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Getting Your House in Order: Cost-effective Litigation Readiness
 

Getting Your House in Order: Cost-effective Litigation Readiness

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Getting Your House in Order: Cost-effective Litigation Readiness Getting Your House in Order: Cost-effective Litigation Readiness Presentation Transcript

  • Getting Your House in Order: Cost-effective Litigation Readiness November 16, 2010 IRON MOUNTAIN WEBCAST
  • The goal of this webcast is to:
  • Featured Speakers Jarad Carleton Frost and Sullivan Stephen Whetstone, Esq. General Manager Legal Discovery Iron Mountain Jarad Carleton Principal Consultant
  • Agenda Planning & Cost Control Litigation Support Solutions Trends in Litigation Readiness Company Case Study Question & Answer
  • Introducing Frost & Sullivan 1,700 staff across every major market worldwide Over 10,000 clients worldwide from emerging to global 1000 companies Introducing Frost & Sullivan
  • Today’s Discussion Topics
    • It’s a Digital World, Isn’t It?
    • Getting Your House In Order – Litigation Readiness
    • Planning & Cost Control
    • Frost & Sullivan’s Final Word
  • It’s a Digital World, Isn’t It?
    • Hybrid Records Environment – both paper and electronic-based contracts are used, sometimes side-by-side.
    • Electronic
    • Records
    • Paper-based
    • Records
    Hybrid Records Management The Hybrid Environment
  • Getting Your House In Order – Litigation Readiness
  • Getting Your House In Order – Litigation Readiness
    • Volume of paper can crush litigation readiness
    • Volume of paper can crush litigation readiness
    • What do I have in physical archives?
        • Who has access?
        • Is the audit trail irrefutable?
    Getting Your House In Order – Litigation Readiness
    • Volume of paper can crush litigation readiness
    • What do I have in physical archives?
        • Who has access?
        • Is the audit trail irrefutable?
    • Lack of preparation can be costly
        • $1 million dollars spent by a water company just to find the right documents
          • Expense incurred before the information was reviewed by legal council
    Getting Your House In Order – Litigation Readiness
    • Volume of paper can crush litigation readiness
    • What do I have in physical archives?
        • Who has access?
        • Is the audit trail irrefutable?
    • Lack of preparation can be costly
        • $1 million dollars spent by a water company just to find the right documents
          • Expense incurred before the information was reviewed by legal council
    • What do I image?
    Getting Your House In Order – Litigation Readiness
  • Getting Your House In Order – Litigation Readiness L H L H % of Documents Scanned Activity/Cost Image On Demand Abstract & Selective Scanning Traditional Image all
    • Volume of paper can crush litigation readiness
    • What do I have in physical archives?
        • Who has access?
        • Is the audit trail irrefutable?
    • Lack of preparation can be costly
        • $1 million dollars spent by a water company just to find the right documents
          • Expense incurred before the information was reviewed by legal council
    • What do I image?
    • This isn’t my core competency
        • It’s a line of business in itself
    Getting Your House In Order – Litigation Readiness
    • U.S. Federal Rules of Civil Procedure (FRCP)
        • 90 day turn around time
        • Fines or unfavorable judgments
    Getting Your House In Order – Litigation Readiness
    • U.S. Federal Rules of Civil Procedure (FRCP)
        • 90 day turn around time
        • Fines or unfavorable judgments
    • Dodd-Frank Wall Street Reform & Consumer Protection Act
    Getting Your House In Order – Litigation Readiness
    • U.S. Federal Rules of Civil Procedure (FRCP)
        • 90 day turn around time
        • Fines or unfavorable judgments
    • Dodd-Frank Wall Street Reform & Consumer Protection Act
    • Financial Accounting Standards Board (FASB)
        • Upcoming rules changes
    Getting Your House In Order – Litigation Readiness
    • U.S. Federal Rules of Civil Procedure (FRCP)
        • 90 day turn around time
        • Fines or unfavorable judgments
    • Dodd-Frank Wall Street Reform & Consumer Protection Act
    • Financial Accounting Standards Board (FASB)
        • Upcoming rules changes
    • European regulations
        • What to keep in mind
    • Illigitimus non carbrundum
        • An ounce of prevention is worth a pound of cure
    Getting Your House In Order – Litigation Readiness
    • Prepare first for areas of highest risk
    Planning & Cost Control
  • Planning & Cost Control
  • Planning & Cost Control
  • Planning & Cost Control
    • Prepare first for areas of highest risk
    • Examples
        • Utility industry
        • Transportation
        • Pharmaceutical
          • Every industry has high risk areas
    Planning & Cost Control
    • Prepare first for areas of highest risk
    • Examples
        • Utility industry
        • Transportation
        • Pharmaceutical
          • Every industry has high risk areas
    • End-to-end solution as a cost control strategy
        • Leverage economies of scale
    Planning & Cost Control
    • Prepare first for areas of highest risk
    • Examples
        • Utility industry
        • Transportation
        • Pharmaceutical
        • Every industry has high risk areas
    • End-to-end solution as a cost control strategy
        • Leverage economies of scale
    • Right job for the right resource
    Planning & Cost Control
    • Key Take Aways
        • Strategic partner background and history
        • ROI models – quantifying success
        • Custom analysis and cost saving advice
        • Consulting expertise
        • Interface capability with major legal discovery software platforms
    The Final Word
  • Iron Mountain’s Benchmark Report Survey
      • Large-scale, cross-industry study
      • 3500 GCs, CIO, RM/IT heads, etc.
      • All top industries represented:
        • financial & legal services
        • manufacturing, healthcare
        • technology and insurance
      • Companies asked to self-grade on a 1-5 scoring system
      • Average score = 3.5, indicating variable compliance
  • RIM Policies & Procedures
  • Retention
      • Consistent adherence to retention policy,
      • regardless of media, is critical to litigation preparedness
  • Responding to Discovery Requests
    • < ½ have standard processes for handling discovery requests
    • ¼ implement discovery processes ad hoc
    55% do not have a standard process for handling discovery requests to the law department
  • Warning: Data May Be Hazardous to General Counsel’s Health
      • Increased Risk:
        • - Greater chance of missing critical, relevant data
        • - Gap between stated policies and actual practices
        • - Errors can lead to $ sanctions and adverse decisions
      • Higher Costs:
        • - Inefficient data practices hamper worker productivity
        • - More data x more law suits = soaring litigation costs
        • - Despite economy, outside counsel fees continue to rise
      • Complexity and Stress:
        • - Increasing data volumes, file types and languages
        • - More lawsuits and investigations seeking more kinds of data
        • - New technologies decisions (e.g., “cloud” vs. in-house)
  • Ignorance of the Law ( and Technology) is Not a Defense “ The day will undoubtedly come when burden arguments based on a large organization’s lack of internal eDiscovery software will be received about as well as the contention that a party should be spared from retrieving paper documents because it had filed them sequentially, but in no apparent groupings, in an effort to avoid the added expense of file folders or indices.” Magistrate Judge Maas Capitol Records v. MP3Tunes, 2009 WL 2568431 (S.D.N.Y. 2009) Some conclusions… - Judicial sympathy for large litigious organizations that lack appropriate system resources is coming to an end - Technology can help companies identify, classify, reduce and track data in the ordinary course of business and litigation - The old review standard was never the gold standard – humans fatigue, make errors, apply inconsistent judgments and are slow
  • Iron Mountain’s End-to-End Discovery Solutions Technology that Covers all Stages of the Electronic Discovery Reference Model
    • NearPoint eDiscovery Option
    • eVantage
    • Connected Classify & Collect for Edge Devices
    • Stratify Hosted Services
    • TEMS
    • Digital Records Center
    • NearPoint Archive
    • Accutrac
    • Document Conversion Services
  • Iron Mountain Litigation and eDiscovery Solutions
      • Accutrac® Software - Centralizes access, tracking, management and policy application (retention and holds) to reduce data volumes
      • Document Conversion Services - imaging workflow for litigation (coding, unitization, Bates-stamping) ensures security, control and compliance
      • Legal Discovery® (f/k/a Stratify) - web-hosted review platform; highly-scaleable, accelerated review, advanced analytics, foreign language support
      • NearPoint® (f/k/a Mimosa) -- on-premise email archive, with customizable retention and legal hold and full Sharepoint support
      • eVantage® -- on-premise ECA and review appliance for direct corporate review
      • Consulting Services - Support for initial assessment to preparedness, retention policy development through discovery
    Reduce Costs, Lower Risks, Simplify Processes
  • Iron Mountain Imaging Solution
    • Contain litigation and discovery costs
      • Find, organize and deliver physical records for imaging to meet litigation requirements
      • Rapid access and production of evidentiary data
      • Defensible process for capturing, scanning, coding, hosting and organizing from production though logical unitization
      • Create standard load files to Iron Mountain Legal Discovery and other eDiscovery review platforms*
    • Litigation Readiness and Support
      • Single vendor for total solution
      • Package solution integrated to meet your challenges across the discovery lifecycle
    Customer Benefits
    • Secure Chain of Custody
    • Lower litigation and discovery costs
    • Fast, accurate response to complex litigation requests
    • Auditable Quality
    • Apply policy to reduce data volumes and manage risk.
    • Discovery Portfolio Management
  • Iron Mountain: Image is Everything & Everywhere Broad coverage footprint and industry leading hardware and software ensures fast and reliable first class output. Multiple Sites Single Sites Iron Mountain >150 imaging centers >18 years 26 images scanned globally each month document conversion service countries 50 million
  • Iron Mountain Imaging and Review Workflow
    • Unified Discovery Bridging Physical and Digital Records
      • Defensible process for capturing, scanning, coding, and organizing from production though logical unitization
      • Rapid access and production of evidentiary data for a pending request
      • Create standard load files for Stratify Legal Discovery ® and other eDiscovery review platforms
  • Case Study—Major National Insurance Company New Problem:
    • Huge upfront investment
    • Legacy information not structured to support the solution
    Further Challenge:
    • 440,000 hard copy claims stored in 12+ IM markets across the US. Claims inventory was poorly identified. Only a small % of files were indexed. Thus, identifying and locating responsive records posed major challenge.
    Benefit:
    • The client met the strict court deadline, avoiding imposition of substantial penalties and/or any adverse impact on case merits. Leveraging Iron Mountain’s integrated litigation support solution, ensured secure chain-of-custody throughout the project and eliminated multi-vendor cost run up .
    Situation:
    • Major class action lawsuit impacting over 800,000 hard copy claims files in 12 regional US markets. Court ordered client to scan, review, tag, and produce all documents in a digital format in less than 6 weeks.
    Solution:
    • Iron Mountain inventoried larger document set. Claims files were identified, indexed and culled (significantly reducing volumes), then delivered by Iron Mountain to its imaging centers for scanning.
  • Information Management Identification Preservation Processing Review Production Presentation Analysis Collection Electronic Discovery Reference Model © 2009 Iron Mountain’s End-to-End Consulting Services Experts that Cover all Stages of the Electronic Discovery Reference Model
  • Iron Mountain Consulting Spanning the Entire Information Lifecycle Design Execute Build Information Management eDiscovery Management Records Management
      • Litigation Readiness Planning
  • Case Study – Leading Global Software Provider New Problem:
    • Huge upfront investment
    • Legacy information not structured to support the solution
    Further Challenge:
    • Company litigation data is spread around the company and resides in various forms (e.g., email, loose files, source code) and in various technology systems (e.g., live networks, portable media, myriad eDiscovery technology platforms). Client wants to converge scattered data and capture prior attorney work product.
    Benefit:
    • The client will reduce redundant law firm work and wasted dollars, while reducing errors. As each new matter arises, the repository will be searched and pertinent data will be identified and reviewed, leveraging prior lawyer tags. Documents that were responsive and produced in prior actions or withheld or the basis of attorney-client privileged can reviewed and acted upon in bulk.
    Situation:
    • The company has had dozens of complex litigation matters over the years and, historically, has relied on outside counsel to fully manage discovery and make eDiscovery technology decisions. Client recognizes that it is paying for process inefficiencies, technology limitations and occasional poor decisions.
    Solution:
    • Iron Mountain is building a litigation repository, which will house all prior and future litigation data, regardless of its form or source. Iron Mountain will de-duplicate incoming data, capture prior work product, and safely store data.
  • Total Cost of Management of Information
    • Help customers reduce skyrocketing costs of managing data
    • Instead of “keep everything” or “one size fits all”
    Compliant Data Risk-Relevant Data Transactional Data “ Look Into” “ Look Across” Intelligence Delete Cost Effective, Tiered Storage Active Enterprise Data Enterprise Information (Email, File Servers, Laptops, SharePoint ECM, Images) Business Continuity Long-term Retention eDiscovery Managed for Use Critical Business Assets Permanent Retention Relevant Information
  • Don’t Let The Perfect Be the Enemy of Good
      • Perfect RIM and discovery policies and processes don’t exist
      • Don’t get stuck on defining perfection at the risk of execution
      • Develop reasonable, legally-defensible policies, processes and practices… today
      • Consistently audit and periodically refresh your policies and processes
    Show the courts and regulators
    • You have a policy
    • You are taking reasonable efforts to follow your policy
    • You have a discovery hold process which you periodically test
    • You know what data you have and where it resides
    • Data you destroy is not subject to any legal hold or any compliance regime, or outdated.
  • Thank you. For more information, go to www.ironmountain.com/litigationsupport IRON MOUNTAIN