bringing e discovery in house with clearwell-final_111215

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





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





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$

11

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)

12

• 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





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





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

19

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

21

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

22

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





23

Q&A5

About Globanet

24

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

25

CONTACT US

Doug Kaminski, Symantec

[email protected]

Shannon Smith, Globanet

[email protected]

THANK YOU

FOR

ATTENDING

bringing e discovery in house with clearwell-final_111215

Documents