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Achieving Cost Predictability in E-Discovery
- 1. Getting Past Guesswork: Achieving Cost Predictability Through Process and Reporting Thursday, Oct. 10 | 10 – 11:15 Presented by
- 2. Lael Andara IP Litigation Partner | Ropers Majeski Kohn & Bentley
- 3. Peter Oesterling Assistant General Counsel | Nationwide
- 4. Mara Sconce Litigation Counsel | Dell
- 5. Model and overall approach to cost containment • Standard Pricing model for e-discovery services • L600 series UTBMS e-discovery billing codes • Effective communication among all relevant stakeholders
- 6. Lael Andara IP Litigation Partner | Ropers Majeski Kohn & Bentley
- 7. Expectations
- 9. Collaborate
- 10. Collaborate
- 11. Core Competence: Identify Limitations
- 12. Core Competence: Ignorance Is Risk
- 13. Shared Goal: Admissible Evidence
- 14. Proportional Amount in Controversy Needs of the Case FRCP 26(b)(1)
- 15. Interview Inventory Preservation Conference Vendor/Client/Counsel Meet & Confer with Opposition to Limit Scope Early Assessment Measure twice!
- 16. Not to Exceed Budget • Courts require early ESI assessment • Assessment can help narrow scope/cost by meet & confer • Assessment allows for early budgeting • Budgets should be based on what was known based on the pending claims
- 17. Iterative • Expect the unexpected!
- 18. Mara Sconce Litigation Counsel | Dell
- 19. Practical approaches to make e- discovery more predictable • Develop a repeatable process through templates and forms • Learn from your data and prior cases • Utilize technology • In sum, look for opportunities to gain efficiencies
Editor's Notes
- …and proportionalto the needs of the case, considering the amount in controversy, the importance of the issues at stake in the action, the parties’ resources, the importance of the discovery in resolving the issues, and whether the burden or expense of the proposed discovery outweighs its likely benefit. Information within this scope of discovery need not be admissible in evidence to be discoverable..[PROPOSED]