Unlocking discovery through a data driven culture (mortensen-stern)
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Kate Mortensen and Drew Stern from Xact Data Discovery gave a presentation on unlocking discovery through a data-driven culture. They discussed how law firms and corporations can embrace technology and data by designating leadership to guide data initiatives, understanding best practices and their own data strengths and weaknesses. They also presented a case study on using data analytics across multiple matters to optimize eDiscovery and reviewed efforts. Stern and Mortensen advocated adopting a programmatic approach to cultivate a culture of data-driven decision making and continuous innovation through aligning people, process and technology and re-discovering value from big data.
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Unlocking discovery through a data driven culture (mortensen-stern)
- 1. Kate Mortensen: Chief Legal Officer & Drew Stern: MD & VP, Esquify UNLOCKING DISCOVERY THROUGH A DATA-DRIVEN CULTURE Ipro Tech Show Conference 4/29/19
- 5. THE WAY IT WAS…
- 6. THE WAY IT IS…
- 9. EMBRACE A TECHNOLOGY & DATA FRIENDLY CULTURE? HOW TO
- 10. SESCTION 1: MAKING THE CASE GAINING ALIGNMENT ON WHERE AND HOW TO LEVERAGE BIG DATA IN YOUR PRACTICE. a team to lead the charge DESIGNATE Leadership SIGN-OFF & ACCOUTABILITY and data best practices UNDERSTAND THE MARKET Funding and RESOURCES
- 11. eDISCOVERY: BEST PRACTICE EDRM: USING DATA FROM END to END Preservation Collection Processing Review Analysis PresentationProduction Information Management& Identification
- 12. UNDERSTANDING ACTIVE LEARNING AI & eDiscovery System Learning Predictive Coding Advanced Analytics Human Evaluation Train Documents Set Case Protocol Document Production TRAIN ANALYZE EVALUATE
- 14. CASE STUDY: CROSS MATTER DATA Attorney Case Type Prior Results Law Firm FIRMS & CORPORATIONS Pre-Discovery Negotiation Efforts and Their Effects Internal/External Resource Selection and Allocation Relative Efficacy of Different ECA and Review Strategies Costs, Broken Down by Resource, Process, and More
- 15. CASE STUDY: BIG DATA LAND TRACKER
- 16. CASE STUDY: REVIEWER DATA Proprietary AI Performance & Reviewer Data Document Data & Analytics Review/er Analysis & Case Optimization Case Inputs & Reviewer Selection
- 17. DRIVING CHANGE BUILDING A DATA-DRIVEN ORGANIZATION SESCTION 2: CULTURE
- 19. KNOW AND BUILD ON YOUR DATA WEAKNESSES AND STRENGTHS UTILIZING DATA AND TECHNOLOGY WEAKNESS AVERAGE STRENGTHS Billing Review Processing Cross Matter ACTION: Performance Other Data…
- 20. 20 A PROGRAMMATIC APPROACH Know what’s standing in the way of your organization’s adoption of technology and address it head on. Understand the technology that’s out there in the market and try new tech! Analyze where and how that technology can help address your organization’s business problems. Set goals that include technology adoption and reward the people that drive innovation. PEOPLE ALIGN PROCESS TECH TO DATA & TECHNOLOGY ADOPTION
- 21. STEP 1: CULTIVATE & HARVEST
- 23. STEP 3: INNOVATE
- 24. STEP 4: REPEAT & CREATE A CULTURE OF INNOVATION
- 25. TAKE AWAYS data-driven decision making ALIGN PEOPLE, PROCESS, TECH REDISCOVER Y MAKETHE CASE cultivate and benchmark BIG DATA DRIVES VALUE investigate Evaluateyourorg’suseofdata look at successes Look to innovate across EDRM
Editor's Notes
- Unlocking Discovery Through a Data-Driven Culture
- Kate Mortensen, Esq. Chief Legal Officer, Xact Data Discovery JD and MBA in St. Paul, MN 12 years as litigator in Minneapolis, MN Risk and compliance expertise Oversight all XDD legal matters / outside counsel Implementation of strategic business initiatives Frequent educational contributor with clients
- Non- law background. More technical & strategy
- Unlocking “Big Data.” We hear about it all the time in other industries and the value it drives to the companies that use it successfully. So, how can we, the legal/eDiscovery community, leverage the power of data to drive insight and value while fostering data-driven cultures? In this session, we walk through the benefits, opportunities and methods for deploying a “Big Data” approach and the ways to promote a data-driven culture
- The old way of doing things Linear approach One-dimensional Manual, Bates Stamp approach
- The state of today, is the actual process looks like this- but we’re still thinking about it the old way… it hasn’t progressed much: Explosion of Big Data: Big data is traditionally characterized by reference to four V’s: velocity, variety, volume, and veracity Generally within law, there’s a misalignment of this reality and what’s happening boots on the ground. Law schools aren’t teaching Many enter the market without practical tools & orgs aren’t armed with tools to advocate & embrace tech
- Why embrace technology? Why not just do it like you’ve always done it? What can technology do for your organization: Technology makes the data manageable- It aligns the realities of a data driven world to the business & legal strategy Driving benefits: Create efficiencies Drive cost savings Help develop and streamline Legal-Operations Creating competitive advantage if harvested correctly
- What’s the benefit to unlocking those ‘data doors?’ - Big data enables managers to measure more and, therefore, to know “radically more” about their businesses. - Managers can “directly translate that knowledge into improved decision making and performance. Big data makes it possible to implement data-driven decision making “in areas that so far have been dominated by gut and intuition rather than data and rigor. Big data in conjunction with technology unlocks automation
- How do we shift our legal culture to consistently tap into the value of tech and data? And, how do we foster a culture that develops data? How do we embrace it? And, it’s a race. If you’re not doing it--- someone else will.
- Overview: Information Management & Identification Data Mapping: IT and legal should work hand in hand to build an ESI map on the network Same map can be used to drive and enforce data retention and management Information Management: The more organized the storage infrastructure the faster you’re going to be able to fulfill data production requests – encourage clients to have good data hygiene Identification: Identify likely relevant data involved in potential and active legal matter(s) Preservation Preservation: Have a preservation data strategy that… ? Collection & Processing Understanding the size an impacts of your data collection On processing, collect best practices from prior cases for what strategies to deploy Rely on up to date tech Evaluate the relative performance of different tools on speed and accuracy • Better predict the time and resources required for any given processing job • Measure the efficacy of objective filtering techniques for various purposes Early Case assessment: Learn what approaches work best for what source or case types • Compare ECA data volume reductions with review results to benchmark ECA • Analyze assorted analytic tools for relative time required and benefit achieved Review: Utilize rich review data to deliver the best results Tap into continuous active learning Harvest data over time to understand big data trends Measure the comparative efficiency of various team structures and workflows 6 White Paper: Business Intelligence for Better eDiscovery I 2017 Page | 6 • Discover optimal batch size and document organization strategies for your reviews • Answer for your organization the question of whether and when TAR is worth it Analytics- Use Active learning- Humans & machines working in concert
- Also contract review, but
- Use the data you have & optimize cross matter: Spot trends in your litigation portfolio that can aid in program planning and budgeting • Establish overall program benchmarks for cost-per-document, collection efficiency, etc. • Determine which tasks and phases are best handled internally and which externally Let’s look at some examples…
- In-house counsel can use analytics to figure out . . . which attorney or law firm has the best track record in defending against biotechnology-related infringement claims. Lawyers can examine a particular judge’s rulings on cases involving "patent trolls” and find consistencies. Attorneys can discover which companies tend to go to trial and which generally settle.56 Major law firms leveraging intelligence to deliver higher quality services and gain competitive advantage, including: Alston & Bird; Proskauer; Winston & Strawn; Hunton & Williams; and, Simpson Thatcher. Also: • Duration and Throughput for Resources and Processes • Overlaps in Matters’ Scope, Implicated Sources, Etc.
- Bricker & Eckler Land Tracker Bricker & Eckler used Relativity to build a solution for a natural gas distributor in the process of developing an interstate pipeline to organize information related to thousands of real estate documents and manage the data of multiple landowners, tracts, and lawsuits. The user-friendly system compiles documents from a variety of sources, even creating litigation documents with the click of a button.
- Esquify case study
- Me is so important in memorable--- it’s in there twice! How do you get things done in business or school? You can be the best person to get something done, but it doesn’t matter unless you can convince others to believe to give you a shot. How many of you had to write essays to get into NU? What did you do to get in? You convinced the admissions board to believe in you.
- Goal is to Programmatically include data within business processes and decision making… and then harvest that data in a creative way that drives business differentiation. So let’s start with the left side… how do you get there
- Self- business data evaluation… Take stock in where you are Take an assessment via a balanced scorecard approach to data & technology usage at key phases of your business Amp up your strengths--- work on weaknesses Then set a plan on how you want to address each area..
- How to use People, Process, Technology to make Discovery enjoyable! Aligning people, process and technology Have owners and align stakeholders Share successes and learnings Reward teammates that use data effectively What is standing in the way Not knowing where to start- Start with what you know- collect the data you already have available Time- Be inquisitive and hold yourself/organization accountable for taking the time to triage data Fear of what you will find (inefficiencies, unknowns and the unexplained)- These are opportunities Have Exec aligned special projects Have employees have x% of time to look into creative problem solving Reward the folks for a job well done.
- How to use data day-to-day - The process: Cultivate, harvest & benchmark Investigate, find the story in the data Look for outliers, anomalies and things you wouldn’t expect to see
- How to use data day-to-day - The process: Investigate, find the story in the data Look for outliers, anomalies and things you wouldn’t expect to see
- How to use data day-to-day - The process: Take that story and business opportunity and set goals against creating a solution. Productize the data and be creative To implement tap into existing tech to leverage the opportunity or, create new tech if needed Try new things- reward your team
- Create a process, continue to look for opportunities, stories in the data, and Try new things- reward your team