Compilation of Opt1mum One Managed Services Blogs

Transcription

1 Built by the clients, for the clients 2013 Compilation of Opt1mum One Managed Services Blogs This white paper discusses: Gaining 10 Experts for the Price of 2 Achieving ROI Enhancing Client Service and Communication 24/7 Data Management Support Mitigating Risks Why Managed Services is a Smart Business Decision Leveraging People, Process and Technologys

2 in this paper Introduction...3 Managed Services Provides the Power of Ten Experts for the Price of Two...3 Managed Services Experts Add Knowledge With Amazing Value...3 Managed Services Augment Existing Processes to Increase ROI...4 A Catalyst to Communication: How Managed Services Helps Providers and Clients Engage, Clarify and Close...4 A Catalyst to Communication: How Managed Services Helps Providers and Clients Review and Renew...5 Managed Services Provide 24/7 Human Watch Monitoring...6 Why is Managed Services Optimally for Your Corporation, Firm or Agency?...7 Managed Services Helps Corporations Mitigate Sanction Risks Related to Litigation Holds...7 Customer Service Should Never be a Commodity...8 Law Firms are Finding that E-Discovery as Managed Services is Smart Business...9 One Point of Contact Provides Access to Advanced People, Processes and Technologies...9 Out of the Mouth of Babes It is Just Two Buttons...10 About the Authors...11 About etera Consulting...12

3 Introduction In order to help corporate legal departments and law firms understand the benefits and program components of managed ediscovery and litigation support services, we have compiled some of the most popular etera blog posts on the topic of Managed Services to write this white paper. The topics discussed in this white paper address many of the day-to-day issues that corporate legal departments and law firms can overcome by implementing a Managed Services program to achieve the goals of cost control, efficiencies, risk reduction and data security. The attractiveness of Managed Services is having the ability to leverage leading technologies without any capital investments and enhancing inhouse capabilities without enormous operational costs. Managed Services Provides the Power of Ten Experts for the Price of Two For many of our clients, the management and review of terabytes of data can be daunting, especially now with decreased personnel and increased data that is reaching petabytes. For many years, information technology specialists provided more technology support solutions with less staff. While having to provide support in the areas of help desk, network support and security management, their internal staff decreased exponentially. The answer for information technology has been the use of managed services the purchasing of multiple contracted experts under an annual support agreement. So how does this help you? Until now, no such services have existed in the arena of data management, risk assessment, compliance review and electronic discovery. Can you imagine being able to augment your staff with ten additional experts on an as-needed basis? This is exactly what a managed services contract can do for your corporation, firm or government agency. You are probably wondering how you can afford a managed services contract on your limited budget. Imagine this - get those ten experts for the price of two full-time employees. By leveraging the needs of multiple clients, companies that offer managed services can provide significant discounts while providing extreme value. So how does managed services fit into the discussion of Early Information Assessment (EIA)? Managed services encompasses the three important areas on any project: people, process and technology. The EIA methodology is one aspect of those components the process. Managed services utilizes the advanced methodology to determine and implement best practices. By providing a wrapped services solution, managed services can also incorporate specialists in all areas the people. And finally, by providing a set amount of hours per month (or per quarter), this solution also provides proactive hardware/software support, automated monitoring, index and remediation metrics, and specialized search scripting and programming for data indexing and management products, including but not limited to StoredIQ, Kazeon, Clearwell, Catalyst and Relativity -- the technology. By applying a proven methodology to a new arena, managed services can inspire innovative thinking to a very complex, daunting task. Managed Services Experts Add Knowledge With Amazing Value Highly specialized people may be required to work on data management projects, especially ones associated to legal, risk, compliance or human resource issues. However, because these projects do not occur every day, companies may not feel comfortable having highly compensated people on-staff at all times. This is where a managed services model plays an important role. By contracting companies that specialize in data management managed services, companies are able to have access to a larger number of experts than they could afford to maintain on-staff. While not an all-inclusive list, the following list is an example of some of those experts: Legal/compliance/risk/human resource experts (a.k.a., practice support experts) provide concentrated knowledge in the specific business knowledge area Search experts provide extensive experience in analyzing datasets, creating data samples, and searching within data Forensic and corporate analysis experts analyze and collect the data in a defensible manner, Copyright January 2014 etera Consulting 3

4 meeting both internal and external requirements (e.g., courts, government regulatory agencies, shareholders, internal auditors, etc.) Data management technologists provide a 360 point of reference, augmenting technology knowhow with practice support knowledge ESI specialists analyze, manipulate, convert, and host data the data wranglers of data management ECM experts specialize in the formalized means of organizing and storing an organization s content as it relates to specific organizational processes Security experts provide data security assurance. Using a managed services model, companies can gain access to ten or more experts on an as-needed basis, who are completely familiar and comfortable already on the managed technology and/or process, for about the annual salaries of two full-time employees (FTEs). Managed Services Augment Existing Processes to Increase ROI Have you made a purchase on a data management tool only to find out that the software provider did not really provide the best practices processes? After purchasing the software, did you realize that the help desk support focused on software functionality, rather than how it related to data management practices? Managed services provided through a data management company augment your existing processes, while focusing specifically on your data management needs. As an example, a senior client consultant, with expertise in search specialization, works with your internal information technology, compliance, risk, human resources or legal professional to help craft a very specific search to identify documents that relate to a current issue or matter. A search specialist would spend time with you discussing what it was you were trying to achieve and provide solutions, based on proven methodologies and known search techniques, to get you the real answer. The search specialist would begin by analyzing some of the existing data, using transparent search to pull keywords and concepts from the data, analyze clustering and categorization to determine specific patterns, and then provide new searches and/or previously proven searches to pull the information to the surface. In contrast, the help desk specialist at the software company may only provide you with the functionality of the search. For example, how to combine phrases that you provide using Boolean logic [(A or B) AND (C or D) NOT (E or F)]. While helpful in learning the software, this solution does not provide a true return on investment. Managed services provide a return on investment by augmenting existing processes with advanced processes, procedures and protocols. These services use proven, best practices processes to enhance the capabilities of the out-of-the-box solution. A Catalyst to Communication: How Managed Services Helps Providers and Clients Engage, Clarify and Close In part 1 of 3 of this series, I talked about intersecting points-of-view so that individuals could invent new ideas to eliminate pain, resolve fear or obtain a gain. Through investment of all parties in a communication, the solution to the client s project can be much closer than expected. In this week s part 2 of 3 of this series, I will talk about how individuals can act on these communications to begin to implement the solutions to their goals. In Mickey Connolly s and Richard Rianoshek s book, The Communication Catalyst, there is a great quote at the beginning of the chapter on the ACT phase: Even the best cooking pot will not produce food. While smart ideas and smart people do make for excellent ideas and concepts, clients and providers must be aligned on the implementation of those solutions as well. When implementing a managed services solution, the following three things must be considered: Engage, Clarify and Close. Engage In building a data management/information governance managed services model, we wanted to make sure that the team was diversified enough to be able to act in multiple situations. We understood that you had to connect the doers to the deed and have enough diversity to make a difference. I remember sitting at a corporate conference table and getting one of the best compliments: Wow the last company that was in here was much larger than you but their team was made up with people of the same experience and ideas. 4 Copyright January 2014 etera Consulting

5 With the five of you sitting at the table, I am able to act quickly because I know your diverse experiences provide balance (paraphrased). Engagement requires agency the ability of a client to have free choice in making a decision. While we have been hurt many times by this, we believe that being transparent upfront about costs, risks and events bonds us greater to a client, even if we lose some of the engagements, but by being honest, we allow our clients to rise to the challenges. One of the best events that ever happened for us was a time when a colleague and I argued our differing points in front of the client; at that moment, the client knew that we were engaged and not afraid to express differences to get them the best solution. Though we have hired some of the brightest minds in our industry, we also want to make sure that they understand that the client must be heard and that we must understand their view. Everyone comes with different experiences and knowledge and a combined effort is always greater than its parts; thus, the client s experts and the provider s experts both need to make contributions to the solution. Additionally, the provider must understand what is important to the client, because in the end, the client s goals are what matter. We understand that our mission is to inspire innovation, while ensuring that time, money and risk concerns are accounted for in the client s mind. So what else do we, as providers, need to do? I believe that every experience should be an experience of insight and possibility for the client. While we may be discussing a specific problem or challenge, our goal should always be to educate the client with our best practices; conversely, we should also take the moment to be educated by our clients. Finally, when engaging with our clients, we need to remember to appreciate their needs, risks and concerns to ensure a proper implementation. Clarify When thinking about the implementation of a managed services agreement, we need to constantly pay strict attention to the preciseness of our communications to ensure that expectations are set and met effectively. When engagement can be fun, the engagement must constantly revisit the conversations to ensure that the expectations are not based on assumptions, presumptions or invalid expectations. One of our business consultants always says Measure twice. Cut once., especially when handling client expectations. I think this simple, but concise, statement makes us each remember that we need to clarify outcomes often. Close So now that we have listened and engaged properly and ensured that the expectations are understood, how do we close on the job and get it done? In the book, it talks about the words, I promise. These are strong words and essential to any action that is going to be taken. If a Response to a Request for Proposal, an SOW or just a verbal agreement is stated, these words are inherent to that agreement. In our agreements, we try to state what we promise to do and what we promise not to do. I believe that the action of the promise, both directions, ensures that a client s desires are met, even if it is not exactly the original desires to which they came to the conversation. Let the Games Begin! OK, so now the implementation is in progress and everything is going perfectly right? Unfortunately, even with the best of intentions and planning, there will be surprising opportunities, unsettling disappointments and changes in circumstances. In the final part of this series, I will talk about adjusting to change through a project and why having the right people on the team can make all the difference and why managed services models allow for the greatest flexibility to change. A Catalyst to Communication: How Managed Services Helps Providers and Clients Review and Renew In part 2 of 3 of this series, I talked about intersecting points-of-view so that individuals could invent new ideas to eliminate pain, resolve fear or obtain a gain (see A Catalyst to Communication: How Managed Services Helps Providers and Clients Engage, Clarify and Close). In this week s final part of this series, I will talk about how the relationship between provider and client is ongoing and how each party must constantly review cir- Copyright January 2014 etera Consulting 5

6 cumstances, adjust to new variables and work to keep the relationship fresh. In Mickey Connolly s and Richard Rianoshek s book, The Communication Catalyst, Albert Einstein is quoted as saying We cannot solve our problems with the same thinking we used when we created them. It is important to remember that change, while sometimes difficult, is constant and we must adapt to those everchanging events. Review and Adjust As stated in my previous blog, even with the best of intentions and planning, there will be surprising opportunities, unsettling disappointments and changes in circumstances. This is why it is important to have the right people on the team to make a difference and why managed services models allow for the greatest flexibility to change. The biggest component of review and adjustment is the ability to translate experience into improvement. Because a managed services model was designed to align the parties together with a common goal, the teams are able to act accordingly and most importantly, constantly adjust to changing conditions. Someone once told me that they would want to have me in their house during a fire because I don t overreact and look at things logically. While that is a simple way to look at it, I have always looked at every situation as a series of variables that must be addressed, adjusted and manipulated to get the best results from any situation. I believe the same is true for projects people panic as the variables change because they believe that their developed plan is not going as expected, but really projects are constantly changing and the developed plan is just a foundation by which different components are laid. With a managed services model, the beauty is that the managed services team is made up of multiple and diverse experts with different experiences who have always had to adjust to change. As in the book, I believe that the following are the keys to unleashing improvement in any project: Purpose Facts Appreciation Contribution As change occurs, revisit the purpose of the project and clarify for the team what is at stake. If the facts of that purpose were defined, they can act as a reliable antidote to the fear of change. Through a connected past, present and future, provided by the long-term managed services solution, the team also has an appreciation for each others skills and can leverage that appreciation to tackle any change. Finally, remember to create contribution opportunities for each member of the team; this ensures that a well-rounded solution is developed. Well, this ends the series as it relates to The Communication Catalyst. In reading this series, I hope that you have found it useful in understanding how managed services can help facilitate communication through alignment of purpose, allow you to act quickly to resolve ongoing challenges and present innovative new solutions, and adjust to ever-changing variables that affect even the best laid plans. Managed Services Provide 24/7 Human Watch Monitoring Wouldn t it be nice if your information technology group or your technology liaison within a business unit did not have to worry about the new data management technology all of the time? What if they could focus their energies on higher value initiatives and leave the technology updates, search string creations and rulesbased initiatives to someone else? Managed services provide this monitoring to companies, providing an instant return on investment because it allows internal professionals to focus on the business needs of the company. Through active human watch monitoring, technologies such as Clearwell, StoredIQ, Kazeon, Autonomy, and many others, can be reviewed on a 24/7 basis to ensure that they have the most upto-date patches, have the latest best practices search criteria and have rules that are functioning properly. Additionally, this monitoring can also review archive protocols. By ensuring that data is moved, deleted or otherwise remediated, managed services maximize the investment of these data management and indexing tools. According to a 2009 Gartner Group report, the average cost of a gigabyte of data processed through 6 Copyright January 2014 etera Consulting

7 an electronic discovery process is $18,000. Through proper retention monitoring, imagine if managed services could eliminate only a 100 GBs a year from this process this would be a savings of $1.8 million dollars. Processes successfully implemented on ONE project with a pharmaceutical company showed an estimated savings based on data sampling, proper search elimination and enhanced data review was over $2.4 million. With managed services in place, companies could apply those proven processes to ALL of their data management projects. Imagine what the ROI on that would be! Why is Managed Services Optimally for Your Corporation, Firm or Agency? Lisa Hart, the CEO of Acritas, showed the statistics below (see bulleted list) at a recent presentation during the Georgetown University Law Center s Center for the Study of the Legal Profession conference. Acritas surveyed hundreds of in-house counsel, asked them to rank these characteristics and provided some insight into what corporations look for. While her study was related to what corporations legal departments look for in their outside counsel, I think her statistics show a human trend that transcends just that microcosm. Her study found that the individuals within those departments wanted outside counsel to: Understand their business (14%); Understand their needs (12%); Demonstrate expertise (10%); Know their industry (8%); and finally, Have a good chemistry and rapport (5%) In looking at this study, I realized that this goes directly to why managed services solutions are optimal for corporations, law firms, and government agencies. With the right managed services solutions, a company gets a dedicated team of professionals that work side-by-side with them throughout the year and really get a good understanding of what the overall business objectives are. Then, using expertise and experience, data analysts, legal experts and technology experts can provide ongoing solutions that make a difference. With managed services solutions (one example is Opt1mum One managed services), a corporation gets 10 experts for the price of 2 or less, gets diverse experience and expertise and also gains a trusted group of advisors that can not only help on the day-to-day issues but can be there during the worst of times, providing additional support to solve the tough issues. At the end of the day, the managed services group understands their corporations business, is specifically targeted to understand and fulfill their needs, immediately demonstrates a large breadth of expertise, knows the industry well and hopefully becomes a integral team member with the corporate experts. Managed Services Helps Corporations Mitigate Sanction Risks Related to Litigation Holds This week, an article came across my desk that talked about the challenges associated with litigation holds. It amazes me that this issue existed almost 20 years ago when I was first working as a database analyst in a New York litigation firm, I was tasked with putting together a database for a client of the law firm, a large multi-national aerospace corporation, to identify, track and enforce litigation holds. At that time, the changes were that the litigation holds were not drafted properly; there was no tracking of delivery of those letters; and there was no clear notification of data retention processes. The article entitled The Importance of the Internal Litigation Hold Letters and written by Phyllis Lile- King speaks directly to the same concerns about the use of the internal litigation hold letter and how even today, corporations are facing the exact same challenges that our client was handling back then. It struck me that this is a perfect example of where true managed services methodologies can be employed to help corporations match extreme expertise with a very specific problem that they are facing. A tailored managed services contract could provide experts, such as the following: Legal counsel, using a service providers electronic discovery counsel with whom they partner and/or the corporations trusted counsel; An forensic analysis and acquisition expert; A practice support and litigation support analyst; Copyright January 2014 etera Consulting 7

8 A records management and preservation expert; and A multitude of ESI specialists, technicians and document analysts. A tailored managed services contract could provide methodologies, such as the following: Litigation hold best legal practices; Early Information Assessment, which would include an understanding of how or where data resided and could be retrieved; Advanced data indexing, collection and preservation/destruction methodologies to help enforce the preservation rules and provide ongoing documentation of such practices; and Records management reviews for better tracking throughout the process. A tailored managed services contract could provide technologies, such as the following: Data indexing software that is capable of identifying, preserving, collecting and recording relevant data; Similar software that would also ensure the destruction of currently non-held data for better retention policies and clean-up; Enterprise collection tools that enable the secure, forensically-sound acquisition of desktops, network locations and ; and Specific litigation hold software for monitoring the entire process. According to the article, in In re Prudential Ins. Co. of Am. Sales Practices Litig., F.R.D. 598 (D.N.J. 1997), the court found that the corporation had not implemented and enforced a clear and unequivocal document preservation policy. Additionally, more recent rulings, such as those found in the Zubulake rulings, have stated that the corporation has a duty to preserve electronic evidence and a duty to monitor compliance with electronic data preservation and production. These rulings speak directly to the need for the better management of data, as it relates to litigation holds. The bottom line Managed services equals better protection on litigation hold policies through the innovative, proven, and multi-disciplinary combination of people, methodologies, and technology Customer Service Should Never be a Commodity As those of you that have been following my blog entries know, the entries usually focus on managed services solutions and their inherent positives. But, today, as I was listening to another webinar about managed services, data management and the solutions offered around it, it reminded me that many people have forgotten what should be at the core of all of these offerings customer service. In Chip Conley s, Peak, it talks about the three levels of a customer pyramid: 1) Meets Expectations, 2) Meets Desires, and 3) Meets Unrecognized Needs. We should always be striving to meet the desires and unrecognized needs of the customer, while ensuring that we meet their expectations. But, if we only meet clients expectations, then we have only strived to be good enough. In Be Our Guest by the Disney Institute, it talks about the fact that Disney s number 1 rule is to treat your customers as you would a guest in your own home. I think about all of the times that I have had friends visit my house for the first time you go above your normal cleaning routine, put out the nicest linens and even add those special touches to the guest room for overnight guests or prepare special meals to enhance their experience. When providing service to clients, both new and existing, we should treat them every time as if they are visiting for the first time. And, in the data management arena, especially in the segment of electronic discovery, you always hear how the services are becoming commodities. For many years, I was the client of electronic discovery and data management providers, as the Chief Technology Officer of a nationally practicing law firm, and it always frustrated me that data specialists thought first about the data and then about my business needs. While technology and advances in data management processes have certainly made the moving data more of a commodity, I think it misses the point that customer service is never a commodity and that, in the end, this is what really differentiates providers. One of the first things that we did when I joined etera as their Vice President of Electronic Discovery is change the name of the Operations group to the Client De- 8 Copyright January 2014 etera Consulting

9 livery System. I firmly believed that the senior client consultants, project managers, forensic analysts, ESI specialists and other client providers needed to remember that they do not serve the data operations but rather the delivery to the client. Our mission is to inspire innovation in our employees and clients to gain insight and control into information assets. We specifically did not say that we innovate because we believe it is our mission to help the customer be inspired to get where they need to be. I hope that people, especially providers, remember that customer service is never a commodity but instead a priority. Law Firms are Finding that E-Discovery as Managed Services is Smart Business Let s face it. All companies regardless of size, industry, or age, continue to face the increasing risk and burden of electronic data management. This challenge exists in the areas of: security hardware and software maintenance capital expenditures - investment in technology for competitive advantage oh, and let s not forget, people management. I mean, first, you have to buy the right hardware and software, and then hire experts for all your applications, right? Wrong! You have to HAVE the right software and experts, but you don t need to make the capital investment or direct hire. As an owner of etera, a company that has successfully transitioned from paper document to electronic data solutions over the past seven years, I have learned a valuable lesson -- Keep overhead low by acquiring the right technology and experts through a Managed Services model. It makes for smart business. As a data management company with a SAS 70 Type 2 security certification, etera manages large amounts of technology and data. But we also have to work within a budget. My CTO brought a concept to the table, Managed Services. Our provider, mindshift now provides us with DOD certified co-location facilities, and experts for all of our HW/SW for one low monthly price. When we need services or help above and beyond the monthly limits, we pay discounted prices. I can t afford to hire IT specialists for each individual application, but I can pay the price for one expert, and get access to 10 when I need them. etera has taken the Managed Services concept and offered it to our legal department clients who need e- discovery assistance. We call it Opt1mum One. Think about it, according to Litigation Support Today s May/ July 2011 Second Annual Salary Survey, the national average salary for a litigation support manager is $70, % of the respondents either had no minimum billable requirements or were not required to bill. Ouch to overhead! Add to that accounting tape the cost of a five seat litigation support software which can run anywhere from $10,000 to over $100,000 annually. And then add on the costs of the hardware technology and maintenance to support the software. All of this equals overhead which can easily top $125,000 annually when adding up the personnel, software and hardware costs. That is why my own company went with a Managed Services model. Opt1mum One works the same way. Pay a low/fixed monthly cost for litigation support personnel, data processing, consulting, data hosting, which costs significantly less than paying for all the components yourself, and get 10 experts for the price of one. This allows you to keep overhead low while getting access to the best technology and people. That s what makes a Managed Services model smart business! One Point of Contact Provides Access to Advanced People, Processes and Technologies With the complexity of technology, the rigorous requirements of data management and the continued specialization of today s information technology professionals, it is getting harder and harder to know who to call within your company to get the help that you need. Then, to add to your frustration, you may also need to know who to contact outside of your company for specific, specialized knowledge. Copyright January 2014 etera Consulting 9

10 Now imagine a call that goes something like this: Good morning. I have been tasked to put together a detailed records management and electronic discovery plan, implement an enforcement policy, and ensure that everyone gets the information that they need quickly and efficiently. Can you help? Yes. Since you have a managed services contract, I will immediately put you in contact with the right expert, specialist or consultant for each of those phases. Let me pull the multi-disciplinary team together now on a conference call. Managed services provide companies with the ability to have highly-specialized experts, with a diverse set of experiences and expertise, at their fingertips. Instead of having to contend with a daily onslaught of phone calls and distractions, you and your staff can rely on a single point of contact to manage all of your records management, data management and electronic discovery needs. Even better you have access to that contact 24x7x365 without the added pressure of training, recruiting and managing an expanded information technology, risk, compliance or legal staff. With the right managed services company, their processes will adhere to a rigorous quality standard to not only ensure your satisfaction but also provide assurances that you are meeting best practices standards, compared to other competitors and industries. These assurances will help streamline your systems and decrease the amount of different headaches that come from ever-changing data management requirements. With one phone call, you can: Spend less time resolving issues thus boosting internal productivity, Enjoy enhanced budget management with predictable monthly costs, Help you ensure that all your activities meet regulatory and compliance standards, Add features, functionality and processes quickly and easily (no recruiting or hiring needed), Avoid needless capital expenditures, and Improve overall user satisfaction. For years, managed services have enhanced the ability of information technology specialists to provide extremely reliable technology. Isn t it about time that those types of services help you provide reliable processes and procedures around the information that is stored on that technology? Out of the Mouth of Babes It is Just Two Buttons As a seasoned project manager and information technology director, I have faced many challenges in my 18+ years as a legal professional. For the last 5 years, though, I have faced an even greater challenge being a dad. As I think about items to write for the blog each week, I am always looking for new inspiration and last week, my 5-year-old son provided the perfect one. He plays with my iphone and ipad regularly (most games, of course, and lots of texting to mommy), but in his playing, he figured out that if you pushed two buttons simultaneously, he could take a screen shot of anything that was on screen. Since I had not yet figured that out, I asked him how he had done it. Simply put, he said Well, dad, it is just two buttons so how hard is it. You just push things until you figure out what they do. This made me realize that sometimes, in the electronic discovery arena, we make things more difficult than they need to be. With the advent of predictive coding being the new buzzword (we have been doing this for years, just in different ways) and new features being added to every tool to make it the all-in-one solution, I thought we should stop a second and think about this. We have a large amount of data and we need to make it a much smaller amount of data. The short answer, no matter what type of data, is the right people, using the right processes and technology, to create the innovative solutions to meet the three pillars of project management: time, cost and quality. These mantras of simplicity help keep me grounded: A team of people with diverse backgrounds is better than a single person or a group with similar backgrounds. The process must follow the KISS rule: keep it simple stupid. Sometimes the right tool is more important than the all-in-one tool, so options are good. No one should assume that the way that they did it yesterday is the way to do it tomorrow so always innovate. 10 Copyright January 2014 etera Consulting

11 When looking at how to handle that immense amount of data, remember that the goal is really the end result less data. Through managed services, structured processes and good reporting, projects can go very successfully without tons of bells and whistles. To quote my son it is just two buttons. Over 95% of our clients are repeat customers because we remember these two buttons: quality and customer service. About the Authors Todd Haley, Vice President of Business Intelligence, etera Consulting With over 16 years of information technology and litigation support experience, Todd Haley brings a different perspective to the litigation support arena, applying the managed services, information governance and workflow protocols of the information technology arena to litigation support. He specializes in complex electronic discovery, information governance and data technology, including matters throughout the EDRM model. As etera Consulting s Vice President of Business Intelligence, he regularly consults clients on how to plan a defensible electronic discovery and data retention strategies. He is also an adjunct professor at Georgetown University in their Paralegal Studies Program. Previously, Todd was the Chief Technology Officer at a national litigation law firm specializing in products liability, toxic tort and insurance litigation. He was the primary architect in the development of their information technology and litigation support strategies and departments. As Chief Technology Officer, he consulted with clients and co-counsel on litigation hold strategies, record retention and regulatory technology issues, workflow process, employee compliance, document designation best practices and defensible approaches to overall litigation matters. He managed large document discovery projects, which included 70+ contract attorney teams plus multiple web-based document review systems, including Introspect, iconect, Cataphora, Catalyst and Ringtail, for large document discovery projects, including joint defense litigation, while providing tight integration with internal systems. Todd also designed, developed and implemented one of the firstever, in-house, web-based document review system using a proprietary integrated system of Interwoven, Concordance, IPRO, LiveNote, iconect and other litigation support web-based tools. Todd participated in the forensic recovery of data from both active and archive media, ensuring that a proper chain-of-custody and defensible methods of retrieval were used to obtain maximum results. A frequent author and speaker on e-discovery,litigation support and information technology, Todd has written on diverse topics, such as the implementation of enterprise-class case management systems and the proper processes and protocols necessary to implement successful electronic discovery strategies. He has delivered speeches on electronic discovery and information technology at the DC Bar Association, the International Legal Technology Association, Estrin LegalED Seminars, Glasser LegalWorks conferences, various litigation support group forums and private conferences to lawyers and legal staff. Todd has also educated lawyers and litigation support personnel in complex case management and litigation process management. He meets regularly with vendors and technology developers to help facilitate implementations and products that will meet the discovery requirements of his clients. Scott Holec, President, etera Consulting Scott Holec is the Founder and President of etera Consulting, a nationally recognized ediscovery provider and litigation consulting firm specializing in global data management. Since launching etera Consulting in 2004, Mr. Holec has led the growth of the company in key lines of business including consulting, collections, processing and hosting. In addition, Mr. Holec has provided the strategy roadmap necessary to grow a stable base of corporate and law firm clients and expand geographically in the U.S. and abroad. Under his leadership, etera Consulting has received national recognition by the National Law Journal, named to the Inc. 500 list, recognized by Helios HR for employee development, and nominated for the National Capitol Business Ethics Awards. In his role as president, Mr. Holec is responsible for the company vision, adapting to industry changes and business plan execution. His business philosophy is client focused and his engagements with clients help etera to develop services and solutions that have been suggested and requested by clients. He regularly consults with clients to assist them in developing effective business and budget models to control the high costs of Copyright January 2014 etera Consulting 11

12 managing data and electronic discovery while achieving ROI. Mr. Holec works closely with attorneys, litigation support professionals, paralegals and IT staff to achieve budget predictability and better decision making abilities based on data analytics and reporting. He is responsible for the development and enhancements of etera s 1ntell1gent One solution. Intell1gent One is business intelligence reporting tools designed by clients, for clients to help them better interpret data earlier in the EDRM process that has led to significant cost savings during discovery. Prior to founding etera Consulting, Mr. Holec served as National Digital Manager for an international legal document services company for several years. In this role, Mr. Holec was responsible for the successful implementation of services and support of EDD projects to over 50 offices throughout the U.S. Mr. Holec was also responsible for hiring, training and managing a national sales force. In addition, he continually evaluated new technology to stay competitive while being able to better serve clients. About etera Consulting etera Consulting ( is a nationally recognized company providing innovative global solutions to help Fortune 1000 and Am Law 100 clients overcome the costs and budget hardship of managing large volumes of data, electronic discovery, content searching and operational challenges. As a technology independent international consultancy, etera offers four key services encompassing Early Information Assessment, Forens1cs One (sm), 1ntelligent One and Opt1mum One. These solutions help clients to proactively identify and interpret key data early in the life cycle allowing for significant data reduction, enhanced decision-making abilities, compliance, and lower risk resulting in significant downstream savings on processing and document review costs. etera Consulting provides clients with the subject and management expertise, technical roadmap, resources, and data analysis tools needed to defend against litigation, government investigations and regulatory oversight. etera s diverse team of data management, technology and ediscovery experts have managed the most complex cases of our times for corporations, law firms and government agencies. Headquartered in Washington, DC, etera Consulting has served the legal vertical since Copyright January 2014 etera Consulting