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Live Blogging at LTNY: Session on eDiscovery Mgmt. and Cost Mgmt.

Created on January 30, 2012

Date/Time: 10:30 - 11:45am (EST), Monday, January 30, 2012
Participants: Kim-An Hernandez, Senior Counsel, International Paper; Anthony Knaapen, Manager, Litigation Discovery, Chevron; Meagan Thwaites, Counsel - CRM Legal Department, Boston Scientific Corp.
Session Description: Standardizing Processes for Discovery Management and Cost Management - An ROI Your GC Can Appreciate

In this session, the three panelists discussed eDiscovery accountability, efficiency and effectiveness and how in-house, outside counsel, IT, and business units must understand the complexities of the eDiscovery process and the cost ramifications of it. 

  • Best way to start to build an e-discovery process is to first develop an e-discovery team.  This team will not only drive the process internally but will align goals and communication between outside counsel and various vendors.
  • Build multiple workflows for each e-discovery process because one size does not fit all.  Various factors like matter type, custodian size,external entities involved, etc. affect what type of workflow is needed.
  • Be proactive in the e-discovery process to avoid proportionality claims by taking a reasonable approach.  Don't preserve for every custodian, know the key facts/issues in the case to limit costs downstream in the discovery process (review).
  • If you have an e-discovery process, make sure to use it. Project managers are needed to champion the process, voicing the importance of following process guidelines.
E-Discovery Beat's Key Takeaway

Process is king. Organizations need a flexible e-discovery process that can facilitate multiple workflows depending on the case at hand.  Without a well thought out workflow driven e-discovery process approach legal teams will likely fall victim to an ad hoc system that will allow important information to fall through the cracks.