"With NearPoint’s unique full data capture methodology, we are confident that our eDiscovery processes are comprehensive... Our partners and staff are experiencing the benefits of limitless mailboxes while our Exchange storage has been reduced by 84% of its original size."
— Joel Woodall, Network Administrator, Kirton & McConkie
Launched in May 2005, the Electronic Discovery Reference Model (EDRM) Project was created to address the lack of standards and guidelines in the electronic discovery market - a problem identified in the 2003 and 2004 Socha-Gelbmann Electronic Discovery surveys as a major concern for vendors and consumers alike. The completed reference model provides a common, flexible and extensible framework for the development, selection, evaluation and use of electronic discovery products and services. The completed model was placed in the public domain in May 2006.
Information Management - Mimosa NearPoint Content Archive
Records retention for business reasons, for regulatory reasons, or, most importantly, for litigation is an important aspect of the overall eDiscovery preparedness model. The preemptive capture and indexing of the most requested ESI in a given business can greatly reduce your risk of spoliation, as well as meet the court's expectation of responsiveness. Without proactive capture, a reactive "crawl" through your infrastructure for each discovery event is required. In a recent Osterman survey, 73% of respondents said that in the event of a discovery request, they would prefer to have the information readily accessible and searchable in an existing archive, as opposed to an after-the-fact reactive "crawl."
Identification - Mimosa NearPoint Content Archive, NearPoint File System Archiving (FSA), eDiscovery Option
The Identification phase of the Electronic Discovery Reference Model refers to the process of learning the location of all the information you might have a duty to preserve and potentially disclose in a pending or prospective legal proceeding. For Exchange email, Windows file system and SharePoint discovery, the Mimosa NearPoint Content Archive captures all potentially discoverable information in Exchange, Windows file systems and SharePoint servers, so there is no question as to where that potentially discoverable information resides. In the case of custodian workstation discovery, the Mimosa Files System Archive (FSA) solution provides the ability to reactively search custodian workstations for responsive information if the custodian's computer is connected to the enterprise.
Preservation - Mimosa NearPoint Content Archive, NearPoint File System Archiving (FSA), eDiscovery Option
You must ensure that potentially responsive electronically stored information is protected against destruction or alteration when litigation is anticipated or is in fact happening. This is called the litigation or legal hold requirement. The NearPoint eDiscovery Option allows you to quickly find and protect potentially responsive information within the archive via litigation hold capability.
Collection - Mimosa NearPoint Content Archive, NearPoint File System Archiving (FSA), eDiscovery Option
The preservation and collection phases of eDiscovery often overlap. Collection and preservation work hand in hand to ensure that all potentially responsive information is found and protected for eDiscovery. This information is usually searched for on backup tapes, workstation hard drives, enterprise share drives, email servers, SharePoint servers, portable storage devices such as iPods, and so on. For Exchange, Windows file systems, and SharePoint data collection, the Mimosa NearPoint Proactive archive provides a single point of collection and discovery.
Processing - Mimosa NearPoint Content Archive, NearPoint File System Archiving (FSA), eDiscovery Option
The processing phase includes reducing the overall set of information you have collected by setting aside files that are duplicates, as well as files you believe are not going to be relevant because of factors such as type, origin, privilege, or date.
Review - eDiscovery Option
The review phase includes evaluating the collected ESI, frequently for relevance and privilege. Once potentially responsive information is captured and duplicates have been removed by the NearPoint archive, the NearPoint eDiscovery Option allows you to filter and review your information sets to produce the smallest information sets of responsive information. As an option Mimosa NearPoint can be configured to seamlessly push select, on-premise content to the LiveOffice cloud to support eDiscovery and Freedom of Information Act (FOIA) requests. This transparent movement of data via the LiveOffice CloudMerge tool provides a secure “neutral” zone where custodians, legal counsel, case assessment managers, citizens and partners can easily review messages online, eliminating the need for manual processing and export to physical media.
Analysis - eDiscovery Option
In the analysis phase, important case knowledge can be discerned from the body of collected documents and messages. Effective technology and techniques are essential to effective information and case analysis. Information that is essential to making your case can be quickly and easily obtained in a manner that is both more accurate and much less costly than an exhaustive manual review.
The Mimosa eDiscovery Option provides you with powerful search and filtering tools against email, calendars, contacts and drafts with Boolean search, easy-to-use search within search, proximity search, automatic conversation thread construction, search by context, search by date, and more. The ability to quickly create sets of "what if" results provides a much richer view of your case information and enables a rich Early Case Assessment capability.
Production - eDiscovery Option
The production phase includes the delivery of your results sets to various recipients (law firm, corporate legal department, service provider, and so on) as your response to the eDiscovery request. Results sets can also be exported to other systems, such as case management and presentation systems, if the need arises.
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