eDiscovery Trends: Outsourcing vs. In- ... eDiscovery Trends: Outsourcing vs. In-Sourcing Joe Banks

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Transcript of eDiscovery Trends: Outsourcing vs. In- ... eDiscovery Trends: Outsourcing vs. In-Sourcing Joe Banks

  • 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

  • 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 jbanks@microsoft.com

    Craig Carpenter Recommind craig.carpenter@recommind.com 415-394-7899

    Wendy Butler Curtis Orrick, Herrington & Sutcliffe wcurtis@orrick.com 202-339-8584