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ACEDS-Consilio 1-24-14

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Slides from Jan. 24 ACEDS-Consilio webcast.

Slides from Jan. 24 ACEDS-Consilio webcast.

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  • Hello and welcome to this ACEDS webcast “Effective Cost Control in Cross Border Regulatory Investigations and Litigation,” presented by Consilio. I’m your host Robert Hilson of ACEDS.org, and I’m joined today by several great experts who I’ll introduce in a moment. But first I have a couple of quick announcements.
  • For those of you who aren’t familiar with us, We are a members-only association that provides training, resources, and networking to the e-discovery community. We also offer the Certified E-Discovery Specialist credential, which is held by hundreds of professional across the Americas, Europe and Asia. You can join today and start receiving a number of benefits exclusive to our members, including news content, on-demand web seminars, our bits+bytes newsletter and discounts on certification and our April conference.
  • The seminar today will be permanently hosted on our site and available on demand along with many others. They offer practical training and knowledge from top practitioners around the globe, and they are available to you right now if you are a ACEDS member. For more information about membership or to sign up for certification, call Member Services at 786-517-2701 or go to aceds.org/join.
  • We have four leading experts who will talk to you today about how to handle the cost challenges associated with cross-border e-discovery. The first is Rachel Rubenson, associate vice president for litigation at Barclays, where she advises the company on all aspects of e-discovery. Here responsibilities as a member of Barclays’ “Team Discovery” include setting company best practices for storage, collection, processing, and review of electronic data, interfacing with outside counsel on e-discovery issues in complex litigation, and managing subpoena responses and internal investigations. Rachel, thanks a lot for being here.
  • Next we have Scott Reents, an e-discovery attorney at Cleary Gottlieb Steen & Hamilton. In this role, he advises clients and his firm on e-discovery law, technology, and best practices, and assists litigation teams with planning and supervision of all aspects of e-discovery. He is also a member of the Sedona Conference Working Group on Electronic Documents Retention and Production. Scott, good to have you here. Thanks for joining us.
  • Scott and Rachel are joined by Mike Flanagan, general counsel at Consilio. Mike spent more than 20 years at Gibson Dunn in Washington, DC prior to joining Consilio – 11 of those years as a partner. In that role, he counseled public and private companies on a broad range of legal matters, including the resolution of commercial disputes, the negotiation of corporate transactions, and various compliance issues. He was also a founding member of the firm’s Electronic Data Discovery Initiative and Information Law Practice Group. Michael, good to have you here.
  • And last but not least, Robert Wickstrom, vice president of client development at Consilio. Robert has 17 years of technology, IT and litigation support experience. He has spent the last seven years architecting, coordinating and executing global document and data assessments, preservation, collection, review and production efforts for civil litigation, US and foreign regulatory investigations and criminal matters. Prior to joining Consilio, Robert was senior manager of strategy at Xero, and before that, a senior project manager for e-discovery and compliance at Sullivan & Cromwell. Robert, good to have you here.Just a quick reminder before we begin, I encourage everyone on the call to ask questions through the chat box on the right of your screen. And we will be sure to answer them at the end of the presentation.
  • Thank you everyone for being here. When you log out, please be sure to fill out the brief survey you’ll be prompted to complete. Have a great day.

ACEDS-Consilio 1-24-14 ACEDS-Consilio 1-24-14 Presentation Transcript

  • Effective Cost Control in Cross Border Regulatory Investigations & Litigation January 24, 2014 © 2014 Consilio 1
  • 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 786-517-2701
  • CRUCIAL TRAINING THROUGH ACEDS WEB SEMINARS Some Vital Topics We Cover  Computer Assisted Review  International E-Discovery  Social Media  Cloud-Based Discovery  E-Discovery Malpractice  Workplace Privacy  State E-Discovery Rules  And Many More! aceds.org/join
  • Introductions © 2014 Consilio 4
  • Rachel Rubenson Rachel is an associate vice president for litigation at Barclays, where she advises the company on all aspects of eDiscovery. Her responsibilities as a member of Barclays‟ “Team Discovery” include setting company best practices for the storage, collection, processing, and review of electronic data, interfacing with outside counsel on eDiscovery issues in complex litigation, and managing subpoena responses and internal investigations. Prior to joining Barclays, Ms. Rubenson was an associate in the complex business litigation group at Ropes & Gray, LLP, where she focused on data privacy and eDiscovery. In this capacity, Ms. Rubenson litigated numerous eDiscovery issues in class actions and individual litigations, negotiated discovery issues with state and federal government entities, and managed all aspects of complex document reviews. © 2014 Consilio 5
  • Scott Reents Scott is the E-Discovery Attorney for Cleary Gottlieb Steen & Hamilton. In this role, Mr. Reents advises clients and the firm on ediscovery law, technology, and best practices, and assists litigation teams with planning and supervision of all aspects of ediscovery. Mr. Reents is a member of the Sedona Conference Working Group on Electronic Documents Retention and Production and is currently a team leader for the drafting of a Sedona commentary on the defense of process. Mr. Reents is a frequent writer and speaker about e-discovery issues. © 2014 Consilio 6
  • Michael Flanagan Mike is General Counsel for Consilio. Prior to joining the company, Mike spent more than 20 years with Gibson Dunn & Crutcher in Washington, DC, the last 11 as a partner. In that role he counseled public and private companies on a broad range of legal matters, including the resolution of commercial disputes, the negotiation of corporate transactions, and various compliance issues. Mike was a founding member and a Co-Chair of the firm‟s Electronic Data Discovery Initiative and Information Law Practice Group. In addition to his responsibilities as General Counsel, Mike writes and speaks regularly on eDiscovery issues. © 2014 Consilio 7
  • Robert Wickstrom Robert has 17 years of technology, IT and litigation support experience. The last 7 years he has been architecting, coordinating and executing global document and data assessments, preservation, collection, review and production efforts for civil litigation, US and foreign regulatory investigations and criminal enforcement matters. Prior to joining Consilio, Robert was Senior Manager of Strategy and a senior forensic consultant in eDiscovery at Xerox. He was a Senior Project Manager for Electronic Discovery and Compliance at Sullivan & Cromwell LLP in NYC. While at Sullivan & Cromwell he led the strategy and management of large, international and multi-jurisdictional eDiscovery matters. In addition Robert worked as Litigation Support Manager for Stroock & Stroock & Lavan LLP, where he implemented a complete infrastructure and process upgrade of the firm‟s litigation support technology. © 2014 Consilio 8
  • Agenda • Contexts in which cross border projects may occur • Cross border complications • Creating a cross cultural team with internal and external resources • Designing efficient workflows to accommodate varying requests in multiple jurisdictions • Architecting data hosting in light of data protection requirements • Assessing potential costs and monitoring project spend © 2014 Consilio 9
  • Cross border eDiscovery context Single Requester Multiple Requesters Single Source Single Source Single Requester Multiple Requesters Multiple Sources Multiple Sources © 2014 Consilio 10
  • Cross border complications • Differing scopes/focus of investigation • Differing adversaries who may/may not be communicating • Differing deadlines • Differing deliverables • Differing data privacy laws • Differing laws regarding the movement of data • Differing languages & cultures © 2014 Consilio 11
  • Assembling the right project team • Legal and/or Compliance department • IT/Records Management/Internal forensics or eDiscovery department • External Counsel • External forensics/eDiscovery service provider • Data protection officer/Labour Union/Works Council representative © 2014 Consilio 12
  • Designing efficient workflows to accommodate varying requests • Strive for consistency – – – – Preservation / collection Data processing / culling Review protocols Quality control • Get buy-in from opposing party, but try to avoid getting locked in too early • Consider downstream effects • Consider impacts of foreign language • Place premium on good documentation © 2014 Consilio 13
  • Data hosting in light of data protection requirements • Security of Data – Encryption – Data at rest – IT or Operations techs working with data remotely • (collection/processing) • Access of data • Inventory and Assessment of data without compromising PII rules & regulations • Ensuring access to hosted data does not compromise PII rules & regulations • Access to relevant/produced data sets • Data retention notification and duration – Do users need to be notified if data is used in parallel matter – How long can data remained archived according to local privacy rules © 2014 Consilio 14
  • Assessing potential costs & monitoring project spend • What‟s involved – – – – – – – • • • • • Custodians Sources Locations/jurisdictions Number of parties Does the matter have the potential to grow, bifurcate Archive vs live data User generated files vs system or database data Project kick-off meetings with counsel, corporation and vendor(s) Post project review with all parties to identify successes (people & processes) and areas to be improved Weekly Work-in-Progress reports with detailed pricing spend to-date (during data collection and heavy review phases) Leveraging and combining technologies to quickly identify and prioritize potentially relevant material Leverage prior matter metrics and „lessons learned‟ to reduced costs on future projects © 2014 Consilio 15
  • Getting a grip on budgeting Key cost drivers • Preservation/Collection – Number, type and location(s) of data sources – Accessibility of data sources • Processing and hosting – – – – • Review – – – – • Location of hosting Volume of data – (gigabyte, terabyte) employee/non-employee specific Type of data Duration of review process Number and type of documents/audio Complexity of review Language Audio? Experience of review team – On client matters – Working with outside counsel – Overall review experience © 2014 Consilio 16
  • Getting a grip on budgeting How do we get these metrics without doing the work? Sampling. • Extrapolation of metrics gathered from a sample of custodians • Sample size must be large enough to be helpful/reasonable • Requires that the data be “processed” first • Allows own search strategies to be assessed and refined • Facilitates negotiation with other parties based on facts © 2014 Consilio 17
  • Cost controls through outsourcing • Reliance on contract attorneys – U.S. vs. Rest of the World – Subject matter expertise; language; conflicts – Ensure consistency across review teams • Standard instructions re: responsiveness, privilege, etc. • Use of Review and Project Management • Standardized Reporting (unified where possible) – Quality control • QC early review inconsistences/sample early review tagging for accuracy and uniformity across review team • QC search terms by issue for relevance © 2014 Consilio 18
  • Cost controls through technology • Technology to control review cost – Searching strategies that combine/leverage all available information – Use samples to refine search criteria – TAR/conceptual analysis to locate sets of similar documents – Predictive coding © 2014 Consilio 19
  • Q&A Our Presenters: Rachel Rubenson Barclays rachel.rubenson@barclays.com Scott Reents Cleary Gottlieb Steen & Hamilton LLP sreents@cgsh.com Robert Wickstrom Consilio Robert.wickstrom@consilio.com Mike Flanagan Consilio Mike.flanagan@consilio.com © 2014 Consilio 20