bringing e discovery in house with clearwell-final_111215
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Bringing eDiscovery
In-House with ClearwellImplementing Processes and Technologies to
Reduce Risk and Increase Cost Savings
Doug Kaminski, Clearwell, Symantec
Shannon Smith, Esq., Globanet
Presenters
2
Doug Kaminski, Director of Sales – North Central and Northeast, Symantec
As a Director for Clearwell, now part of Symantec, Doug works on a regular basis with
thousands of legal professionals around the country in both law firms and major
corporations. He is a frequent speaker and author on e-discovery related topics, a
member of the Detroit Bar Association, and is on the Board of the Society of Corporate
Secretaries & Governance Professionals. He has delivered over 300 CLE presentations for
legal professional groups and his articles have been published in Corporate Counsel and
other legal publications.
Shannon Smith, Director of Information Governance & General Counsel, Globanet
Shannon Smith is the Director of Information Governance and General Counsel at
Globanet where she manages a portfolio of ediscovery and compliance offerings.. As
an experienced attorney, Shannon brings an extensive knowledge of ediscovery
process, litigation readiness, and records management issues to her role. She is a
member of industry groups EDRM and Sedona Conference and has contributed
articles to a number of publications including Corporate Counsel and Information
Management. She is a Certified eDiscovery Specialist and holds both a Juris Doctorate
and MBA from Loyola Marymount University.
Agenda
Why Bring eDiscovery In-House?1
Identifying Areas for Improvement2
Building a Strategy3
Choosing the Right Solution4
3
Q&A5
Agenda
4
Why Bring eDiscovery In-House?1
Identifying Areas for Improvement2
Building a Strategy3
Choosing the Right Solution4
Q&A5
5
Why Bring eDiscovery In-House?Traditional Outsourcing Models
Information Management
Identification
Preservation
Collection
Processing
Review
Analysis
Production
E-Discovery Timeline
Per GB to process
Per GB per month to host
Per GB to review Collect &
Preserve
In-House
6
Why Bring eDiscovery In-House?Identifying the Benefits
- Cost management
- Improve control over data
- Manage processes with greater control
An effective in-house ediscovery program
should balance cost, risk, and efficiency.
Agenda
7
Why Bring eDiscovery In-House?1
Identifying Areas for Improvement2
Building a Strategy3
Choosing the Right Solution4
Q&A5
8
Identifying Areas for ImprovementKnow Your eDiscovery Spend
• Quantitative and qualitative analysis of your existing
ediscovery processes
• Identify where the dollars are going – outside counsel,
processing services, hosting services, review services
• Develop a sample of cases for analysis – include outliers
If you can measure it, you can manage it.
• Identify areas for improvements – collection, processing,
review, and perhaps even preservation
9
Identifying Areas for ImprovementPreservation
• Typically managed in-house already
• Might not save outside spend but may certainly
reduce future costs
DuPont v. KolonThe Value of a Strong Preservation Process
Lessons:
• Imperative to have a preservation process in place
ahead of time
• Written notices should be issued to all affected
employees, tracked, and translated when necessary
• Preservation should include IT early on
10
Identifying Areas for ImprovementCollections: The Low-Hanging Fruit
An ineffective collections process affects costs across the board
Case Code Collected Data (GB) Processing ($) Review ($) Hosting ($) Total
TC-303 30 15,000$ 112,000$ 7,200$ 134,200$
HR-122 80 40,000$ 298,667$ 38,400$ 377,067$
HR-122b 40 20,000$ 149,333$ 9,600$ 178,933$
RC-843 160 80,000$ 597,333$ 153,600$ 830,933$
HD-2122 80 40,000$ 298,667$ 38,400$ 377,067$
WC-543 80 40,000$ 298,667$ 38,400$ 377,067$
WC-543b 40 20,000$ 149,333$ 9,600$ 178,933$
US-920 300 150,000$ 1,120,000$ 576,000$ 1,846,000$
TC-397 80 40,000$ 298,667$ 38,400$ 377,067$
HR-652 80 40,000$ 298,667$ 38,400$ 377,067$
485,000$ 3,621,333$ 948,000$
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Identifying Areas for ImprovementCollections: Home Depot Case Study
eDiscovery Costwithout Clearwell
$448,000
$ 179,694
Do
cum
en
ts S
en
t to
Le
gal
Re
vie
w
eDiscovery Cost with Clearwell
$37,000
690,000 Docs(69 GB = 40% Cull)
Before Clearwell
57,500 Docs(5.75 GB = 95% Cull)
After Clearwell
Cost Savings on a Single Case with Clearwell
$411,000 (92% Reduction)
Case Size: 1,150,000 Docs (115 GB)
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• Are there matters that make sense to process in-house and what is the criteria?– Data volume? Number of custodians? Complexity of matter?
• Can we perform some processing in-house to reduce what we’re sending out?
• What is ECA and what are the benefits?– Immediate visibility into data set
– Improved ediscovery cost planning (cost shifting)
– Enables preparation for meet and confer
– Supports strategic legal decisions: trial or settle?
Identifying Areas for ImprovementProcessing and Early Case Assessment
13
Identifying Areas for ImprovementReview
• Bringing review in-house typically
reserved for a more mature
ediscovery program
• Look at the numbers carefully
• Consider easing into this realm with smaller
cases; once a comfort level is reached,
consider bringing more of the process in house
14
Identifying Areas for ImprovementReview: JPMorganChase Case Study
Re
vie
w T
ime
fo
r C
as
e H
R-7
52
b
10 Days
1 Day
*Assumes 35 similar cases/year
Review CostsWithout Clearwell
$506,000
Annual Cost Savings with
Clearwell*
$421,000
Review Costswith Clearwell
$84,500
Agenda
Why Bring eDiscovery In-House?1
Identifying Areas for Improvement2
Building a Strategy3
Choosing the Right Solution4
15
Q&A5
16
Preservation
• Improve legal hold process – repeatable and defensible
• Identify technologies to automate and manage legal hold notices
• Identify solution to apply physical holds to the data
Collections
• Collect less – move away from bulk collection to targeted collection
• Identify technologies to automate and focus collections process
Processing
• Send out less for review by processing and performing ECA
• Identify technologies to cull down data quickly using easy-to-use search capability
• Perform a pre-review for all cases before sending out
Develop a StrategyDefine Objectives
Agenda
Why Bring eDiscovery In-House?1
Identifying Areas for Improvement2
Building a Strategy3
Choosing the Right Solution4
17
Q&A5
18
Choosing the Right SolutionWhat are the Focus Areas?
Information Management
Identification
Preservation
Collection
Processing
Review
Analysis
Production
Automate legal
hold notification
Selective
collection
Improve
culling
methods
Execute on
retention
policies Perform ECA and avoid
sending data outEnhance
review
process
Choosing the Right SolutionIdentify Stakeholders
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eDiscovery, Investigations,
Compliance Review
LEGAL
Records Manager
Human Resources
Information Security
Information Project
Manager
Compliance
Risk Management
IT
Choosing the Right SolutionDevelop an ROI and Budget; Consider People & Processes
20
Something for everybody…
• Develop a business case – hard
numbers, not just risk
• Build a cross-functional team with
departmental objectives in mind
• Begin process discussion
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To-Dos
� Build out requirements
� Identify market leaders
� Kick the tires
� Know the licensing
Requirements
• Work closely with IT to understand IT implications• Distinguish between must-haves and nice-to-haves• Consider putting out a formal RFP
Identify Solution Providers
• Do your homework – talk to analysts and peers• Compare list of requirements with product offerings
Understand the Technology and Pricing
• Require demos for different audiences• Require a proof of concept; time alone with the
product in your environment• Understand up-front costs, recurring costs
Choosing the Right SolutionIdentifying and Selecting the Technology
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1. Fastest Hard Dollar ROI in the Industry
2. Market Leader in Early Case Assessment
3. Rapid and Repeatable Legal Hold Notification
4. Consolidated and Streamlined Collections
5. Integrated Review for Inside & Outside Counsel
6. Single Application for Entire eDiscovery Lifecycle
Why Organizations Choose Clearwell
Agenda
Why Bring eDiscovery In-House?1
Identifying Areas for Improvement2
Building a Strategy3
Choosing the Right Solution4
23
Q&A5
About Globanet
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A strategic Symantec partner specializing in information management
solutions, Globanet provides customers with products and services to help
manage data more efficiently while reducing risk.
Our portfolio of offerings includes
- Select Symantec products including
• Clearwell
• Enterprise Vault
• Symantec.cloud
• Netbackup
- Globanet products
• Merge1 for archiving of electronic communications including data from
Bloomberg, Blackberry, Reuters, Facebook, and other data sources
• GEM for large-scale data migrations across various archiving solutions
- Services to deploy, customize, and manage Clearwell and Enterprise Vault
- Consulting on information governance topics including records management,
litigation readiness, and ediscovery workflow
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CONTACT US
Doug Kaminski, Symantec
Shannon Smith, Globanet
THANK YOU
FOR
ATTENDING