project planning and management in e-discovery david a. ellis – mayer brown browning e. marean –...
TRANSCRIPT
Project Planning and Management
in E-Discovery
DAVID A. ELLIS – MAYER BROWNBROWNING E. MAREAN – DLA PIPER
What are we talking about?
PROJECT MANAGEMENT• Process of planning, organizing, securing and managing
resources to achieve specific goals
EDISCOVERY PROJECTS• Efforts to preserve, collect and analyze electronically
stored information when the prospect of litigation arises
MANAGEMENT OF EDISCOVERY PROJECTS• The discipline of planning, organizing, securing and
managing resources to bring about the successful completion of e-Discovery projects
KEY THEMES
• COMMUNICATION– No such thing as too much
• DOCUMENTATION– At every phase
• EXPERTISE– If you don’t have it, get it
• FLEXIBILITY– Projects are rarely static
• FRONTLOADING– Spend now to save later
Elements of Project Management
COST• Ensuring the project is completed within budgetTIME• Ensuring the project is completed in a timely fashion and
deadlines are metSCOPE• Ensuring the project includes all the required work and only
the required workQUALITY• Ensuring the project satisfies the needs for which it was
undertaken
The Phases of E-Discovery Projects
• INITIATION• PLANNING• COLLECTION• PROCESSING• CULLING• REVIEW• PRODUCTION• CLOSING
INITIATION
• Identify the objectives: what are we doing and why?– Define the project– Delineate goals, milestones, etc.– Institute a legal hold– Determine the budget early, if you can
• Create the team– What are the main activities needed for this project?– Who has expertise in this area?– Will we need an outside vendor?– Define roles and responsibilities
INITIATION: COMMON PITFALLS
• Failure to implement and monitor a legal hold• Not understanding the scope or the scope
creep
INITIATION: COST MANAGEMENT
• Understanding apples and oranges pricing from vendors– Collection costs– Processing costs– Hosting costs– Data storage fees
• What can be done in-house?– Billable time– Data storage fees
PLANNING
• Identify potentially relevant information• Create a budget estimate• Preserve potentially relevant information• Consider tools to assist• Create a plan document
Identification of Potentially Responsive Information
START WITH THE CLIENT• Interview client IT personnel, make them part of the team• Review data map• Interview potential custodians (what do they have and
where?)• Identify the types of ESI involved• Where is ESI kept by the enterprise?• Where is ESI really kept?• Identify privacy or confidentiality issues• Identify third parties who may have information• Determine the need for forensics
Budgeting
• Prepare a budget estimate• Templates are available• Manage expectations– Best case v. worst case– Identify variables up front– Revise as variables become fixed
• Communicate– Appeal to your audience– Are you spending now to save later?– Are you putting client in the most defensible position?
Preservation of Potentially Responsive Information
• Suspend document destruction practices• Identify and interview key players• Issue and monitor litigation hold
PLANNING: COMMON PITFALLS
• Overlooking the value of the client’s IT personnel
• Collecting using Drag and Drop – usually not sufficient
• Not conducting custodian interviews• Cross-border issues for international clients
PLANNING: COST MANAGEMENT
• When identifying key players, consider tiered approach.
• When interviewing key players, start with a questionnaire.
• When issuing a litigation hold, consider litigation hold software applications to automate the process of issuing and monitoring compliance.
• Know the volume and potential cost before you decide on a method of collection.
COLLECTION
• Identify the key players and physical location of data
• Determine who will be present for collection• Manage expectations• Determine chain of custody for data post-
collection• Document the process
COLLECTION: COMMON PITFALLS
• Sending a vendor to a collection without counsel
• Not being prepared for the collection• Over collection• Under collection • Self-collection• Cross-border issues
COLLECTION: COST MANAGEMENT
• Collection is typically charged at an hourly rate plus the cost of hard drives.
• Do we need to collect deleted files? Slack space?
• Consider a targeted collection• Consider a remote collection
PROCESSING: WHAT IS IT?
• Steps taken by Litigation Support or a Vendor on collected data to make it ready for review and/or production
• Includes:– Data and metadata extraction– De-duplication– Filtering/searching– Data conversion– Creation of TIF images– Performing text extraction– Creating load files– Loading to Relativity for review– Exporting from Relativity for production
PROCESSING: COMMON PITFALLS
• Unilaterally deciding on search terms or date restrictions
• Global de-duplication of data and later discovering source of data is important
• Failure to account for source code• Failure to address images and media files for
review
PROCESSING: COST MANAGEMENT
• In-house v. vendor– Consider charges per GB or per hour– Consider cost of drives, disks or FTPs for
deliverables– Consider storage fees
CULLING
• Filtering• File types• Prioritization of custodians• De-duplication– Global or by custodian?
• ECA tools
CULLING: COMMON PITFALLS & COST MANAGEMENT
• Beware of hidden costs– For extracting data from ECA tools– For re-filtering
• Failure to document searches, record search terms and combinations of search terms
REVIEW
• Create review plan– Create a reasonable timeline– Single-tier or multi-tier– Logistics
• Staffing• Training• Supervision• Quality control
– Prioritization of review population– Privilege review and log
REVIEW: COMMON PITFALLS
• Failing to supervise a review team• Failing to batch documents for review• Failing to review hidden or extracted data in
native review
REVIEW: COST MANAGEMENT
• Consider native review• Consider technology assisted review• Technical issues– Litigation Support time– Vendor time
PRODUCTION
• Coordinate with vendor and Litigation Support• Consider special requirements• Document in detail• Quality control at every phase
PRODUCTION: COMMON PITFALLS
• Not being prepared– Know what form you agreed to, what form is
required• Not allowing enough time– To quality control– To resolve discrepancies
SUMMARY
• Project management is a valued skill• Communication is key• Get expertise when you need it• Strive for defensibility