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Live Blogging at LTNY: Session on Budgeting for E-Discovery

Created on January 31, 2012

Date/Time: 2:00 - 3:15 (EST), Tuesday, January 31, 2012
Participants: David Horrigan, Analyst, The 451 Group; Mike Knight, Partner, Jones Day; Lisa Markey, VP, Information Risk Management, Barclay's Capital
 
Session Description: Budgeting for eDiscovery: Exploring your Approach to Cost Control and Transparency

In this session, key attributes were discussed that can reduce e-discovery costs and assist in litigation readiness for corporations, law firms and government entities.

Highlights
  • Discovery varies greatly between litigation and regulatory inquiries.  In litigation information flows both ways between each party, while in regulatory proceedings information only flows one way, towards the government.
  • For law firms, the discovery model has changed from what it was 15 years ago.  The law firm no longer holds a black box in which it's in charge of the entire discovery process and the client has no visibility of what goes on during this period of litigation.  Instead in-house counsel is taking more control by retaining additional expertise internally, hiring dedicated e-discovery project managers to collaborate with IT and to select, manage and monitor selected service provider(s) for document processing and collection.  Essentially now in-house counsel is starting to only use law firms for their legal expertise, instead of controlling the whole discovery process.
  • Recommendations on how to reduce e-discovery spend and maintain a consistent budget: (1) Manage data efficiently - Strictly adhere to data retention policies to reduce the amount of information in document review; (2) Communication - All the stakeholders in litigation must understand the discovery costs up front to manage expectations accordingly; (3) Plan ahead - The biggest unexpected costs arise when there are disruptions in the e-discovery workflow.  Incorporate a workflow that is flexible and takes into account these surprises.
E-Discovery Beat's Key Takeaway

Currently, law firms, corporations and government agencies are beginning to own more of the discovery process.  These organizations demand a pricing structure from e-discovery vendors and service providers that is a hybrid model, a combination of subscription and per GB/file based. They need a combination of both because there discovery needs demand it.