1. Work Smarter, Not Harder
with Portfolio Management
John Winkler, Account Executive, Kroll Ontrack
David J. Kearney, Director Cohen & Grigsby PC
March 12, 2014

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4. 4
John Winkler
 Account Executive at Kroll Ontrack
 Partners with law firm clients to
advise on ediscovery best practices
 Over 18 years experience in the legal
technology field
 Frequent author and speaker on
ediscovery topics and best practices
jwinkler@krollontrack.com
(216) 570-3905

5. 5
David J. Kearney
 Director of Technology Services at
Cohen & Grigsby, P.C.
 Established ediscovery and project
management professional
 Multiple industry certifications, such
as PMP, CEDS
 Authored numerous articles related
to electronic discovery
 Frequent speaker and instructor on
various ediscovery topics
dkearney@cohenlaw.com
(412) 297-4651

6. 6
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

7. The Case-by-Case Approach to Project Management
The False Facade
7

8. 8
The “Case-by-Case” Approach
Source: Kroll Ontrack Advisory Board Survey (2013)
 Organizations waste
time and money
reinventing the
ediscovery process
with each case!

9. 9
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!

10. The Portfolio Management Approach
Cutting the Clutter
10

11. 11
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?

12. 12
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

13. 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

14. 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

15. 15
The Portfolio Approach
For one case… …or 100 cases
Leverage the same processes, systems
and/or technologies
Goal

16. 16
The Portfolio Approach
Leverage the same processes, systems
and technologies
Goal
Collaboration
Tracking
ConservationKey
Components

17. Important Considerations for Making the Switch
Work Smarter, Not Harder
17

18. 18
Considerations for Implementation
 A fundamental shift in the way organizations conduct
ediscovery that requires 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

19. 19
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 taken steps to implement it.
-Gil Allouche, What the Gartner Big Data 2013 Report Means for the Industry (Nov. 2, 2013)

20. 20
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

21. 21
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

22. 22
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…

23. 23
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

24. 24
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

25. 25
Is Your Solution Repeatable?
 Key components: a post-processing centralized
database for analysis and review with robust inter-
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 inter-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

26. The Portfolio Management Approach
Conclusion
26

27. 27
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