The New Document Production. Presented By: David A. Hancock National Litigation Support Manager Akerman Senterfitt P.A.

Transcription

1 The New Document Production Project Management Toolbox Presented By: David A. Hancock National Litigation Support Manager Akerman Senterfitt P.A.

2 What is Project Management? Project Management is the process of seeing a project through to completion such that the results satisfy the needs (but not necessarily the desires) of the litigation team. The process utilized should be sound, defensible and repeatable Where Electronic Discovery is concerned, effective Project Management is more of an art than a science No two projects are exactly alike The scope of the project routinely changes midstream

3 As Go Project Managers(PMs), So Too Go Projects Projects are most successful when good, knowledgeable and responsive PMs manage them As in most relationships, the key is EFFECTIVE COMMUNICATION Status Reporting and responsiveness allow for less painful transitions when the dynamics of the project change Document, document, document

4 Not All Projects Are Created Equal Some projects involve one task and others involve a series of tasks Productions are perhaps the most important of tasks because the risks are so high As Forest Gump s Mother said (when she became a PM), Projects are like a box of chocolates you never know what you re gonna get

5 Some Traits of a Good PM Knowledge of EDD Rules and the Litigation Lifecycle Good grasp of available tools for dealing with ESI, both in-house and outsourced Effective communication skills Ability to adapt and be a good problem-solver l Ability to see both the big gpicture and the details Must be willing to have no life, be able to read minds and deal well with emotional people

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7 Fact Finding/Identification Refer to Data Map orblueprint ofwhere data resides so you ll know where to look Review Document Retention Policy Become familiar with back up policies and procedures Determine the custodians and figure out their practices Look at specific requests or names Determine the relevant timeframe

8 Litigation Holds For each matter involving ESI, a Litigation Hold needs to be instituted internally (and the other side notified of their duty to do the same) The trigger for a Litigation Hold is when you knew orshould have known litigation was likely to be filed about a topic/incident/data The most effective Holds are as comprehensive asneeded andneed need to be acknowledged and repeated

9 ESI Collection Determine how data harvesting will be done and who is going to do it In most instances, the client s IT staff is capable enough to collect the ESI, however, work closely with them to ensure nothing is missed and the collection methodology is sound In some instances, for example for very large collections and when forensic captures are needed, it is best to outsource the harvesting Outsourcing ESI collection insulates you and your client from liability and from becoming witnesses Depend onvendors even if onlyfor direction/advice/guidance

10 ESI Collection cont. It is wise to document where the ESI is located as well as the back up systems and procedures in anticipation of the 30(b)(6) deposition Determine a strategy regarding ESI (re collection, processing and production) in preparation for a 26(f) Meet & Confer conference The Sedona Conference (the leading body on all things EDD) has been pushing for cooperation by the parties as to EDD. When possible, work with the opposing party to arrive at a reasonable and mutually agreeable strategy of dealing with the ESI

11 Working the Numbers It is quite common for the PM to have to put together cost analyses for different scenarios Good, Better, Best Options Strong Vendor Negotiation Skills Needed Proportionality/Motion i for Protective Order Od + Affidavits i Data Sampling Custodian Ranking (tiered approach) Hybrid approaches regarding data processing

12 Working the Numbers cont d Taxation of Costs CBT Flint Partners v. Return Path and Cisco Ironport Systems Federal Appellate Court in Washington, D.C. ESI costs taxable against losing party under 28 US 1920 Cost tshifting SPM Resorts, Inc. v. Diamond Resorts Management, Inc WL , So. 3d (Fla. 5th DCA 2011) The cost of e discovery vendors to collect, process and search data requested by the other side should be shifted to the requesting party

13 Vendor Negotiations The decision whether to outsource allor part of a project is a decision that depends on many factors including cost, turnaround time, resources, expertise, data types, volume of data etc. When done correctly the vendor becomes a valued part of the When done correctly, the vendor becomes a valued part of the process. A good PM has long term relationships and a good rapport with various vendors who can assist in the project.

14 In House Project Management Managing an in house project is usually much more involved and hands on than outsourced projects PM must be intimately involved in the processing of the ESI PM must stay in close contact with the litigation team regarding deadlines, needs/desires, specifications, formats, resources and status Much morebabysitting in every stage of in house project

15 Project Management For Outsourced Projects Vendor will have its own PM for your project. This is your contact person. Vendor s PM needs to be responsive, experienced, a good communicator and good at providing status updates A PM is only as good as his/her last project Beneficial to have a good rapport/working relationship with your PM

16 Production Production is the finish line for some projects Make sure redactions are burned in, privileged documents have been removed, only responsive documents are produced dand there is a Clawback Agreement in place QC output before you give it to the Litigation Team Have Litigation Team QC output before it goes out the door (for random redactions, privilege, format, load file, numbering, etc.)

17 Tools For Your PM Toolbox o ECA Clearwell, Relativity, AdvanceView o In House Processing ecapture/escan IT/IPRO, LAW o Hosting Relativity, Clearwell, Nuix o In House Review Summation, Concordance, CaseLogistix o Predictive Coding Recommind, Servient o Freeware UltraEdit, IConvert, PDFConverter Pro, Adobe Professional, OCR tool, IPRO Build

18 The Big Finish The job of PM is often a thankless one. Usually, the best one gets is an absence of complaints. Occasionally, the PM gets credit for making it happen and making peoples lives easier. That is asgood asit gets. Oftentimes, the PMmust take solace in knowing the project was completed according to specs and then move on to the next project. Oh, did I mention that PMs have to also have the ability to handle multiple projects simultaneously?

19 Remember, attorneys are like dogs they can smell fear and indecision; so. Carpe Project!!!!