marco nasca senior director, client solutions transforming discovery through data management

Marco NascaSenior Director, Client Solutions

TRANSFORMING DISCOVERY THROUGH DATA MANAGEMENT

2© 2015 UnitedLex Corporation – Confidential & Proprietary. Not for distribution or reproduction.

Agenda

Introduction

The Case for Change in eDiscovery

A Transformative Approach


The Case for Change in eDiscovery

© 2015 UnitedLex Corporation – Confidential & Proprietary. Not for distribution or reproduction.

The eDiscovery ChallengeGrowth in volume and cost of data management

Corporations are facing massive costs when responding to discovery requests as data volumes grow exponentially

Despite falling unit rates, the total cost of discovery continues to increase with data volumes

In an effort to reduce sanction risks, legal teams are wasting time and money on documents that do not require review.

— In analyzing eDiscovery-related sanctions in federal cases over a seven-year period, 61% were caused by a failure to identify and preserve potentially responsive data

— Roughly that 80% of documents promoted, reviewed and hosted are non-responsive— This inefficiency results from an inability to analyze and assess large collected data sets and

validate filtering parameters until after they are processed and in a review platform.

In addition to data growth, significant challenges include— Unstructured data sources— Cloud storage— BYOD— Source identification

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Data Volume Affects Litigation Strategies

Compounding data affects case strategies— Burden/Proportionality arguments — Keyword negotiations— Cost shifting

Parties will need to employ greater effort on — Narrowing the scope of discovery— Focusing on targeting responsive data in large preservation sets — Employing data mining efforts to access legal intelligence prior to

processing


What about Non-Responsive Data?

Based on who you talk to, the percentage of documents reviewed are non-responsive can range from 60%-95%— Early case assessment to inform keyword— Targeted collection— The use of TAR techniques— How a team defines “grey” documents

Parties should focus on solutions to minimize non-responsive document hits by search terms prior to processing— Addresses the bulk of eDiscovery costs— Leverages defensible processes and techniques


Budgetary impact and downward pressure

Looking beyond rate reduction— Maximize reduction in total project cost— Leverage technology or processes

Ensure a repeatable, scalable and defensible model that can be relied upon to deliver lowest cost/highest quality on every matter


A Transformative Approach


Early Legal Intelligence

Starting in the field:The traditional model has law firm associates interviewing custodians on substantive issues and an “IT” person collecting data. What else could occur during this process to reduce downstream costs?

First Handoff of Collected Data:— What is the potential implication of field intel being lost on a vendor

or processing team?— How do you narrow the gap between intel gathered in custodian

interviews and what is translated to a processing or project management team?

Ingestion of Data for Consideration— What challenges do you face in identifying non-responsive

documents picked up by search terms?— What solutions are available to maximize your ability to eliminate

these documents prior to processing/hosting and review?


A Collaborative Approach

Leverage a collaborative approach with technology and analytics experts to reduce cost

— How important is it to have an internal or external discovery process expert involved?

— What factors do you consider when selecting the consultant?— What considerations do you make when selecting technology to

employ against this data minimization process?


Providing Strategic Advantage

Enable content based decisions before processing your data— Capturing a legal advantage over opposing counsel— Substantial cost reduction across the entire litigation lifecycle

Stay proactive— Encourage outside counsel and vendors to continuously improve of

the litigation processes and procedures— Address challenges in creating a collaborative environment for

outside counsel and your consultant— Leverage the latest technologies

> Is the EDRM dead?> Additional approaches

marco nasca senior director, client solutions transforming discovery through data management

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