Bringing Electronic Discovery In House as a Managed Service

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1 Bringing Electronic Discovery In House as a Managed Service Dickstein Shapiro and Océ Business Services Collaboration for Managed Services Electronic Discovery

2 Introductions Richard Perrin, Esq. E-Discovery Counsel, Dickstein Shapiro Paul Perdue, Esq. Director of Practice Solutions and E-discovery, Dickstein Shapiro Robert Milburn, Esq. Director of Discovery Solutions, Océ Business Services 2

3 Summary of learning objectives Understanding the managed services solution for electronic discovery Practical examples of law firm challenges Compliance with discovery obligations Litigation support management How the solution addresses challenges, such as: Client data security and management Adequate support across enterprise Building ediscovery best practices Freeing up valuable firm resources 3

4 ediscovery challenges for Dickstein Spiraling e-discovery costs More than 70% of litigation costs are discovery-related Only 1 out of 340,000 documents preserved is used as a trial exhibit Early Case Assessment (ECA) Processing Hosting Review Analytics (TAR) Production Traditional Model: EXPENSIVE! 4

5 ediscovery challenges for Dickstein Unpredictable budgets Nature of ESI makes accurate budgeting difficult Nature of vendor invoicing makes accurate budgeting difficult Litigation counsel is focused on merits of litigation; e-discovery costs are given only brief attention 5

6 ediscovery challenges for Dickstein Maintain a Competitive Position Over 50% of AMLAW 100 firms have specific, marketable, organizational approach to e-discovery Trend towards managed services approach 6

7 ediscovery challenges for Dickstein Manage Legal Risks around Attorney Oversight Counsel s Discovery Obligations Under FRCP Competence Diligence Supervision Certification of Discovery Responses Cases of Interest Pension Committee of the University of Montreal Pension Plan v. Banc of America Securities, LLC (U.S.D.C. S.D.N.Y. 2010) Written litigation hold Data preservation and collection Key employees Jacobs v. Las Vegas Sands Corp, (District Court, Clark County, Nevada 2012) Misrepresentation about location of ESI J-M Manufacturing Co., Inc. v. McDermott, Will & Emery, Navigant Consulting, Stratify, Inc., et al. (California Superior Court, County of Los Angeles E-discovery malpractice and breach of fiduciary duty Qualcomm Inc. v. Broadcom Corp. (U.S.D.C. S.D. Ca., 2010) E-discovery malpractice; due diligence and supervision failures 7

8 Managed Services approach to Electronic Discovery Océ an outsourcing company that provides onsite litigation technology and support Important case for managed services : Victor Stanley v. Creative Pipe, 250 F.R.D. 251 (D. Md. 2008). Definition: Electronic Discovery Managed Services Custom process built for the needs of client s practice groups Repeatable business processes with dedicated resources (defensible, efficient, predictable) Integrated Information security (physical, network, onsite/offsite employees) Change management 8

9 Example: Electronic Discovery as Managed Service Submit Work Order Login to your portal to place a new work order request. Processing Perform text extraction, TIFF conversion and quality control Deliver to client Load file is delivered to CD, DVD, HD, FTP Attach Media Stage ESI Export Load File Load to Document Review Attach media containing evidence to ediscovery appliance. Forensically copy evidence. Create load file for review system. Documents are ready for review 9

10 Advantages for Dickstein Shapiro Spiraling e-discovery costs Managed services provides for more efficiency Managed services = better control of client costs Average of 45-50% savings $148,000 $68,166 $94,638 $11,173 $4,475 $8,991 $10,500 $26,832 $8,372 10

11 Advantages for Dickstein Shapiro Unpredictable Budgets Managed services allows for simplified cost structure All partners/clients need to know is volume Managed services allows for flexibility and control 11

12 Advantages for Dickstein Shapiro Maintain Competitive Position E-Discovery Counsel and Committee ESI Predict 12

13 Advantages for Dickstein Shapiro Manage Legal Risks - Attorney Oversight Managed Services permits adoption of standardized processes and allows for better process control Permits attorneys to focus on legal issues knowing that technical expertise is readily available Facing e-discovery, litigation counsel must meet distinct challenges Legal Advice / Strategy Technical Competence Business / Client Relationship How do we address these diverse concerns? Commit to continuing learning about e-discovery Involve personnel having technical competence early Managed services can lighten the load and reduce costs Start discussion of e-discovery options early and continue dialogue Mistakes will be made in every case o If you mess up, fess up 13

14 Questions and Comments ADVANCING BUSINESS PROCESS MANAGEMENT TO A HIGHER LEVEL 14

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