rethinking the ediscovery process by kelly twigger

Re-Thinking Your eDiscovery Process

Kelly Twigger, esq. Women in eDiscovery September 11, 2014

Re-Thinking Your eDiscovery Process

Kelly Twigger, esq. Women in eDiscovery September 11, 2014

The most valuable commodity I know of is information.

- Gordon Gekko

Information is a source of learning. But unless it is organized, processed, and

available to the right people in a format for decision making, it is a burden, not a benefit.

- William Pollard

Information Technology and Business are becoming

inextricably interwoven. I don’t think anyone can talk

meaningfully about one without talking about the other.

- Bill Gates

Electronic Discovery Reference Model / 2014 / v3.0 / edrm.net

First created 2006

Original EDRM 2006

2006 Version

Electronic Discovery Reference Model / 2014 / v3.0 / edrm.net

2014 Version

Think. Think about what you’re

trying to do to me.

— Aretha Franklin

Electronic Discovery Reference Model / 2014 / v3.0 / edrm.net

Electronic Discovery Reference Model / 2014 / v3.0 / edrm.net

Analysis

Stage 2

Electronic Discovery Reference Model / 2014 / v3.0 / edrm.net

Analysis

Stage 1

Stage 3

Stage 1 AnalysisWhat do I need to prove/disprove?

What are the KEY ISSUES?

How can I get that information?

Who might have it?

Where would it be located?

What evidentiary issues will I have to overcome?

Stage 2 AnalysisWhat does the data tell me?

How does the data affect our negotiations for scope?

What kinds of data do we have?

What is our budget/team for review?

What tools will we use for review?

What are viable search terms?

What problems are we seeing with the data?

How can I structure my review more efficiently?

Stage 3 AnalysisWhat have I learned about the KEY ISSUES?

What additional data, if any, do we need for the case? All requests answered?

What else needs to be done to get data to experts?

How has our case strategy changed based on the data?

What problems are we seeing with the data?

Case Study #1: Commercial Breach of Contract Following interviews, identified and pulled 200 GB + 5 hard drive images for analysis; additional 65 GB from third party (total 500GB) Significant ramifications for both parties in publicity over matter Fire drill — on prod deadline Analysis: Index data, further discussions with custodians to filter data down for review

Case Study #1: Commercial Breach of Contract

Following analysis of indexed data, culled original data set of 500+ GB down to 12 GB for review — total cost $30,000 Cost to load into Relativity @ $200/GB = $2400 Cost to load all collected data = $440,000

Cost Savings BEFORE review = $407,600

Case Study #2: Mass Tort Product Liability Case

600 GB of data provided to counsel in various forms, most as TIFF images (initial production) Value of cases low, needed to understand data to develop strategy Requested native data; court denied Used tool to index data, pulled out key doc types and then analyzed using search terms, discussion with experts

Case Study #2: Mass Tort Product Liability Case

Total spend $18,000 to index data and review it for strategy Loaded 1/4 of responsive data into Relativity for review but managed it according to progress of the case — total cost less than $10,ooo

Total spend for 600 GB BEFORE review = $28,000

Case Study #3: Mass Tort Product Liability Case

ESI Role was to act as discovery counsel; identify tool and provider 2 bids already received, ESI scoped needs for case and identified other providers to review Selected tool and provider, managed set up of database, training and tagging structure

Case Study #3: Provider

Comparison Chart

!

!

!Database!Vendor!Comparison!Chart!

!!!

! Vendor!A! Vendor!B! Vendor!C! Vendor!D!TOTAL!COST!OF!DATABASE!WITH!

ANALYTICS!FOR!1!YEAR!

!$94,200!(includes!

two!weeks!of!analytics)!

!$287,490!

!

!$409,015!

!$354,475!

Monthly!Database!Costs!to!Store!Data!and!Use!Tool*!

!

$6,850!

!

$23,645!

!

$4,905!

(per!GB!rate!if!

customer!uses!

analytics,!if!not,!

higher!per!GB)!

!

$17,825!

Annual!!Database!Costs*!

!

$82,200!

!

$283,740!

!

$58,860!

!

$213,900!

!Processing!Costs!

!

$0!

(Included!in!

platform!

monthly!

database!

costs)!

!

!

$450/GB!!

(Provider!

charges!to!

convert!

data!to!

required!

pdfs)!

!

!

$195,750!

!

$21,000!!

(600!GB)!

!

$67,500!

(assumes!300!

GB!after!

analytics)!

!Analytics**!

!

!

$6,000/week!!

!

!

!

Not!!

Available!

!

$147,000!

!(one!time!cost!

per!GB)!

!

$32,000^!

Project!Management***!!

!

$0!

!

$3,750!

!

$2,500!

!

$2250!

($750!(set!up!

fee)!+!$1500)!!

!

*Assumes!675!GB!of!data!loaded!into!the!database!with!10!monthly!users!!

**Assumes!use!of!analytics!on!600!GB!of!email!and!documents!from!15!key!

custodians!

***Assumes!10!hours!of!project!management!time!over!course!of!project!

^Assumes!400,000!items!to!be!reviewed!with!analytics!at!$0.08/item!!

!

Case Study #3: Provider

Comparison Chart

!

!

!Database!Vendor!Comparison!Chart!

!!!

! Vendor!A! Vendor!B! Vendor!C! Vendor!D!TOTAL!COST!OF!DATABASE!WITH!

ANALYTICS!FOR!1!YEAR!

!$94,200!(includes!

two!weeks!of!analytics)!

!$287,490!

!

!$409,015!

!$354,475!

Monthly!Database!Costs!to!Store!Data!and!Use!Tool*!

!

$6,850!

!

$23,645!

!

$4,905!

(per!GB!rate!if!

customer!uses!

analytics,!if!not,!

higher!per!GB)!

!

$17,825!

Annual!!Database!Costs*!

!

$82,200!

!

$283,740!

!

$58,860!

!

$213,900!

!Processing!Costs!

!

$0!

(Included!in!

platform!

monthly!

database!

costs)!

!

!

$450/GB!!

(Provider!

charges!to!

convert!

data!to!

required!

pdfs)!

!

!

$195,750!

!

$21,000!!

(600!GB)!

!

$67,500!

(assumes!300!

GB!after!

analytics)!

!Analytics**!

!

!

$6,000/week!!

!

!

!

Not!!

Available!

!

$147,000!

!(one!time!cost!

per!GB)!

!

$32,000^!

Project!Management***!!

!

$0!

!

$3,750!

!

$2,500!

!

$2250!

($750!(set!up!

fee)!+!$1500)!!

!

*Assumes!675!GB!of!data!loaded!into!the!database!with!10!monthly!users!!

**Assumes!use!of!analytics!on!600!GB!of!email!and!documents!from!15!key!

custodians!

***Assumes!10!hours!of!project!management!time!over!course!of!project!

^Assumes!400,000!items!to!be!reviewed!with!analytics!at!$0.08/item!!

!

Case Study #4: Third Party Subpoena Response

Non-party subpoena response in small business dispute Data requested was 2 years and 10 custodians’ email Analysis:

Review data Understand timeframe for data that was really needed Use low cost DIY tool for review and production

Tell the client what you learned: The Project Report

Provides a record for you and the client to go back to when you need to remember WHAT you did and WHY

Includes all detailed information as well as metrics about what actions and decisions were made during project

Especially important due to time lapses and employee changeover

TakeawaysFocus less on the PROCESS and more on the THINKING

Emphasize the NEED to start EARLY

Make decisions that are best for the case and for the long term goals for the client

FOLLOW UP — finish the project cleanly

Ask ESI One hour consulting session to discuss strategy, ask questions, inquire about tools, etc. with Kelly

Pay via credit card online and schedule session

Sign up via ESI Attorneys website

Rules Case Digests Checklists Templates Glossary Resources

eDiscovery Assistant™ app for iPad

Individual Rule

Summaries

Downloadable checklists

Questions?

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Thank you!! Kelly Twigger, esq.

ktwigger@esiattorneys.com 303.379.3068

!Twitter: @kellytwigger

LinkedIn: Kelly Twigger