E Discovery Management continues to be a focal point for both large and small organizations alike. Many organizations have decided to internalize

Transcription

1 E Discovery Management continues to be a focal point for both large and small organizations alike. Many organizations have decided to internalize some of the processes around this aspect of discovery by investing in new technology while others have solidified managed services agreements with outside ediscovery specialists and then there are those who have instituted some sort of hybrid of both approaches. Regardless of which of these methods corporations are electing to implement, few are spending the time and resources to invest in additional personnel to manage ediscovery. As a result, paralegals are now relied upon to help develop, implement and manage ediscovery related technologies, processes and review approaches leveraged by outside counsel. Inventus will moderate a panel of both in house and outside counsel paralegals who discuss how ediscovery management has become a part of their daily role within their respective organizations. 1

2 ALL PANELISTS will be asked to introduce themselves, their position, their company and a brief description of what their company does and their daily duties. 2

3 CYNDI Please describe your early experiences as a paralegal as it relates to discovery and perhaps share an anectdote or two about some of the more trying experiences you might have had. FREELY Please describe your early experiences as a paralegal as it relates to discovery and perhaps share an anectdote or two about some of the more trying experiences you might have had. 3

4 Explain how discovery slowly started to include those digital records that were being created or maintained by companies. Often there were boxes and boxes of documents that were now accompanied by disks, CDs, portable media and companies were also maintaining and various network shares and servers. Zubulake v. UBS Warburg [1] is a landmark decision in the area of electronic discovery and the burden of costs for such discovery. It was released on May 13, 2003 and was written by Judge Shira A. Scheindlin of the United States District Court for the Southern District of New York. It is the first in a series of Zubulake judgements relating to discovery issues, and is also referred to as "Zubulake I". See section "Other Proceedings" for information on other Zubulake decisions. FRCP Amendments represented the first acknowledgement of courts as to a protocol around discovery of Electronically Stored Information. Addressed items like: initial disclosure, meet & confer, forms of production, safe harbor considerations. PATRICIA Please describe your first foray into ediscovery and how you went about managing that first matter. Also, explain how it was that you became the lucky one tasked with this endeavor. CYNDI Please describe your first foray into ediscovery and how you went about managing that first matter. Also, explain how it was that you became the lucky one tasked with this endeavor. 4

5 PATRICIA please explain how it is that you pursue your own continued education around the subject matter of ediscovery as well as educating those members of your team, particularly those who might be less willing to embrace the concept or practice of ediscovery management. FREELY please explain how it is that you pursue your own continued education around the subject matter of ediscovery as well as educating those members of your team, particularly those who might be less willing to embrace the concept or practice of ediscovery management. 5

6 ALL PANELISTS: Please explain you and your organization s respective ediscovery approach as it stands today. If you could touch on aspects like: Who is on your ediscovery team? Have you internalized specific technology? When do you think it s appropriate to outsource? Ultimately, how do you go about gaining buy off from your respective executives around the people, processes and technologies that you need to maintain this ediscovery management approach you have implemented? 6

7 Each panelist mentioned technology that they have brought in house or leveraged by way of partnerships to help them manage this process. With as quickly as technology is changing and growing, to include things like Predictive Coding, Conceptual Searching or even Story Engines designed to identify when people use negative tones or connotations within data for investigative purposes, what technologies do you use or require your team/counsel to use in order to more efficiently manage ediscovery? CYNDI have you leveraged some of the new wave technology, such as Assisted Review, Conceptual Searching, threading, etc. in any of your matters or have you been contemplating applying it to any future matters? PATRICIA have you leveraged some of the new wave technology, such as Assisted Review, Conceptual Searching, threading, etc. in any of your matters or have you been contemplating applying it to any future matters? 7

8 We ve all heard the statistic by now from the RAND report which indicates that 73% of all discovery spend is accounted for in the review process. FREELY: How do you ensure that review related expenditures are reduced? Further, do you have an ediscovery specific tracking or forcasting tools in place? With the dynamic nature of data, how do you stay on budget when ediscovery is in play? PATRICIA: How do you ensure that review related expenditures are reduced? Further, do you have an ediscovery specific tracking or forcasting tools in place? With the dynamic nature of data, how do you stay on budget when ediscovery is in play? 8

9 ALL PANELISTS: What does the future of ediscovery management look like for your organization? Does it entail further technology investments, additional partnerships, focusing on adding more people? Ultimately, where do you want your organization to get to from an ediscovery perspective? 9

10 ALL PANELISTS: Aside from DON T DO IT, what advice would you give to your peers in this room about expanding their role within their current organizations from an ediscovery perspective? 10

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