Kelly Twigger of ESI Attorneys leads a panel to talk about the key steps in controlling costs and getting to the point in eDiscovery.

1. The Top Five Things
You Need to Know
to Conduct
Better eDiscovery
(and avoid the Money Pit)
March 29, 2016

2. Kelly Twigger
Principal of ESI Attorneys — Advises clients on all
aspects of preparing for and conducting eDiscovery
and IG
Fluent in legal, business and IT
Co-author of Electronic Discovery and Records and
Information Management Guide (updated annually),
published by West
Creator of eDiscovery Assistant™, virtual online
eDiscovery Consultant for legal professionals
Rabid Kentucky basketball and Packers football fan

3. Matthew Stippich
President, Professional Services, Digital
Intelligence, Milwaukee, WI.
Co-author of Electronic Discovery and Records and
Information Management Guide (updated annually),
published by West
Uses the knowledge of digital forensics to provide
creative ways to attack the challenges of litigation
and eDiscovery
Alderman, Wauwatosa
Multi-award winning chili cook!

4. Sarai Guerra
Senior Vice-President, Professional Consulting
Services at Ipro; previously Manager of Practice
Support Operations, Latham & Watkins
Works closely with law firms, corporations,
service providers and government agencies to
improve internal eDiscovery processes
Strong technical background with 12 years in
eDiscovery industry
Scuba diving country music fan living in
California

5. A party has a duty to preserve information
that may be responsive when it knows about
or reasonably anticipates litigation.
— Zubulake v. Warburg, 220
F.R.D. 212 (S.D.N.Y. 2003)

6. ESI Challenges
Volume of data (in GB)
Cost
Volume is directly tied
to cost
196.3 billion emails
sent daily
$1.4 million to handle
1 TB data

7. Poll Question:
What types of matters are you
handling?

8. Answers
A. General commercial matters/IP
B. Employment matters
C. Regulatory investigations
D. Products Liability or Personal Injury
E. Divorce or family matters
F. Other

9. #1
Recognize that ESI
can exist in any size
case

10. What ESI is Out There?
Start thinking specifically about ESI that
may exist and locations
Take an investigative approach —
consider Data Equality; organize data by
type
Technology is only one piece of the
puzzle — applying legal thought is key

11. Sources of ESI
Word docs
agendas
powerpoints
photographsspreadsheets
DatabasesVideoAudio files
Text messages
Annotations in board portal
GPS data
email
social media
instant messages

12. #2
Be Strategic About ESI

13. Apply Litigation Strategy to Discovery
Identify the MONEY documents
Avoid the broad, all-encompassing
discovery requests
Communicate internally and with
the other side

14. #3
Case Knowledge for
ALL team members is
critical

15. Poll Question:
What is your role within the
eDiscovery process at your
organization?

16. Answers
A. Attorney
B. Paralegal
C. Litigation Support Professional
D. Service Provider or Consultant

17. Team — version 1
Partners Associates Paralegal
Litigation
Support

18. Team — version 2
Lawyers
Outside
Providers

19. Team — version 3
Lawyers
Litigation
Support
Outside
Providers

20. Define Team Roles
Lawyers
Paralegals
Litigation
Support
Outside
Providers
case analysis, discovery strategy,
custodian identification, knows facts
implements discovery plan, needs to
know facts; may handle data
handles data, needs to know what you
are looking for and why; value of case
collects/handles data, needs to know
what you are looking for and why; value
of case and budget

21. Communicate with the Team
Lawyers
Paralegals
Litigation
Support
Outside
Providers
Scheduling Order
Client goals
PR Considerations
Date Range
Key Custodians
Timing of MTD or SJ, etc.

22. #4
Understand
eDiscovery Cost
Structure

23. Poll Question:
What is the average value of
the matters you are handling?

24. Answers
A. >10K
B. Between $10K-$50K
C. Between $50-100K
D. $100K to $1 million
E. More than $1 million regularly

25. Know What Costs You Can
Minimize and Eliminate
Be thoughtful about preservation
scope
ECA can reduce cost significantly
Utilize remote collection/targeted
collection
Have eDiscovery professionals
provide input into what is collected

26. #5
Identify Tools for Use
with Any Size Matter

27. Factors in Tool Selection
How many cases/volume of data
annually?
Internal resources vs. external — do
you need PM/database mgmt?
Identify client needs that you will
support
Budget — outright cost/ROI
NO one size fits all

28. Collection
FTK Imager
Harvester
eCapture
Review
Eclipse SE
Everlaw
Adobe
Nextpoint
Logikcull
ECA
Proof Finder
Intella
EDT
Cost-Effective Tools
***Understand the limitations of each tool***

29. Thank You to our Sponsor!

30. Participants can receive a 10%
discount on Eclipse SE from Ipro
(regularly $750/license)
Visit
https://my.iprotech.com/ESI_Promo.ht
ml
and enter code ESI10

31. Participants will receive a one
month free trial to eDiscovery
Assistant™ — Your Virtual
eDiscovery Consultant

32. Speaker Contact Info
Kelly Twigger
ktwigger@esiattorneys.com
Twitter @kellytwigger
www.esiattorneys.com
Matt Stippich
mstippich@digitalintelligence.com
www.digitalintelligence.com
Sarai Guerra
sguerra@iprotech.com
www.iprotech.com

33. Thank You!