Bringing e discovery in house with clearwell-final_111215

Bringing eDiscoveryIn-House with ClearwellImplementing Processes and Technologies to Reduce Risk and Increase Cost Savings Doug Kaminski, Clearwell, Symantec Shannon Smith, Esq., Globanet

Presenters Doug Kaminski, Director of Sales – North Central and Northeast, Symantec As a Director for Clearwell, now part of Symantec, Doug works on a regular basis with thousands of legal professionals around the country in both law firms and major corporations. He is a frequent speaker and author on e-discovery related topics, a member of the Detroit Bar Association, and is on the Board of the Society of Corporate Secretaries & Governance Professionals. He has delivered over 300 CLE presentations for legal professional groups and his articles have been published in Corporate Counsel and other legal publications.Shannon Smith, Director of Information Governance & General Counsel, GlobanetShannon Smith is the Director of Information Governance and General Counsel atGlobanet where she manages a portfolio of ediscovery and compliance offerings.. Asan experienced attorney, Shannon brings an extensive knowledge of ediscoveryprocess, litigation readiness, and records management issues to her role. She is amember of industry groups EDRM and Sedona Conference and has contributedarticles to a number of publications including Corporate Counsel and InformationManagement. She is a Certified eDiscovery Specialist and holds both a Juris Doctorateand MBA from Loyola Marymount University. 2

Agenda 1 Why Bring eDiscovery In-House? 2 Identifying Areas for Improvement 3 Building a Strategy 4 Choosing the Right Solution 5 Q&A 3

Why Bring eDiscovery In-House?Traditional Outsourcing Models Per GB to process Per GB per month to host Collect & Preserve Per GB to review In-House Processing Preservation Information Identification Review Production Management Collection Analysis E-Discovery Timeline 5

Why Bring eDiscovery In-House?Identifying the Benefits- Cost management- Improve control over data- Manage processes with greater control An effective in-house ediscovery program should balance cost, risk, and efficiency. 6

Identifying Areas for ImprovementKnow Your eDiscovery Spend • Quantitative and qualitative analysis of your existing ediscovery processes • Identify where the dollars are going – outside counsel, processing services, hosting services, review services • Develop a sample of cases for analysis – include outliers • Identify areas for improvements – collection, processing, review, and perhaps even preservation If you can measure it, you can manage it. 8

Identifying Areas for ImprovementPreservation • Typically managed in-house already • Might not save outside spend but may certainly reduce future costs DuPont v. Kolon The Value of a Strong Preservation Process Lessons: • Imperative to have a preservation process in place ahead of time • Written notices should be issued to all affected employees, tracked, and translated when necessary • Preservation should include IT early on 9

Identifying Areas for ImprovementCollections: The Low-Hanging Fruit An ineffective collections process affects costs across the board Case Code Collected Data (GB) Processing ($) Review ($) Hosting ($) Total TC-303 30 $ 15,000 $ 112,000 $ 7,200 $ 134,200 HR-122 80 $ 40,000 $ 298,667 $ 38,400 $ 377,067 HR-122b 40 $ 20,000 $ 149,333 $ 9,600 $ 178,933 RC-843 160 $ 80,000 $ 597,333 $ 153,600 $ 830,933 HD-2122 80 $ 40,000 $ 298,667 $ 38,400 $ 377,067 WC-543 80 $ 40,000 $ 298,667 $ 38,400 $ 377,067 WC-543b 40 $ 20,000 $ 149,333 $ 9,600 $ 178,933 US-920 300 $ 150,000 $ 1,120,000 $ 576,000 $ 1,846,000 TC-397 80 $ 40,000 $ 298,667 $ 38,400 $ 377,067 HR-652 80 $ 40,000 $ 298,667 $ 38,400 $ 377,067 $ 485,000 $ 3,621,333 $ 948,000 10

Identifying Areas for ImprovementCollections: Home Depot Case Study Case Size: 1,150,000 Docs (115 GB) 690,000 Docs eDiscovery Cost (69 GB = 40% Cull) without Clearwell $448,000 Documents Sent to Legal Review eDiscovery Cost with Clearwell $37,000 57,500 Docs (5.75 GB = 95% Cull) Cost Savings on a Single Case with Clearwell $411,000 $ 179,694 (92% Reduction) Before After Clearwell Clearwell 11

Identifying Areas for Improvement Processing and Early Case Assessment• Are there matters that make sense to process in-house and what is the criteria? – Data volume? Number of custodians? Complexity of matter?• Can we perform some processing in-house to reduce what we’re sending out?• What is ECA and what are the benefits? – Immediate visibility into data set – Improved ediscovery cost planning (cost shifting) – Enables preparation for meet and confer – Supports strategic legal decisions: trial or settle? 12

Identifying Areas for ImprovementReview • Bringing review in-house typically reserved for a more mature ediscovery program • Look at the numbers carefully • Consider easing into this realm with smaller cases; once a comfort level is reached, consider bringing more of the process in house 13

Identifying Areas for ImprovementReview: JPMorganChase Case Study 10 Days Review Costs Without Clearwell $506,000 Review Time for Case HR-752b Review Costs with Clearwell $84,500 1 Day Annual Cost Savings with Clearwell* $421,000 *Assumes 35 similar cases/year 14

Develop a StrategyDefine Objectives Preservation Collections Processing• Improve legal hold • Collect less – move • Send out less for process – repeatable away from bulk review by processing and defensible collection to targeted and performing ECA• Identify technologies collection • Identify technologies to automate and • Identify technologies to cull down data manage legal hold to automate and focus quickly using easy-to- notices collections process use search capability• Identify solution to • Perform a pre-review apply physical holds to for all cases before the data sending out 16

Choosing the Right SolutionWhat are the Focus Areas? Improve culling Automate legal methods hold notification Processing Preservation Information Identification Review Production Management Collection Analysis Execute on retention Selective policies Perform ECA and avoid collection sending data out Enhance review process 18

Choosing the Right SolutionIdentify Stakeholders LEGAL Records IT Manager eDiscovery, Risk Investigations, Human Management Compliance Resources Review Compliance Information Security Information Project Manager 19

Choosing the Right SolutionDevelop an ROI and Budget; Consider People & Processes • Develop a business case – hard numbers, not just risk • Build a cross-functional team with departmental objectives in mind • Begin process discussionSomething for everybody… 20

Choosing the Right SolutionIdentifying and Selecting the Technology Requirements • Work closely with IT to understand IT implications • Distinguish between must-haves and nice-to-haves • Consider putting out a formal RFP To-Dos Identify Solution ProvidersBuild out requirementsIdentify market leaders • Do your homework – talk to analysts and peers • Compare list of requirements with product offeringsKick the tiresKnow the licensing Understand the Technology and Pricing • Require demos for different audiences • Require a proof of concept; time alone with the product in your environment • Understand up-front costs, recurring costs 21

Why Organizations Choose Clearwell 1. Fastest Hard Dollar ROI in the Industry 2. Market Leader in Early Case Assessment 3. Rapid and Repeatable Legal Hold Notification 4. Consolidated and Streamlined Collections 5. Integrated Review for Inside & Outside Counsel 6. Single Application for Entire eDiscovery Lifecycle 22

About GlobanetA strategic Symantec partner specializing in information managementsolutions, Globanet provides customers with products and services to helpmanage data more efficiently while reducing risk.Our portfolio of offerings includes- Select Symantec products including • Clearwell • Enterprise Vault • Symantec.cloud • Netbackup- Globanet products • Merge1 for archiving of electronic communications including data from Bloomberg, Blackberry, Reuters, Facebook, and other data sources • GEM for large-scale data migrations across various archiving solutions- Services to deploy, customize, and manage Clearwell and Enterprise Vault- Consulting on information governance topics including records management, litigation readiness, and ediscovery workflow 24

THANK YOU FOR ATTENDING CONTACT USDoug Kaminski, Symantec Shannon Smith, GlobanetDoug_Kaminski@Symantec.com SSmith@Globanet.com 25

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