eDiscovery Trends: Outsourcing vs....

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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

Transcript of eDiscovery Trends: Outsourcing vs....

Page 1: eDiscovery Trends: Outsourcing vs. In-Sourcingmedia01.commpartners.com/acc_webcast_docs/ACC_Inhouse_vs...eDiscovery Trends: Outsourcing vs. In-Sourcing Joe Banks Litigation Program

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

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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

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We All Outsource Something… •  Copy/Reproduction Center

•  Records Management/Archives

•  Customer Service

•  Data Hosting

•  Document Review and Production

•  Cloud Computing Services

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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

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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

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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)

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Areas Best/Least Suited for Insourcing

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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

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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

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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!

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Implications and Tips for Broader Outsourcing Trends •  Data Map •  Contractual provisions

–  Preservation –  Timeliness –  Cost –  Jurisdiction –  Cloud (private, public, or hybrid) –  Destruction

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Questions & Answers

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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