Work Smarter, Not Harder with Ediscovery Portfolio Management

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For years, there was an unspoken notion that the only way to approach ediscovery was on a case-by-case basis; that every case was unique and similarly required a unique approach to discovery. This …

For years, there was an unspoken notion that the only way to approach ediscovery was on a case-by-case basis; that every case was unique and similarly required a unique approach to discovery. This cycle has created a lot of inefficiency. Find out what two portfolio management experts say are the keys to identifying the ties that bind your ediscovery projects and maximize your efficiency with a portfolio management approach.

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  • 1. Work Smarter, Not Harder with Ediscovery Portfolio Management
  • 2. 2 Overview  The False Facade: The Case-by-Case Approach to Project Management  Cutting the Clutter : The Portfolio Management Approach  Work Smarter, Not Harder: Important Considerations for Making the Switch  Conclusion
  • 3. The Case-by-Case Approach to Project Management The False Facade 3
  • 4. 4 The “Case-by-Case” Approach Source: Kroll Ontrack Advisory Board Survey (2013)  Organizations waste time and money reinventing the ediscovery process with each case!
  • 5. 5 The “Case-by-Case” Perception  “Each case is unique” » Organizations create hard boundaries regarding the process for each project » Data is collected, analyzed, reviewed, and produced entirely disconnected from other projects within the organization!  This approach is chaotic and highly inefficient! » Piecemeal adoption Project 3 Project 1 Project 2 » The same data and/or custodians collected numerous times!
  • 6. The Portfolio Management Approach Cutting the Clutter 6
  • 7. 7 The Reality Source: eDJ Group, Reduce, Reuse, Recycle: Effective Multi-matter Portfolio Management (2013) Not Often (<25%) Often (25-50%) Very Often (>50%) 20% 33.3% 46.7%  How often do you have cases with overlapping custodians, collections or productions?
  • 8. 8 The Reality | Overlap Among Matters  Each case is unique, but... » Fewer hard boundaries between matters » Significant overlap with regard to documents, custodians, and tools  By acknowledging this overlap, an organization can: » Minimize data transfers » Decrease total data stored Project 1 Project 2 Project 3 » Consolidate location of ediscovery data and work product
  • 9. The “Ties that Bind” Your Ediscovery Duplicative Documents Overlapping Tools Repeat Custodians  How the portfolio approach maximizes efficiencies for a corporation: Organizations can avoid re-identifying, re-collecting, or re- processing data by isolating documents potentially subject to repeat litigation in a post-processing universal database! Store ESI for repeat custodians in a suspended state of storage to limit re-collecting Avoid additional data transfers, processing, etc. by leveraging the same tools across the EDRM
  • 10. The “Ties that Bind” Your Ediscovery  How the portfolio approach maximizes efficiencies for a law firm, where: Project 1 Project 2 Project 3 Project 1 Project 2 Project 3 » Minimizes the number of redundant project management steps—Do not have to ―reinvent the wheel‖ with each case! » Lowers the cost of projects with corporate of client data by folding the management processes into the portfolio Managing each project... …Managing the portfolio Transitions to
  • 11. 11 The Portfolio Approach For one case… …or 100 cases Leverage the same processes, systems and/or technologies Goal
  • 12. 12 The Portfolio Approach Leverage the same processes, systems and technologies Goal Collaboration Tracking ConservationKey Components
  • 13. Important Considerations for Making the Switch Work Smarter, Not Harder 13
  • 14. 14 Considerations for Implementation  A fundamental shift in the way organizations conduct ediscovery that requires a lot of forethought » Identifying opportunities to collaborate and conserve resources » Creating sound processes and employing effective technologies to maximize efficiencies  Additional questions regarding solutions: » Capacity to handle current data needs » Capacity to handle future data needs » Cost of implementation » Security of solution » Repeatability of solution 1 2 3 4 5
  • 15. 15 Do Existing Tools Meet Today’s Needs?  Big data is the biggest challenge  Red flags suggesting under-performing solutions: » Hosting a massive amount of email or loose data not currently subject to any sort of information management » Employed outdated tools like basic keyword search as the sole means of data analysis » Not having a process or means to bring on more labor or better technology when large cases arise 1 64 percent of organizations have invested or plan to invest in big data systems, but only eight percent of those planning to implement a solution have actually take steps to implement it. -Gil Allouche, What the Gartner Big Data 2013 Report Means for the Industry (Nov. 2, 2013)
  • 16. 16 Do Tools Meet Tomorrow’s Needs?  Applying Predictive coding to analyze your data  Per-project cost and comfortability are two barriers to widespread use, but that change is already underway » Some vendors already adopting new pricing plans for PC to shift from per-project basis to a monthly fee » Case law has already paved the way for counsel to use this tool, and we may be on the cusp of greater adoption  Ultimately, circles back to basic risk assessment: » What is the likelihood that my organization will want to use predictive coding during the lifetime of this litigation support tool? 2
  • 17. 17 What Will it Cost my Organization?  What is the true cost of on-premise software? » Maintaining a server (power, security, maintenance) » The cost to store ESI being processes or analyzed » Costs for personnel capable of running the software  Is it compatible with other applications in my organization’s case management workflow? » Might result in additional consulting, training, processing costs…  Additional consideration: viability of Software as a Service (SaaS) solutions » Some estimate that the initial cost of on-premise hardware and software may only represent 25 percent of the total long-term cost 3
  • 18. 18 Is the Solution Secure?  Presumably, a cloud-based solution is best suited for the portfolio management approach » Allows team to use a consistent, repeatable process where you can utilize data from multiple cases 4 The ―ideal scenario‖ should allow legal professionals to access documents in ―a centralized legal repository that supports multi-matter, multi-party ediscovery.‖ -Daniel Lim, 5 Tips for Using the Cloud to Conduct E-Discovery (July 25, 2012)  Vetting the security of existing and potential solutions is paramount » With a bevy of important security considerations…
  • 19. 19 Cloud Security Considerations  Private versus public cloud environment » Private clouds often considered more secure because organizations have more control over preservation and collection » May not know where data geographically resides in a public cloud – Potentially raises international compliance challenges  Planning for disaster » Make sure data is encrypted when it is in transit » Vet certifications and physical security of the provider’s data center  Portfolio management: ensure provider only stores one instance of a document » Minimizes auditing and security associated with hosting stages 4
  • 20. 20 Is Your Solution Repeatable?  Existing approach: create process as projects arise » With each new project, decisions are made about whether existing processes and tools are good enough for everything from collection through production—or whether additional tools are necessary » Highly chaotic: overlapping processes and interoperability issues  Possible solution: contracting for all the tools you need for your cases in a given time period » Ensures seamless integration amongst tools for different EDRM phases » Many vendors now offer solutions based on monthly hosting fees to minimize overall cost to an organization 5
  • 21. 21 Is Your Solution Repeatable?  Key components: a post-processing centralized database for analysis and review with robust intra- project reporting » Post-processing centralized database: storing every case document on a centralized platform avoids duplicative collection, identification and processing for repeat or consecutive litigation » Analysis and review: all document groupings and decisions made can be preserved and utilized for additional cases, if applicable » Robust intra-project reporting: the portfolio management tool should track critical case information like: – The number of custodians per case – Number of documents escalated to review – How much time and money were spent on each process 5
  • 22. The Portfolio Management Approach Conclusion 22
  • 23. 23 Benefits of The Portfolio Approach  Increased efficiency » Less time and effort spent of duplicative steps » Focus on case strategy and new issues  Budgeting and cost savings » Budgeting more predictable via repeatable processes  Transparency » Insight into entire edisocvery portfolio » Identify trends and opportunities to improve processes