ediscovery trends: outsourcing vs....
TRANSCRIPT
eDiscovery Trends: Outsourcing vs. In-Sourcing
Joe Banks Litigation Program Manager Microsoft
Craig Carpenter VP & General Counsel Recommind
Wendy Butler Curtis E-Discovery Of Counsel Orrick, Herrington & Sutcliffe
Session Agenda • Speaker introductions
• Insourcing and outsourcing trends
• Players in the game
• Key drivers for the decision
• Areas best/least suited for insourcing
• Potential pitfalls to avoid
• Q/A
• Parting thoughts
We All Outsource Something… • Copy/Reproduction Center
• Records Management/Archives
• Customer Service
• Data Hosting
• Document Review and Production
• Cloud Computing Services
Different Approaches: Insourcing vs. Outsourcing • Broader Trends
• SaaS, Cloud and LPOs
• Common eDiscovery areas to be insourced
– Vendor selection and management
– Preservation / Collection / ECA
– Processing
• Common eDiscovery areas to be outsourced/offshored
– Forensic collection/Processing
– Review /Production
5
The Players in the Game • Clients
– Large/mid-sized enterprises with large litigation profile
– Mid-small companies with small litigation profile
• Outside counsel (e.g. Orrick)
• Consulting firms (e.g. Deloitte)
• Technology players – Hosting providers
– Domestic litigation support providers
– Offshore litigation support providers
Key Decision Drivers • Costs and Risks
• Speed and Efficiency
– Institutional knowledge of business, process and technology
• Core/non-Core Competencies
• Volume/Type of Litigation
• Scale
– Resources Required (human, software, hardware)
Areas Best/Least Suited for Insourcing
Case Study: Fortune 150 Financial Institution • Financial leader; faces significant regulatory
oversight (SEC, FINRA, etc.) and litigation
• Unsustainable risks and costs spurred search for better solution
• Selected Insite Legal Hold + Axcelerate eDiscovery to power next-generation eDiscovery and compliance technology platform
– Company can now gain deep insight into its electronic data and facilitate in-house early case assessment and review (both linear and non-linear)
• Through reduction of third party processing fees, solution paid for itself within first three months of implementation
Potential Issues to Be Aware Of • Custody and control
• Privilege and confidentiality
• 30(b)(6) and declarations
• Conflicts of interest
• Security
• Unauthorized practice of law
• Ethical considerations
10
Best Practices for Approaching the Decision
• Know yourself and your company
• Understand the end-to-end processes of EDRM
• Create a business requirements document
• Conduct due diligence of vendors/solutions
• Perform pilot/shadow reviews
• Crawl, walk, run
• When in doubt, farm it out!
Implications and Tips for Broader Outsourcing Trends • Data Map • Contractual provisions
– Preservation – Timeliness – Cost – Jurisdiction – Cloud (private, public, or hybrid) – Destruction
Questions & Answers
Final Thoughts… Joe Banks Microsoft [email protected]
Craig Carpenter Recommind [email protected] 415-394-7899
Wendy Butler Curtis Orrick, Herrington & Sutcliffe [email protected] 202-339-8584