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Legal Hold Software Buyers Guide

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A roadmap to getting your lit hold process under control.

If you’re new to buying software systems, we understand the process can feel a bit daunting. This 7-Step Guide is built from our many experiences of working with people just like you. By knowing what to expect, you will be better prepared to navigate the internal processes and set realistic timelines – which will mean a lot less frustration for you.

This Guide walks you through the process, from developing requirements and budgeting, to building a sound business case for management and gaining approval from IT. Every step can be daunting, but we will show you what has worked for many who have come before you.

Now take the first step in taming your legal preservation so that you can have the peace of mind from knowing you have a rock-solid, defensible process that frees you up to focus on the important stuff.

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Legal Hold Software Buyers Guide

  1. 1. © 2012 Zapproved Inc.1The Pension Committee of the Univ. of Montreal Pension Plan, et al. v. Banc of AmericaSecurities LLC, et al. Amended Order, Case No. 05-cv-9016 (SDNY Jan. 15, 2010)YOUR GUIDE TO BUYINGLEGAL HOLDMANAGEMENT SOFTWAREA roadmap to getting your lit hold process under control.If you’re new to buying software systems, we understand the process can feel abit daunting. This 7-Step Guide is built from our many experiences of workingwith people just like you. By knowing what to expect, you will be better preparedto navigate the internal processes and set realistic timelines – which will mean alot less frustration for you.This Guide walks you through the process, from developing requirements andbudgeting, to building a sound business case for management and gainingapproval from IT. Every step can be daunting, but we will show you what hasworked for many who have come before you.Now take the first step in taming your legal preservation so that you can have thepeace of mind from knowing you have a rock-solid, defensible process that freesyou up to focus on the important stuff.LET’S GET STARTED.
  2. 2. www.legalholdpro.com © 2012 Zapproved Inc. All rights reserved.Checklist for Buying Legal Hold Management SoftwarePlan to finish the process in 60 days or less.1. Define your legal hold needs andrequirements2. Establish your budget3. Evaluate your legal hold options4. Make a business case to management5. Get IT buy-in6. Finalize the contract7. Roll out legal hold management systemONE: Define your legal hold needs and requirementsHow does your legal hold process work today? Do you know where your efforts fall short?What would you do if you had to defend your process before a judge? How much staff timedoes your existing process really consume? Do you know the status of your holds right now –and what would it take to produce a defensible report if requested? Is your custodianacknowledgment rate adequate? Do your custodians need to be able to acknowledge holdnotices from Mac or mobile devices? How often do you send reminders? When and how doyou release legal holds?As the courts have demanded a higher standard with legal holds, many organizations are re-evaluating their process. After reviewing the list of questions above, do you haveconfidence that you can answer them all adequately? If not, then it is time to audit yourprocess and identify the gaps that are contributing to your organization’s data preservationcosts and risks. For more information, see Intelligent Preservation.TWO: Establish your budgetHow many legal holds do you have? How many do you anticipate? How many custodiansneed to be notified? What is your exposure of using your current process? What’s it going tocost? Do you need it to integrate with other systems?With this data, it is possible to understand your existing costs, even if they are ‘soft’ costs ofstaff salaries. With the knowledge of what you spend in dollars and time, you can rationallymodel the benefits of having an automated legal hold management system in place.12
  3. 3. © 2012 Zapproved Inc. All rights reserved. www.legalholdpro.comA VERY, VERY SHORT PRIMER ON SAAS VS. INSTALLED SOFTWARESoftware-as-a-Service (SaaS)(aka Cloud, Hosted)Installed Software(aka Traditional, On-Premise)Simply put, this is software that youuse through a Web browser. Data issecurely hosted on an external servervia the Internet. Gaining in popularitydue to lower costs.Overview Software that is installed on acorporate network. Requiresinstallation on servers and regularmaintenance. Difficult to access forcustodians.Subscription model – lowercommitment, pay what you consumeFinance Capital expenditure involves longerbuying cycle, bigger commitmentProduct constantly evolves andimprovesUpdates Customer pays for enhancements,upgrades require attentionShared infrastructure, part of theproductEquipment Customer provides theinfrastructureProvider supports and maintains Maintenance Customer supports and maintainsDeployment is immediate and easy Timelinessand CostDeployment takes time, money andIT resourcesTHREE: Evaluate your legal hold management software optionsWhat are various approaches of each software package – standalone, part of a largersoftware package, installed on-premise, or hosted? How much does it cost in license andmaintenance fees? Is it easy to learn and use? What IT resources would be needed to deployand maintain it? Would you need to purchase additional equipment? Are there hiddencharges such as training, support, maintenance and upgrade costs?Time to do your due diligence. Look at what software tools are available and educateyourself about what they can do for you. Ask your outside counsel. Check with others inyour professional network. Schedule a product demonstration. Doing your research nowwill enable you to proceed with confidence.FOUR: Make a business case to managementWhy do you need this system? How will it help you? How will it help the organization?At some point, the person who oversees spending is going to ask those questions. It’sinevitable, so be ready. Prepare a complete assessment of risks and inefficiencies, and besure to fully articulate what you would do today if your data preservation practices werecalled into question or a motion for spoliation sanctions was filed against your company.34
  4. 4. www.legalholdpro.com © 2012 Zapproved Inc. All rights reserved.Next, you need to present a detailed estimate of the costs of a new legal hold managementsystem. Evaluate the Total Cost of Ownership (TCO) which factors in IT infrastructure costs,opportunity costs associated with managing and maintaining hardware and software, andthe productivity loss of dealing with a poorly designed or manual process. It takes a littleeffort to be ready, but getting executive buy-in and budgetary approval can be a shortconversation if you’ve done your homework.FIVE: Get IT buy-inHow is the software delivered? What installation is required and how many IT resources willbe needed to support it? Will your data be safe and secure?Having your IT team do its due diligence is a necessary and important step. We have workedwith many IT teams to provide the information they need to be confident. Our team canprovide security documentation and the results of testing by some of the most demandingclients in the industry. We frequently have a special meeting with our technical team toanswer any concerns.SIX: Finalize the contractWho is responsible for reviewing contracts and executing purchase orders? How long is theterm of the subscription? What are the expectations around payment?It’s easy to get lost in the details of a multi-page contract. Our standard agreement hasbeen updated in order to expedite the purchasing process. We work with lawyers andprocurement staff to help them understand our product and some of the aspects of“software-as-a-service” with which they may not be familiar.SEVEN: Roll out the legal hold management systemWho will be using the legal hold management system and need admin rights and training?How do we import our contacts and set up our templates? Will our custodians know what todo?Now it is time to ensure a successful implementation so that you can realize the benefits ofautomating the litigation hold process. Fortunately our system is intuitive so training issimple and can often be conducted with one online session. Our support team will assistwith navigating a couple of technical issues, including working to ensure email deliverabilityand importing contact lists. We can also share with you ways to inform your custodians sothat they know what to do when they receive their next hold notification.567

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