This document summarizes a panel discussion on building an in-house eDiscovery program. The panelists represent various life science companies and discuss the pros and cons of bringing eDiscovery in-house versus using external vendors. They address key challenges around complexity, commitment, control, and cost. Building a successful in-house program requires assessing the complexity of cases and operations, securing long-term commitment of resources, maintaining control over the process while leveraging external expertise, and ensuring cost-effectiveness and budget sustainability. The panel provides advice on evaluating these factors and establishing a core team to efficiently manage eDiscovery internally.

1. AN IN-HOUSE eDISCOVERY PROGRAM:
WHERE DO YOU FALL ON THE SPECTRUM?
2nd Annual eDiscovery for the Life Science Industry
Philadelphia, PA
February 28, 2012

2. Panelists
 Dawn Pawlitschek
Legal Program Manager
COVIDIEN
 Marnie Carter
Manager, Records and Information Management, Commercial Legal Affairs
GILEAD SCIENCES, INC.
 Beth Rauker
Legal eDiscovery Manager
MEDTRONIC
 Stephen D. Whetstone, Esq.
Vice President and Legal Sector Leader
PITNEY BOWES
 Spiwe L.A. Pierce, Moderator
Associate General Counsel, Litigation
SMITHS MEDICAL

3. Dawn Pawlitschek
Legal Program Manager
Covidien
Dawn Pawlitschek has a BS degree in Paralegal Studies from Rivier College,
Nashua, NH. Dawn has more than 25 years of law firm and corporate law
department experience specializing in Intellectual Property and Complex
Litigation.
Dawn joined Tyco Healthcare in January, 2001 as a Sr. Intellectual Property
Paralegal and has held various positions in the legal department since that time.
Dawn was named as the Legal Program Manager in 2006 prior to the company’s
separation from Tyco International. Dawn is responsible for legal department
technology, budgeting, vendor relationships, e-discovery and serves as the
Records Coordinator for the Corporate location.
Dawn stays current and familiar with legal technology and the EDRM process and
has been involved with both internal processing and use of outside vendors for
those purposes.

4. Marnie Carter
Manager of Litigation Operations
and Information Management
Commercial Legal Department
Gilead Sciences, Inc.
Marnie Carter previously held the position of Manager of Records and
Information Management. Ms. Carter has been employed in the legal profession for over twenty
years with substantial experience in case project and discovery management and litigation.
Previously, Ms. Carter was the Paralegal Supervisor for the Silicon Valley Office of Weil, Gotshal &
Manges LLP. She additionally functioned as a Senior Paralegal in the Patents Practice Litigation
Group. In this role, Ms. Carter managed federal and state litigation cases as well as those pending
before the ITC and in arbitration. She was heavily involved in the consultation, training,
supervision and management of electronic discovery and electronic evidence projects at Weil in
addition to serving as an advisor on their EDiscovery Sourcing
Committee.
Ms. Carter is the Western Regional Director for Women in EDiscovery and founding Co-Chair of
the Silicon Valley Chapter of Women in EDiscovery, Board Member with the Steering Committee
for the Silicon Valley Chapter of the Association of Litigation Support Professionals and an active
member of the Bay Area Litigation Support Professionals. She is also an active member with the
International Paralegal Management Association (IPMA) and the International Legal Technology
Association (ILTA).
Ms. Carter majored in International Business Law at the University of San Francisco and
attended the Paralegal Studies Certificate Program at San
Francisco State University.

5. Beth Rauker
Legal eDiscovery Manager
Medtronic
Beth A. Rauker – eDiscovery Program Manager
Beth is currently the eDiscovery Program Manager at Medtronic, Inc. Since joining
Medtronic in 2008, Beth has managed eDiscovery issues relating to a variety of litigation
matters as well government investigations. In her role as eDiscovery Manager, Beth has
focused on eDiscovery process development, technology assessment and implementation as
well as eDiscovery cost management.
Prior to joining Medtronic, Beth was a Senior eDiscovery Project Manager for Merrill
Corporation in St. Paul, MN where her responsibilities included planning and managing
large eDiscovery matters for law firms and corporate clients. In addition, Beth has over 16
years legal industry experience working as paralegal and senior paralegal for such firms as
Oppenheimer Wolff & Donnelly LLP and Robins, Kaplan, Miller & Ciresi LLP.
Beth holds a BA in Political Science from the University of Wisconsin and a Paralegal
Certificate from the Minnesota Paralegal Institute.

6. Stephen D. Whetstone
Vice President and Legal Sector Leader
Pitney Bowes
Stephen D. Whetstone, Esq., is Vice President and Leader of Pitney Bowes Legal Solutions (PBLS), which is
comprised of on-site, near-site and off-site facilities management (FM) and legal discovery services. Pitney Bowes
has been a leading managed services provider to law firms, corporations and government agencies across the U.S.
for more than 30 years and also has broad capabilities and deep expertise in complex eDiscovery and traditional
litigation support services. Stephen is responsible for all facets of PBLS' business and oversees 2000+ employees
who work hand-in-hand each day with PBLS clients.
Prior to joining Pitney Bowes in 2011, Stephen was the General Manager of Iron Mountain Legal Discovery (f/k/a
Stratify), a leading cloud-based eDiscovery technology and service provider.
Before joining Stratify in 2005, Stephen was a litigation partner at Testa Hurwitz, where for 11 years he represented
clients in securities class actions, government and internal investigations, patent and intellectual property
matters, and other complex commercial litigation that often turned on analyzing large volumes of electronic and
hard copy data.
Before joining Testa in 1994, Stephen was a litigator at Skadden, where he spent significant time managing
electronic and hard copy document review. Prior to Skadden, Stephen spent several years working in the political
arena and with the media, including as former Chief-of-Staff for Massachusetts State Senator (now Congressman)
John W. Olver. Stephen has written several papers on legal discovery and technology developments and best
practices, which have appeared in, inter alia, the National Law Journal, Legal Times, IP Litigator, Inside Counsel,
Privacy Law Journal, and many other prominent national publications.
Stephen is a frequent speaker at national and international conferences and CLE programs on legal discovery
developments and best practices.

7. Spiwe L.A. Pierce
Moderator
Associate General Counsel - Litigation
Smiths Medical
Spiwe is responsible for managing global litigation, which encompasses areas including product liability, complex
commercial, employment, and intellectual property litigation.
In 2011 she pioneered the eReadiness document management project across all US and Canada sites. The successful pilot
resulted in the planned expanded roll-out across all Smiths Medical facilities globally, which will begin with eight
additional countries in FY2012.
Spiwe serves as internal general counsel to the operations in Brazil, France, Italy, Portugal, South Africa, and Spain.
Spiwe is a Fellow of the American Bar Foundation, an honorary organization of lawyers, judges, and legal scholars whose
public and private careers have demonstrated outstanding dedication to the welfare of their communities and to the
highest principles of the legal profession. The number of State Fellows in each jurisdiction is limited to one third of one
percent of the lawyer population.
In 2011, she also accepted an invitation to join the Douglas Amdahl Inn of Court, American Inns of Court, an invitation-
only amalgam of judges and lawyers whose objective is to improve the skills, professionalism and ethics of the bench and
bar.
Spiwe is Past President and Webmaster, Vice President, Treasurer and Board Member of the Minnesota Association of
Black Lawyers (MABL). She is a member of the American Bar Association, Minnesota State Bar Association, Association
of Corporate Counsel, and board member of the Lewis Sports Foundation, which was founded by Dr. Leo Lewis, former
wide receiver for the Minnesota Vikings.
Spiwe has taught numerous CLE’s and community legal education programs, and published articles for various
publications, including the eCommerce chapter of the Iowa Legal Research Guide, William S. Hein & Co, Inc. (2003).

8. Issue:
Can a company successfully and efficiently bring an eDiscovery program completely in-
house while cutting costs on using external vendors, achieving a high return on
investment and remaining compliant with eDiscovery laws?
We Will Address:
 Pros and cons of an in-house eDiscovery program
 How to build an internal eDiscovery program
Challenges and Considerations of
The Four C’s:
 Complexity
 Commitment
 Control
 Cost

9. Complexity
 Size of operation/business/legal department
 Sophistication of internal litigation/eDiscovery team
 Complexity of each case/project
 Ongoing need
Initial team discussion is key

10. Commitment
 Level of company commitment
 Internal resources & structure
 Available human & financial resources
Are resources available long term or are there conflicting
projects?

11. Control
 Internal vs. external competencies
 Outside counsel’s involvement
 Data storage (onsite vs. 3rd party)
 Third party providers
Having a core team of external resources who are familiar with
the company and can move efficiently within it is critical

12. Cost
 Budget
 Best utilization of funds
 Long term project sustainability
Whose money can we use?

13. Final Questions