians or within specific custodians. Review Platform Integration: ESI collected with eDiscovery Suite can be exported to the review platform of the organization’s choice, and the option exists to create load files for the most popular review platforms.
About Guidance Software (GUID) Guidance Software is recognized worldwide as the industry leader in digital investigative solutions. Its EnCase® platform provides the foundation for government, corporate and law enforcement organizations to conduct thorough and effective computer investigations of any kind, such as intellectual property theft, incident response, compliance auditing and responding to eDiscovery requests—all while maintaining the forensic integrity of the data. There are more than 20,000 licensed users of the technology, and thousands of investigators and corporate security personnel attend Guidance Software’s forensic methodology training annually. Validated by numerous courts worldwide, EnCase software is also frequently honored with top security awards and recognition from eWEEK, SC Magazine and Network Computing, as well as the SochaGelbmann survey.
www.guidancesoftware.com ©2007 Guidance Software, Inc. All Rights Reserved. 95-00-01080 4/07