Tapes 101
April, 2013
The Oliver Group
Agenda – Discussion Points
• About Us – The Oliver Group (TOG)
– Business profile, markets served, etc.
• TOG Core Services
• Case Law
• Media Related Services
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Preservation - Cataloging
Media Format
Backup Software
Restoration Processes
Typical Email Platforms
Issues and Trends
• Summary
• Q&A
• Bio
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About Us
The Oliver Group provides focused expertise in helping clients navigate
through the early stages of the electronic discovery process.
For more than a decade, we have provided expert services in support
of many high profile litigation and compliance related matters. Our
clients include leading litigation support service providers, law firms
and corporations. With facilities in Connecticut (US) and London (UK)
we offer the following services on a global basis:
This document contains descriptions of proprietary processes and proprietary information prepared by The Oliver Group.
Duplication or disclosure of the information contained herein is prohibited without the express written permission of The Oliver Group.
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About Us
• Independently Owned
• 15+ years providing early stage ESI Discovery Services
• Key Principles and Philosophies
– FOCUS on core competencies
– Creative solutions for litigation support matters
– Sound, expert technology employed to meet LEGAL market
requirements
– Client service is paramount and flexibility and nimbleness are
critical market requirements
• Scalable and Customizable Infrastructure (tape libraries/drives,
storage, and servers) to manage multiple, simultaneous, matters
of varying size and scope
• 35+ Employees (NY, CT, NC, AL, London)
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Question during the presentation? Email: tapes101@the-olivergoup.com
TOG Core Services
• Data Acquisition & Forensics
– Globally
• Media Related Services
– Tape Restoration, Cataloging, Preservation
– Onsite & Offsite
• Data Conversion
– GroupWise experts, range of other services and conversions
• Data Processing
– First pass, efficient Culling
– De-duplication, Date Filtering, Keyword Searching
• Professional Services
– Around all adjacent services
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Question during the presentation? Email: tapes101@the-olivergoup.com
Backup Tape Case Law
• Kipperman v. Onex Corp. (N.D. Ga. May 27, 2009)
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A fraud action, disputed whether defendants were obligated to search and
produce documents from existing backup media.
Rulings related to ESI focused on cost shifting – defendants would pay for a
limited search and plaintiffs would designate tapes and keyword
Tapes were restored and searched
• Best Buy Stores, LP v. Developers Diversified Realty Corp. (D. Minn.
Feb. 1, 2007)
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A discovery dispute where defendants appealed district court order to
produce ESI from backup tapes as time and cost prohibitive
Defendants claimed that technological constraints beyond their control
rendered compliance impossible
District court upheld lower courts decision that defendants offered no proof,
other than their conclusory statements about the cost to obtain documents
Court ruled that cost statements cannot shield the defendant from discovery
– Defendants were ordered to produce documents from backup tapes
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Backup Tape Case Law cont.
•Shirk v. Fifth Third Bancorp, 2008 U.S. Dist. (S.D. Ohio Sept. 26,
2008).
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Court initially ordered restoration of specific backup tapes responsive to
the date range in question (2 years)
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During restoration process, defendant identified additional tapes made
during the date range but did not restore or produce documents from
these tapes
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Court did not excuse defendant from not producing documents from
these tapes and second order included restoration and production from
said tapes.
•Puckett v. Tandem Staffing Solutions, Inc., 2007 U.S. Dist. (N.D. Ill.
June 27, 2007).
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Defendant produced hard copies of documents that were duplicative of
data residing on backup tapes
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Court ordered defendant to restore backup tapes despite having
produced hard copies because defendant's usual course of business
was to maintain documents in their electronic format.
Question during the presentation? Email: tapes101@the-olivergoup.com
Media Services – Key Elements
•Preservation - Cataloging
•Media Format
•Backup Software
•Restoration Processes
– Email, File Server or Both
– Native and Non-Native
– Raw Data
•Typical Email Platforms
•Issues and Trends
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Media Preservation & Cataloging
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Preservation
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Tape duplication to like media
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No need for cataloging or restoration
Cataloging
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Reporting of tape contents
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Utilizes backup software reporting
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Backup software dependent
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High Level
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Media ID/Barcode; Backup Set #; Type (Full/Differential/Incremental); Backup
Date/Time; Operating system
Low Level
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For File server and NSFs, verbatim listing of folders and files
For Exchange, may have EDB names
Catalog service
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Consultation around sampling, tape contents, selective restores
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Question during the presentation? Email: tapes101@the-olivergoup.com
Media Formats
Tape
DLT/SDLT - all formats
LTO 1, 2, 3, 4
4mm and 8mm
AIT- all
DAT- all formats
9840, 9940 X,
3590 X, 3840
Others
Removable Media
IDE Hard Drive
USB VD
CDs and DVDs
Floppy- all formats
SCSI drives
Giga Stor VHS
Jaz Drives- all
Optical disks
Others
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Question during the presentation? Email: tapes101@the-olivergoup.com
Backup Software
• Standard Backup Software
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BackupExec
ArcServe
Omniback
NT Backup (.bkf files)
• Enterprise Level Backup Software
– NetBackup
– Legato
– Tivoli (TSM)
• More Complex Backup Software/Source Technologies
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CommVault
AS400
NDMP Protocol
Other mainframe systems and backup software solutions
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Question during the presentation? Email: tapes101@the-olivergoup.com
Media Restoration Process
Native Restoration (TOG standard approach)
Native restoration is a scalable methodology that replicates the
underlying technologies (backup software, operating system etc.) that
existed at the corporation (at the point of backup).
• Why Native:
– Many clients (who explore various methodologies) demand it
• Defensibility is their key driver
• Comprehensive restoration – may only need to restore once
• Traceable – chain of custody
• Tools used are those approved and utilized by client IT staff
– Cost control and risk mitigation issues
• Create full catalogs using native backup technology
• Ability to build a database of key fields without full restoration
• Dumpster items (double-deleted items) in Exchange
• Less common email formats handled natively
• Issues:
– Project initiation may take longer as environment is built out
– Some backup formats may require specific, detailed information to
perform a native restoration.
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Question during the presentation? Email: tapes101@the-olivergoup.com
Media Restoration Process
Non-Native (a secondary approach TOG employs)
Non-native restoration is a methodology that uses software that is designed
to index data or rip Exchange databases from tapes for further extraction or
processing.
• Why Non-Native:
– Can be a more efficient (fast) methodology in certain cases
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Sequencing of tapes is less critical
Initial set up time is less time consuming (not replicating the environment)
– Good approach if underlying issue is disaster recovery/operational requests
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Some clients shy away from non-native for litigation or external investigation
– Tape indexing can be a useful approach for internal assessments, initial
sampling, etc.
– Best available approach when native restoration cannot be utilized
• Issues:
– Some clients will not allow a non-native approach if a native approach can
be utilized.
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Defensibility concerns – especially for litigation or external inquiries
No requirement for sequencing can create risk of missing a tape(s)
– Reliance on third party software for traceability of approach
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Consider array of software, versions, customizations that exist, release upgrades,
etc.
– Clients have expressed concerns for tape level (rather than custodian
based) indexing and risks of over production.
Question during the presentation? Email: tapes101@the-olivergoup.com
Email Formats
• MSExchange
– EDB Restores
• Common to find multiple EDB’s per tape and tape sets
• Majority of clients require key custodian email to be
delivered as PST formatted data
• Native Microsoft tools used to extract data
– Snapshots
• Backups made offline
• Require specific information to restore
– Brick Level Backups
• Mailboxes stored outside of the Exchange database
• Require additional steps prior to extraction from the
environment
• Lotus Notes
– Backed up as flat files or using an Agent –
which drives the methodology of restoration
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Question during the presentation? Email: tapes101@the-olivergoup.com
Email Formats
• GroupWise
– Post Office
• Each custodian instance must be converted to PST
• Thorough QC to ensure that all messages have
been converted
• Clients can opt to have TOG retrieve and deliver
variance messages
• Option to date filter in GW prior to conversion to PST
– HTR/Remote/Archive
• Require GW environment build and then conversion of each
mailbox to PST
• Others:
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Gmail – Content - Attachment location
Yahoo Mail – Web Mail vs POP3
Incredimail – Attachment location
Eudora – Attachment location
Hotmail – Web Mail
Mac Mail – Cross Platform Conversions
Entourage – Cross Platform Conversions
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Question during the presentation? Email: tapes101@the-olivergoup.com
Issues and Trends
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FRCP – Continuing discussions about “inaccessible” v. “accessible”
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International requirements
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More Enterprise level backup environments (NetBackup, Tivoli, Legato)
– Distributed backups to tape
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Security of transport and storage
– Onsite preservation, etc.
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Larger capacity media formats
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Corporations have upgraded to higher capacity formats
Decreases physical off-site storage footprint
Store large datasets that are on litigation hold on tape
Effectively utilize the enterprise backup software
Multiple instances reside on each tape – Volume can be significant (up to 1.6 TB and
growing)
– Targeted restoration (one or more instances only restored) can be performed
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Encryption
– Financial & other highly scrutinized industries
– Multiple ways to encrypt
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Tape remediation challenges
– Post acquisition or result of poor historical processes – requires close consultation
– Inventory – Catalog – Remediate - Selectively Restore (sample)
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Question during the presentation? Email: tapes101@the-olivergoup.com
Summary
• Backup – Restoration: Never going away
– ATL to VTL
– VTL to ATL
– Retention Rules
– New Tape Technology
– Litigation – Compliance – Disaster
Recovery
– Backup Tape Industry Booming
– New Technologies – LTO-7/8
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Question during the presentation? Email: tapes101@the-olivergoup.com
Q&A
•Open
•Responses to questions received from tapes101@the-olivergroup.com
•Additional information:
•www.the-olivergroup.com
•860-599-9760
•info@the-olivergroup.com
Or contact your sales manager.
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Question during the presentation? Email: tapes101@the-olivergoup.com
Dean M. Felicetti
Joining The Oliver Group as a Partner in 2001, Dean Felicetti further extended the company's
electronic discovery expertise. With more than a decade of electronic discovery technology and
business development experience, Dean has been integral in establishing The Oliver Group as a
global market leader.
Dean held various technology and management positions early in his career before joining Ibis
Consulting a start-up electronic discovery firm in 1996. As Chief Technology Officer at Ibis, Dean
was responsible for all aspects of the technology build out and process development for what
became an industry best, proprietary, electronic data discovery processing service bureau while
setting company direction as a member of the executive management team.
Since joining The Oliver Group, Dean has applied an in-depth understanding of defensible
processes and technologies to help TOG and our clients. With a primary focus on client
relationships, Dean has consulted on hundreds of matters resulting in client success through best
practice approaches. Dean has been instrumental in the growth of The Oliver Group's strategic
alliance program, and continues to develop new business opportunities and client relationships. A
member of the senior management team, Dean is also a licensed private investigator.
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Corporate Headquarters
595 Greenhaven Road
Pawcatuck, CT 06379 US
European Office
London, United Kingdom
P: 860.599.9760 I F: 860.599.9768
info@the-olivergroup.com I www.the-olivergroup.com