Synopsis Part 1: Electronic Discovery: Legal counsel’s mood and can we handle blogs and wikis?
Synopsis Part 2: Educating IT and Legal on legal risk management
Synopsis Part 3: Determining when to dispose of data and reducing review costs
Synopsis Part 4: Bringing eDiscovery inside the firewall, DiscoveryReady’s eDiscovery vision
Jim Wagner is a co-founder of DiscoverReady LLC, a national provider of
integrated discovery management services, and is a frequent public
speaker on best practices for effectively gathering and reviewing
electronic discovery. Jim is responsible for many of DiscoverReady’s
strategic initiatives, including the development of its
industry-leading PrivBank™ application and its progressive i-Decision™
By Joshua Konkle writing for dcig.com
Joshua Konkle: In your experience, what are the pitfalls that enterprises have yet to encounter when bringing eDiscovery inside their firewall?
Jim Wagner: Depending on the organization’s state of eDiscovery acceptance, the pitfalls vary. For those businesses that have brought eDiscovery behind the firewall, they have already encountered several challenges. Let these serve as a warning list to newcomers:
- You are in the eDiscovery business– can you offer 24/7 support?
- How do you handle uptime during network maintenance?
- Can your system and service team accommodate late night productions for tomorrow’s court date?
- Do you have a help desk and/or rapid response system? Are you able to grant third parties secure, limited access to your internal network, i.e. creating secure network identification to shepherd this process?
- Are you capable of handling broad-based enterprise legal holds and accommodate storage requirements of eDiscovery systems?
For organizations that are involved in behind the firewall eDiscovery systems we expect to see more challenges, such as:
- We’ve seen several rulings and press related to poor collection practices, but very little coverage of failures by enterprises as full service providers (collection through review and production). As more and more enterprises assume the role of full service provider, it’s likely that we will start to see rulings on this front as well.
- “Behind the firewall” can be inefficient for outside counsel, thus poor service and/or technology selections can result in more hourly fees for the client.
- Patience in choosing technology is required at this juncture in the eDiscovery cycle. There are some very good choices in terms of existing technologies; however, some of the new technology entrants, with good teams and solid communities, may offer even greater strategic value in terms of higher level analytics and great range of functionality. Market consolidation is also creating more complex and integrated discovery players. For an example in this area, consider Iron Mountain’s acquisition of Stratify.
- Data leaks and breaches of corporate data – legal data is higher value and a more critical target for privacy breaches.
- Finally, knowing if your team has selected the right application will depend on the ongoing assessment of your legal business process. Organizations must track their ROI to justify the continued investment in their eDiscovery infrastructure and the team required to manage it.
Joshua Konkle: What is your company’s vision for dealing with escalating costs in review datasets for large cases?
Jim Wagner: Management of the eDiscovery review process is our core service offering and it is why we started the company–to provide defensible, strategic and cost-effective review to corporate counsel. Our recommended solution is fixed cost review (with project pricing based upon the number of documents to be reviewed).
This is delivered by marrying efficient resources, high-speed review applications and proactive project and process management. We also use higher level strategies, such as our Dynamic Data Analysis™ (a blending of statistical, conceptual and legal analysis), to both identify relevant documents as quickly and cost-effectively as possible, and to simultaneously reduce the total amount of data required to be reviewed.
Our business model is not based on managing a single case. We look to work with companies on an ongoing, tactical and strategic basis. Since we work on multiple cases, our clients’ ROI is a based on the savings they can achieve in enhancement of the eDiscovery process over the long term.
you would like to communicate with Jim directly, she can be reached at
info(at)discoverready.com or by calling DiscoverReady at 1 212 699 3960.
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