WHAT MATTERS MOST TO CORPORATE COUNSEL IN E-DISCOVERY MANAGEMENT. Presenting the results from BDO s inaugural Inside E-Discovery Survey

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1 WHAT MATTERS MOST TO CORPORATE COUNSEL IN E-DISCOVERY MANAGEMENT Presenting the results from BDO s inaugural Inside E-Discovery Survey 1

2 ACEDS Membership Benefits Training, Resources and Networking for the E-Discovery Community! Exclusive News and Analysis! Weekly Web Seminars! Podcasts! On-Demand Training! Networking! Resources! Jobs Board & Career Center! bits + bytes Newsletter! CEDS Certification! And Much More! ACEDS provides an excellent, much needed forum to train, network and stay current on critical information. Kimarie Stratos, General Counsel, Memorial Health Systems, Ft. Lauderdale Join Today! aceds.org/join or Call ACEDS Member Services

3 Presenters Stephanie L. Giammarco, CPA/CITP, CFE, CEDS BDO Consulting Partner Steve Buddell BDO Senior Manager Direct: Direct: +44 (0) Stephanie L. Giammarco leads BDO s Forensic Technology Services practice with more than 20 years of experience and a background in accounting, information technology and criminology. Having worked on some of the largest financial frauds to date, she has led teams creating databases of millions of records, performed advanced data analytics and provided testimony pertaining to damages and electronically stored information. Ms. Giammarco provides litigation and consulting services to organizations and their counsel, including data analytics, computer forensics and e-discovery services related to domestic and international matters involving product liability, financial statement fraud, class action lawsuits, internal investigations, securities fraud, employee and vendor schemes, and breach of contract. She is skilled in the collection, preservation and analysis of electronic evidence, as well as the implementation of various e-discovery tools. She has been deposed as a Rule 30(b)6 e-discovery witness and testified before the Judicial Arbitration Services on the calculation of damages in contract disputes. Ms. Giammarco has published and presented on a range of computer forensics and e-discovery topics, including before the Securities and Exchange Commission, Security Industry Authority and National Futures Association. Steve Buddell is a Senior Manager in the Forensic Technology and E- Discovery practice of BDO in London. Mr. Buddell draws upon 18 years of experience in the delivery of forensic information technology (IT) services and solutions to support criminal and civil investigations in the public and private sectors. He has focused on engagements requiring solutions to deal with vast volumes of data and hardcopy material in respect of litigation affecting multinational organizations. Mr. Buddell has built, worked with and managed multi-skilled teams in Europe, Asia and South America to provide forensic technology and e-discovery solutions to comply with local and international legal requirements and applicable to the subsequent movement of data between jurisdictions. In October 2009, he was awarded the F3 award for Outstanding Contribution to Forensic Computing in recognition for his activities in seeking to bring together IT professionals from all areas of the public and private sectors, in order to share and discuss prevailing and anticipated tools and techniques used to secure, process, analyze and produce data for review. 3

4 Survey Background The methodology behind the survey 4

5 About BDO s Inside E-Discovery Survey Conducted by BTI Consulting Group Surveyed 100 Senior In-House Counsel Asked About the State of E-Discovery Detailed Report Available 5

6 Key Findings An inside look at the state of e-discovery 6

7 Key Findings 6.5 Corporate counsel give internal and external resources a grade of 6.5 out of 10 for overall effectiveness E-discovery effectiveness leaves room for improvement. 7

8 Key Findings Understanding Universe of Potentially Responsive Evidence Early in the Case 48.4% Predicting Total Cost of E-Discovery Early in the Case 15.6% Reducing E-Discovery Review Fees Ability to Utilize Previously Collected and Processed Data for Other Matters 14.1% 12.5% Importance of E-Discovery Management Factors Percent of Companies Ranking Factor Most Important Reducing E-Discovery Processing Fees 9.4% 8

9 Key Findings New Guidelines and Policies 31.4% Adopted Tools and Technologies 25.5% Hired Outside Vendor 15.7% Analysis of Current Systems 11.8% Changes in Managing E-Discovery Percent of Respondents Added In-house Resources 11.8% Cloud-based Storage 3.8% 9

10 Key Findings Managing Mobile and Social Networking Data 22.5% Cost Control 17.5% New Regulations 15.0% Automating Processes 12.5% Future E-Discovery Issues Percent of Respondents Developing In-house Capabilities 10.0% Cloud-based Data Storage 10.0% Note: Chart does not add up to 100%. Responses smaller than 10% excluded. 10

11 Key Findings Organization s Willingness to Adopt New Tools and Technologies Percent Ranking Company Classification Early Adopter 5.4% Mainstream 39.2% Late Adopter 55.4% 11

12 Key Findings $16M $12M $10.7M Average Annual Litigation and E-Discovery Spending Millions of Dollars $8M 1.2m 10.7m = 11% $4M $1.2M $0M Litigation E-Discovery 12

13 Key Findings E-Discovery Spending Expectations Percent Total of Company Expectation Increase 43.2% Decrease 6.2% Stay the Same 50.6% 13

14 Key Findings Importance of Factors When Hiring E-Discovery Providers Percent of Respondents Ranking Factor Most Important Percent of Respondents Ranking Factor First or Second in Importance 100% Quality 47.6% 50% 68.3% 58.7% Total Cost 23.8% 0% Quality Cost Corporate counsel look for quality at the right cost. 14

15 Key Findings Time Spent Managing E-Discovery, Per Person 40 Hours per Week 50.0 High Average Median Low th Percentile th Percentile 2.0 Time Spent Managing E-Discovery, per Person 15

16 Key Findings More Than Half of Companies Designate a Single Individual to Be Accountable for E-Discovery 54.3% of companies designate a single individual 16

17 Key Findings Geographic Location of Operations and E-Discovery Issues Percent of Respondents 100% 100% Operations E-Discovery Issues 75% 50% 44.3% 25% 0% 31.4% 32.9% 32.9% 7.1% 14.3% 27.1% 24.3% 10.0% 11.4% 17.1% 17.1% 5.7% 11.4% 17

18 Key Findings Top Challenge for Companies Managing Cross-Border E-Discovery Percent Ranking Greatest Challenges Data Privacy and Security Laws Access 11.1% 66.7% Communication Barriers 11.1% Coordination 11.1% 18

19 Global Considerations Perspectives on cross-border e-discovery 19

20 Global Considerations Perspectives on cross-border e-discovery u The 1995 EU Data Protection Directive US Personal Data differs from EU Personal Data. US Processing differs from EU Processing. u The European Convention on Human Rights 1950 (EHCR) Article 8: Right to respect for private and family life. u The Hague Convention Article 23: Prevents discovery of any information sought in relation to foreign proceedings. 20

21 Global Considerations Perspectives on cross-border e-discovery u Navigating data privacy, secrecy legislation and blocking statues affecting cross-border investigations. u Catch 22 - the use of Blocking Statutes: Swiss Banking Act Article 47 Swiss Penal Code Article 271 French Penal Law No u Obtaining consent from the custodian. 21

22 Global Considerations Perspectives on cross-border e-discovery u Where is the data and what is needed? Understanding the IT infrastructure. Securing the data. u E-Discovery in a box. Deployment of mobile e-discovery processing capability. 22

23 Global Considerations Perspectives on cross-border e-discovery One engagement. Many countries. Many languages. Many cultures. 23

24 Looking Ahead Changes on the horizon 24

25 Q & A 25

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