Hosted ediscovery: Adoption, Use, and Results. September, 2011

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1 Hosted ediscovery: Adoption, Use, and Results September, 2011

2 SaaS is a Delivery Model Of Cloud Computing

3 Attitudes About SaaS Are Still Evolving

4 Legal Community Embracing SaaS In general, are you leaning toward using some sort hosted, cloud, or SaaS service for ediscovery? 6% 21% 47% 26% Yes No Some kind of hybrid Other Source: ediscovery Journal SaaS Survey, September 2011

5 SaaS Could Provide Real Benefits Simplicity: Fast deployment Uptime commitments Minimal expertise requirements Cost Savings: No hardware investment No refresh cycles No maintenance or upgrades costs Flexibility: On-demand consumption model Rapid Market adaptation Platform independence Ubiquitous access models Possibility of Infinite scalability and resources Collaboration across systems

6 Cloud Delivery Models - Infrastructure Infrastructure as a Service (IaaS) Rent computing cycles versus buying on-premise infrastructure, e.g. Amazon s EC2 Many archiving vendors partner with public cloud providers like Amazon for infrastructure services

7 Cloud Delivery Models - Platform Platform as a Service (PaaS) Allow customer to customize applications via API and provide the implementation, e.g. SalesForce s Force.com Service providers could take this route with best-of-breed ediscovery applications

8 Cloud Delivery Models - Software Software as a Service (SaaS) Run the whole application for the customer, e.g. Google Apps, hosted review applications Already common in legal technology hosted review

9 If You Want To Provide Cloud Services, Ask Yourself - Do I want to run a data center? - Security levels (e.g. Tier 4, SAS 70) - Disaster recovery - Redundancy - Storage infrastructure - What Delivery Models Will I support? - IaaS - PaaS - SaaS - Do I have the human resources - IT - Deployment management - Best-of-breed application expertise - Application development - Feature/function updates - Maintenance and upgrades - Customer service - Project management - Can I get the right amount of labor arbitrage to make a good business case?

10 If You Want To Consume Cloud Services, Ask - Do I trust my law firm to be a leading-edge provider of software or infrastructure services? - Can a small vendor provide the scale necessary for my requirements? - Smaller service providers may rely on IaaS from third parties, e.g. Amazon - Smaller companies may not have the geographic distribution to support requirements for where data physically lives - How is my data going to be stored? - Ethical walls? - Shared spindles? - Do I need to keep up with feature / function evolution? - If so, a provider with best-of-breed applications may make the most sense.

11 Who Provides SaaS Today? Software providers SaaS is one form of offering Service providers Provide own applications via SaaS model Provide partner applications via SaaS model Law firms Provide partner applications via SaaS model Business models are evolving Do law firms want to run the data center? Do service providers want to be application developers? Are best-of-breed approaches best?

12 Benefits of SaaS Model To The Litigant Lower costs Provider can spread costs across multiple clients Easy web-based access to data No need to manage infrastructure Access to cutting-edge applications without need to manage upgrades and maintenance Can leverage best-of-breed approach Ability to bolster internal project management staff Use of experienced outside expert witnesses if needed Experienced with expert testimony Documentation methodologies Experience working with litigators Legal expertise

13 Service Provider Law Firm Corporation SaaS Models Can Facilitate Efficient Collaboration Info Management Identification Collection Preservation Processing Analysis Review Production Strategy Data Mapping Early Case Assessment Legal Hold Management First Pass Review File Inventory Culling Export Forensics & Search Legal Advice Project Management Advanced Processing Linear Review Review Hosting Export Strategic Consulting Project Management Advanced Processing Review Hosting Export

14 Critical Questions Re: Leveraging SaaS Security How is data stored, where, who s control? Physical access controls (SAS 70) Electronic controls Transit level security and at rest (WORM) Regulatory requirements: FINRA, NARA, DOD5015 Scalability Is data center designed for scale? Scale to what volumes? Geography Where is data physically located? Can provider meet various countries regulation for where data should reside? How do people / systems work with the data What applications are in use and how are they developed? Mutual understanding of roles related to litigation, discovery searches and expert testimony Data in custody of provider must receive equivalent guardianship as original owner Unified process for responding to subpoenas and service of process, etc

15 Thank you Barry Murphy

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