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.
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ESI Attorneys
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!
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!
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Facebook: ESI Attorneys

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