Electronic Discovery (eDiscovery)
for Litigation Support

The Mimosa NearPoint eDiscovery Option

The Mimosa NearPoint eDiscovery Option is a robust yet easy-to-use email and file system discovery application for internal eDiscovery auditors or legal staff.

In the past, because of the need to restore files from backup tape and to search custodian local file stores, email and file system discovery could take days, weeks or months. Now, with the NearPoint eDiscovery Option and its ability to leverage the disk-based, fully indexed NearPoint archive, email and file system discovery can be dramatically reduced.

Using the eDiscovery Option, new search queries are created by selecting target Exchange mailboxes or file system stores and additional search criteria including date ranges and content. Full-text, Boolean and advanced Boolean search of email, file attachments and office files are also supported.

The NearPoint Continuous Application Shadowing capability provides full message and file indexing at capture, so powerful search queries and searches within searches can be created to locate all types of Exchange and file system objects, including messages, attachments, calendar entries, contacts, notes and file attributes.

How Mimosa's NearPoint Archive Solutions Conform to the Industry-Standard Electronic Discovery Reference Model

Information Management - Mimosa NearPoint Archive
Records retention for business reasons, for regulatory reasons, or, most important, for litigation is an important aspect of the overall eDiscovery preparedness model. The preemptive capture and indexing of all potentially discoverable information in a given system can greatly reduce your risk of spoliation, as well as meet the court's expectation of responsiveness. Without preemptive capture, a reactive "crawl" through your infrastructure for each discovery event is required. In a recent Osterman survey, 73 percent of respondents said that i n 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." Because NearPoint preemptively captures all potentially discoverable Exchange information and applies retention policies in real time, it dramatically reduces the greatest cost of Exchange discovery.

Identification - Mimosa NearPoint Email 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 information that you might have a duty to preserve and potentially disclose in a pending or prospective legal proceeding. For email and file system discovery, the Mimosa NearPoint Email and File System Archive can capture all potentially discoverable information in Windows Exchange and file systems, so there is no question as to where that discoverable information resides. In the case of custodian workstation discovery, the Mimosa 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 Email 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 in fact. The NearPoint eDiscovery Option enables you to quickly find and protect potentially responsive information within the email and file system archive via litigation hold.

Collection - Mimosa NearPoint Email 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, portable storage devices such as iPods, and so on. For email and instant message collection, the Mimosa NearPoint archive provides a single point of discovery, since all potentially discoverable Exchange information is captured and indexed in real time. File system information can be quickly found and protected via litigation hold within the NearPoint archive.

Processing - Mimosa NearPoint Email 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 frequently evaluating the collected electronically stored information for relevance and privilege. Once potentially responsive information is captured, and duplicates have been removed by the NearPoint archive, the NearPoint eDiscovery application 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, such as 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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