Zapproved Solution Brief: Office 365

E-Discovery Best Practices For Enterprises with Office 365 Data

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DisclaimerThis whitepaper is provided for general information and educational purposes only. The contents should not be construed as legal advice or opinion. While every effort has been made to be accurate, the contents should not be relied upon in any specific factual situation. This whitepaper is not intended to provide legal advice or to cover all laws or regulations that may be applicable to a specific factual situation. If you have matters to be resolved or for which legal advice may be indicated, you are encouraged to contact a lawyer authorized to practice law in your jurisdiction.

About Zapproved Inc.Founded in 2008 in Portland, Ore., Zapproved Inc. is a pioneer in developing cloud-based software for corporate legal departments. The Z-Discovery Platform returns power to in-house corporate legal teams and helps them navigate electronic discovery with minimal risk and cost, and it sets new standards for scalability and intuitive design. The company’s flagship product, Legal Hold Pro, is widely adopted by Fortune 500 and Global 2000 corporations and has earned recognition as the Best E-Discovery Legal Hold Product at the 2015 and 2016 Legaltech News Innovation Awards, in the 2014 and 2015 Best of the National Law Journal and the 2013 and 2014 Best of Legal Times. Zapproved was recognized in the 2014 Inc. 500 as one of the fastest growing private companies in the U.S. and was named as a “vendor to watch” in the 2015 Gartner Magic Quadrant for E-Discovery.

SOC2 CompliantZapproved received its first SOC 2® Type 2 Certification on March 30, 2016. More formally known as Service Organization Control 2, this report was prepared by an Independent Certified Public Accountant who audited the controls relevant to the security principle under the standard that was formed under the American Institute of Certified Public Accountants (AICPA) Trust Services Principles and Criteria. This certification ensures the system has controls in place to protect against unauthorized access (both physical and logical).

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• The adoption of Microsoft Office 365 is skyrocketing. According to a 2016 Gartner survey, 78 percent of enterprises surveyed indicated they use or planned to use Office 365, up from 64 percent in mid-2014.1

• E-Discovery capabilities such as preservation, legal hold, archiving, and early case assessment functionality do come with some Office 365 bundles. The functionality included may meet the needs of some enterprises that do not have high-volume litigation and intensive e-discovery requirements, however the current solution is not end to end at this time and requires the use of third party e-discovery tools in addition to

Office 365. Some enterprises will have to make changes to their business processes as they migrate to the Office 365 ecosystem.

• As e-discovery data sources increase in number and fragment electronically stored information (ESI) across on-premise and cloud repositories, getting a handle on enterprise data is becoming more difficult. The enterprise will require solutions that can streamline processes to facilitate preservation and easily enable search and review of both cloud and on-premise data.

E-Discovery Best Practices For Enterprises with Office 365 Data

EXECUTIVE SUMMARY

SITUATION ANALYSIS

As cloud adoption increases, and more enterprise data is moved onto cloud systems, enterprise legal and IT teams are seeking strategies to successfully transition their preservation processes for ESI and prepare to manage e-discovery in an increasingly Office 365 world. In-house legal teams, and their IT counterparts realize that current processes and technology are challenged to keep pace with the increased complexity of the task of this hybrid on-premise / cloud data environment and as systems are incrementally migrated.

Also complicating e-discovery is the challenge of information governance and records management since the cloud makes keeping everything so cost effective. Affordable storage can lead to a lot of additional and unnecessary discoverable data to sift through -- making a quick litigation response difficult and expensive. Corporate legal teams must start by redefining their e-discovery processes and tools to fit with their new ESI landscape.

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Office 365 provides different levels of ediscovery functionality based on the license type. E1 licenses have no e-discovery functionality, E3 licenses offer the Compliance Center which allows an enterprise to perform preservation holds, search, and export data based on date and keyword. E5 licenses offer a fully featured early case assessment (ECA) tool and export functionality to review platforms, but at significant cost. Corporations should assess the native Office 365 e-discovery functionality and decide what works best for their requirements and budgets. When making the shift to Office 365, there are four factors organizations need to consider so they are prepared for defensible litigation response, aren’t paying for more than necessary, and have a solid plan of attack for e-discovery moving forward.

Factor 1: ESI SOURCESAre there ESI sources outside of Office 365 for which to preserve and collect?For any data outside of Office 365, a complementary solution to Office 365 e-discovery functionality is required. As enterprises define their processes and choose their tools, it’s important to consider all the other sources they need to preserve and collect from such as: remote computers, cloud storage such as Box or Dropbox, cloud applications like like Salesforce or Desk, and social media like Twitter, Facebook, LinkedIn. These teams will have to identify a process for handling these varied sources. This workaround can add complexity to data review and management because it’s not one singular view. Another option is to outsource the

management of one or more data sources but that path also adds complexity and can be costly. In-house legal departments should consider the implications of having multiple processes for ESI such as complexity to support, cost, training, and ease-of-use and defensibility.

Factor 2: DEFENSIBILITYDoes Office 365 provide all the functionality necessary for a defensible workflow?Though Office 365 has e-discovery functionality built within the software, it is not an all or nothing solution. Office 365 does not manage legal hold notifications and custodian acknowledgements, nor does it handle data sources outside of Office 365. For defensibility of the entire process, enterprises should complement the use of the Office 365 Compliance Center in conjunction with a solution that allows legal teams to manage the legal hold workflow, preservation and the collection of data in Office 365 along with their non-Office 365 data sources. Having a consistent and traceable process increases efficiency and improves the legal team’s communication of the enterprise’s duty to preserve -- improving the defensibility of the process.

Factor 3: EASE OF USE Is the enterprise staffed with appropriate levels of expertise to effectively use the Office 365 Compliance Center? Like most e-discovery tools, the native solutions that come with Office 365 can be complex. As legal teams evaluate their workflow they should do so with

FOUR FACTORS TO CONSIDER WHEN MANAGING E-DISCOVERY IN AN OFFICE 365 ENVIRONMENT

Office 365 Office 365 with Zapproved

Preserve Office 365 data in Place

Manage Legal hold notifications

Allow users to preserve data without an Office 365 Security & Compliance account

Can perform, manage and report on holds, preservations and collections from one centralized location

Manages discovery from sources outside of Office 365

Setup and manage compliance cases with no additional training

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[1] Cannell, Larry, “Implementing Office 365: Gartner Survey Results and Analysis, 2016”. Gartner, 04 May 2016.

a focus on ease of use. Administering access and permissions of Office 365 accounts can be complex and should not be trivialized, not to mention the difficulty of finding talent with the right balance of IT and legal skills. Consider speed, user experience, consistency and flexibility of process that the e-discovery solution supports. Enterprises should look for solutions that give the legal team the most consistent and simple steps as possible, and solutions that empower the team to meet its deadlines.

Factor 4: COSTIs using Office 365 cost effective for the enterprise?When evaluating the cost of various approaches, it’s important to review licensing, training, staffing, and consulting needs. This will help the team determine

the cost of the option that is right for the enterprise. Remember to have an eye on flexibility, and be mindful that it is more likely for increased data fragmentation as opposed to data consolidation in the future. Comparing the different options available will help in the selection of the appropriate subscription investment so that the enterprise invests in the right solution to provide the right approach for handling the changing ESI landscape.

ZAPPROVED UNIFIES E-DISCOVERY FOR CLOUD AND HYBRID ENVIRONMENTS

The Zapproved Z-Discovery™ suite is the easiest to use, and most defensible, integrated solution for managing e-discovery with Office 365 data sources on the market. Z-Discovery™ includes the award winning Legal Hold Pro™, and the newly developed Z-Discovery CloudPreserve™ which is used by in-house legal teams to defensibly manage legal hold notifications and seamlessly preserve cloud data in place across Microsoft® Office 365 ™ data sources including: Exchange®, SharePoint®, Skype® for Business, and OneDrive® for Business. Zapproved makes it straightforward for in-house teams to conduct forensically sound cloud collections using Data Collect Pro™ and enterprises can rapidly process and review e-discovery data in-house using Digital Discovery Pro™ — providing an intuitive, centralized platform for a consolidated review of hybrid data sources — making the process more efficient and cost effective. The cloud-based software can scale instantly to handle any spikes in data volume while processing data at more than one terabyte per hour, with the first documents available in less than 30 seconds — making early case assessment really valuable for determining case strategy. Z-Discovery can be deployed quickly and affordably and is intuitive to operate so the entire legal team can take advantage of its value. Now legal teams can get answers instantaneously rather than taking days or weeks and relying on expensive outside contractors. Contact Zapproved to see how we’re helping companies with Office 365 enhance their electronic discovery practices.

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