Rethinking the eDiscovery Process by Kelly Twigger

1. Re-Thinking Your eDiscovery Process Kelly Twigger, esq. Women in eDiscovery September 11, 2014

2. Re-Thinking Your eDiscovery Process Kelly Twigger, esq. Women in eDiscovery September 11, 2014

3. The most valuable commodity I know of is information. - Gordon Gekko

4. Information is a source of learning. But unless it is organized, processed, and available to the right people in a format for decision making, it is a burden, not a benefit. - William Pollard

5. Information Technology and Business are becoming inextricably interwoven. I don’t think anyone can talk meaningfully about one without talking about the other. - Bill Gates

6. Electronic Discovery Reference Model / 2014 / v3.0 / edrm.net First created 2006

7. Original EDRM 2006

8. 2006 Version Electronic Discovery Reference Model / 2014 / v3.0 / edrm.net 2014 Version

9. Think. Think about what you’re trying to do to me. — Aretha Franklin

10. Electronic Discovery Reference Model / 2014 / v3.0 / edrm.net

11. Analysis Electronic Discovery Reference Model / 2014 / v3.0 / edrm.net

12. Analysis Electronic Discovery Reference Model / 2014 / v3.0 / edrm.net Stage 2 Stage 1 Stage 3

13. Stage 1 Analysis What do I need to prove/ disprove? What are the KEY ISSUES? How can I get that information? Who might have it? Where would it be located? What evidentiary issues will I have to overcome?

14. Stage 2 Analysis What does the data tell me? How does the data affect our negotiations for scope? What kinds of data do we have? What is our budget/team for review? What tools will we use for review? What are viable search terms? What problems are we seeing with the data? How can I structure my review more efficiently?

15. Stage 3 Analysis What have I learned about the KEY ISSUES? What additional data, if any, do we need for the case? All requests answered? What else needs to be done to get data to experts? How has our case strategy changed based on the data? What problems are we seeing with the data?

16. Case Study #1: Commercial Breach of Contract Following interviews, identified and pulled 200 GB + 5 hard drive images for analysis; additional 65 GB from third party (total 500GB) Significant ramifications for both parties in publicity over matter Fire drill — on prod deadline Analysis: Index data, further discussions with custodians to filter data down for review

17. Case Study #1: Commercial Breach of Contract Following analysis of indexed data, culled original data set of 500+ GB down to 12 GB for review — total cost $30,000 Cost to load into Relativity @ $200/GB = $2400 Cost to load all collected data = $440,000 Cost Savings BEFORE review = $407,600

18. Case Study #2: Mass Tort Product Liability Case 600 GB of data provided to counsel in various forms, most as TIFF images (initial production) Value of cases low, needed to understand data to develop strategy Requested native data; court denied Used tool to index data, pulled out key doc types and then analyzed using search terms, discussion with experts

19. Case Study #2: Mass Tort Product Liability Case Total spend $18,000 to index data and review it for strategy Loaded 1/4 of responsive data into Relativity for review but managed it according to progress of the case — total cost less than $10,ooo Total spend for 600 GB BEFORE review = $28,000

20. Case Study #3: Mass Tort Product Liability Case ESI Role was to act as discovery counsel; identify tool and provider 2 bids already received, ESI scoped needs for case and identified other providers to review Selected tool and provider, managed set up of database, training and tagging structure

21. Case Study #3: Provider Comparison Chart ! ! Database!Vendor!Comparison!Chart! ! !! ! Vendor!A! Vendor!B! Vendor!C! Vendor!D! TOTAL!COST!OF! DATABASE!WITH! ANALYTICS! FOR!1!YEAR! ! $94,200! (includes! two!weeks!of! analytics)! ! $287,490! ! ! $409,015! ! $354,475! Monthly! Database!Costs! to!Store!Data! and!Use!Tool*! ! $6,850! ! $23,645! ! $4,905! (per!GB!rate!if! customer!uses! analytics,!if!not,! higher!per!GB)! ! $17,825! Annual!! Database!Costs*! ! $82,200! ! $283,740! ! $58,860! ! $213,900! ! Processing!Costs! ! $0! (Included!in! platform! monthly! database! costs)! ! ! $450/GB!! (Provider! charges!to! convert! data!to! required! pdfs)! !! $195,750! ! $21,000!! (600!GB)! ! $67,500! (assumes!300! GB!after! analytics)! ! Analytics**! ! ! $6,000/week!! !! ! Not!! Available! ! $147,000! !(one!time!cost! per!GB)! ! $32,000^! Project! Management***!! ! $0! ! $3,750! ! $2,500! ! $2250! ($750!(set!up! fee)!+!$1500)!! ! *Assumes!675!GB!of!data!loaded!into!the!database!with!10!monthly!users!! **Assumes!use!of!analytics!on!600!GB!of!email!and!documents!from!15!key! custodians! ***Assumes!10!hours!of!project!management!time!over!course!of!project! ^Assumes!400,000!items!to!be!reviewed!with!analytics!at!$0.08/item!! !

22. Case Study #3: Provider Comparison Chart ! ! Database!Vendor!Comparison!Chart! ! !! ! Vendor!A! Vendor!B! Vendor!C! Vendor!D! TOTAL!COST!OF! DATABASE!WITH! ANALYTICS! FOR!1!YEAR! ! $94,200! (includes! two!weeks!of! analytics)! ! $287,490! ! ! $409,015! ! $354,475! Monthly! Database!Costs! to!Store!Data! and!Use!Tool*! ! $6,850! ! $23,645! ! $4,905! (per!GB!rate!if! customer!uses! analytics,!if!not,! higher!per!GB)! ! $17,825! Annual!! Database!Costs*! ! $82,200! ! $283,740! ! $58,860! ! $213,900! ! Processing!Costs! ! $0! (Included!in! platform! monthly! database! costs)! ! ! $450/GB!! (Provider! charges!to! convert! data!to! required! pdfs)! !! $195,750! ! $21,000!! (600!GB)! ! $67,500! (assumes!300! GB!after! analytics)! ! Analytics**! ! ! $6,000/week!! !! ! Not!! Available! ! $147,000! !(one!time!cost! per!GB)! ! $32,000^! Project! Management***!! ! $0! ! $3,750! ! $2,500! ! $2250! ($750!(set!up! fee)!+!$1500)!! ! *Assumes!675!GB!of!data!loaded!into!the!database!with!10!monthly!users!! **Assumes!use!of!analytics!on!600!GB!of!email!and!documents!from!15!key! custodians! ***Assumes!10!hours!of!project!management!time!over!course!of!project! ^Assumes!400,000!items!to!be!reviewed!with!analytics!at!$0.08/item!! !

23. Case Study #4: Third Party Subpoena Response Non-party subpoena response in small business dispute Data requested was 2 years and 10 custodians’ email Analysis: Review data Understand timeframe for data that was really needed Use low cost DIY tool for review and production

24. Tell the client what you learned: The Project Report Provides a record for you and the client to go back to when you need to remember WHAT you did and WHY Includes all detailed information as well as metrics about what actions and decisions were made during project Especially important due to time lapses and employee changeover

25. Takeaways Focus less on the PROCESS and more on the THINKING Emphasize the NEED to start EARLY Make decisions that are best for the case and for the long term goals for the client FOLLOW UP — finish the project cleanly

26. Ask ESI One hour consulting session to discuss strategy, ask questions, inquire about tools, etc. with Kelly Pay via credit card online and schedule session Sign up via ESI Attorneys website

27. eDiscovery Assistant™ app for iPad Rules Case Digests Checklists Templates Glossary Resources

28. Individual Rule Summaries Downloadable checklists

29. Questions?

30. Stay in Touch with ESI Attorneys Subscribe to the blog: www.esiattorneys.com ! Follow us on Twitter: @esiattorneys ! Connect on LinkedIn: ESI Attorneys Company Page ! Facebook: ESI Attorneys

31. Thank you!! Kelly Twigger, esq. ktwigger@esiattorneys.com 303.379.3068 ! Twitter: @kellytwigger LinkedIn: Kelly Twigger

Rethinking the eDiscovery Process by Kelly Twigger

ESI Attorneys LLC

Rethinking the eDiscovery Process by Kelly Twigger