| | January 20169CIOReviewData preservation and data growth is a compliance challenge. The more data and more data sources there are the more pressure and complexity organizations face during data collection and processing. According to Bloomberg, legal costs for the biggest U.S. banks totaled $30 billion in 2014. As a result of changes included in the newly proposed Federal Rules of Civil Procedure (FRCP), organizations face a shorter time frame for responding to discovery demands. For collection and processing, the scalability and speed of processing has become a key differentiating factor for e-discovery products and services. Additionally, the number of organizations receiving e-discovery requests in increasing. The following data from Fulbright & Jaworski, LLP was cited by Gartner:Table ­ 1: 2010 ­ 2012 Litigation Trends Survey Organizations need a solid strategy for data governance in order to respond to, and manage the risks and costs of, e-discovery demands. The following should be considered in developing an e-discovery strategy: Develop a governance structure and memo-rialize it through policy. Also, determine the standards and processes by which the policies are enforced. Construct a map of electronically stored information (ESI) sources, in-cluding mobile devices. Map regulations to policies and controls to identify over-laps, redundancies and gaps in policies, controls, and re-cords retention requirements. Identify the current state of social media usage within the appropriate span of control. Communicate revised social and mobile policies to employees on at least an annual basis. Keep business records for the shortest time permitted by regulation. Keep non-regulated records for approximately 12 to 36 months, as required by the business. Define a system of record for documents that exceed this period and ensure that steps are taken to assure retrieval. Develop and define a legal-hold process. Identify the relevant data custodians and notify them of their duty to preserve data, audit tracking, and process reporting.The MarketThe e-discovery market has been in a state of constant expansion since 2006, and an expanding universe of inputs is accelerating this process. For example, BYOD and wearable computing devices are now considered discovery targets. The first court case that sought Fitbit data and leveraged data analytics was recorded in November 2014. This technology expansion creates demand for new e-discovery products and services. In 2014, the e-discovery software market was $1.8 billion, worldwide, and had a five-year compound growth rate of 12 percent. Data Archiving and SanitizationData migration and IT infrastructure modernization offer oppor-tunities for organizations to analyze data and clean up data sets. Outdated or redundant data can be identified and classified, and rules can be applied to cull out unnecessary data. Organizations typically over-retain data, and migration represents an oppor-tunity to delete data that no longer has any business value, as long as there is not a need to retain the data for legal or regula-tory purposes. Archiving solves several problems that cannot be handled in native email systems, social media systems, or by using file shares as primary storage. Archiving systems can be put in place as solutions for storage management, e-discovery, compliance, indexing, search and business or market analysis.Cloud based storage solutions require and environment and data retention policies that support responding to events like audits, investigations, litigation de-mands, and litigation-related processes, such as legal holds. Storage managers must relinquish control of policy enforcement and e-discovery response activities. The centralized nature of cloud-based archiving can be used to simplify policy enforcement. Stephen Welsh
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