Work Smarter, Not Harder with Portfolio Management

John Winkler, Account Executive, Kroll Ontrack

David J. Kearney, Director Cohen & Grigsby PC

March 12, 2014

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John Winkler

Account Executive at Kroll Ontrack

Partners with law firm clients to advise on ediscovery best practices

Over 18 years experience in the legal technology field

Frequent author and speaker on ediscovery topics and best practices

jwinkler@krollontrack.com(216) 570-3905

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David J. Kearney

Director of Technology Services at Cohen & Grigsby, P.C.

Established ediscovery and project management professional

Multiple industry certifications, such as PMP, CEDS

Authored numerous articles related to electronic discovery

Frequent speaker and instructor on various ediscovery topics

dkearney@cohenlaw.com(412) 297-4651

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Overview

The False Facade: The Case-by-Case Approach to Project Management

Cutting the Clutter : The Portfolio Management Approach

Work Smarter, Not Harder: Important Considerations for Making the Switch

Conclusion

The Case-by-Case Approach to Project Management

The False Facade

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The “Case-by-Case” Approach

Source: Kroll Ontrack Advisory Board Survey (2013)

Organizations waste time and money reinventing the ediscovery process with each case!

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The “Case-by-Case” Perception

“Each case is unique”» Organizations create hard

boundaries regarding the process for each project

» Data is collected, analyzed, reviewed, and produced entirely disconnected from other projects within the organization!

This approach is chaotic and highly inefficient!» Piecemeal adoption

Project 3

Project 1 Project 2

» The same data and/or custodians collected numerous times!

The Portfolio Management Approach

Cutting the Clutter

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The Reality

Source: eDJ Group, Reduce, Reuse, Recycle: Effective Multi-matter Portfolio Management (2013)

Not Often (<25%)Often (25-50%)Very Often (>50%)

20%

33.3%

46.7%

How often do you have cases with overlapping custodians, collections or productions?

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The Reality | Overlap Among Matters

Each case is unique, but...» Fewer hard boundaries

between matters

» Significant overlap with regard to documents, custodians, and tools

By acknowledging this overlap, an organization can:» Minimize data transfers

» Decrease total data stored

Project 1 Project 2

Project 3

» Consolidate location of ediscovery data and work product

The “Ties that Bind” Your Ediscovery

Duplicative Documents

Overlapping Tools

Repeat Custodians

How the portfolio approach maximizes efficiencies for a corporation:

Organizations can avoid re-identifying, re-collecting, or re-processing data by isolating documents potentially subject to repeat litigation in a post-processing universal database!

Store ESI for repeat custodians in a suspended state of storage to limit re-collecting

Avoid additional data transfers, processing, etc. by leveraging the same tools across the EDRM

The “Ties that Bind” Your Ediscovery How the portfolio approach maximizes efficiencies for

a law firm, where:

Project 1

Project 2

Project 3

Project 1 Project 2

Project 3

» Minimizes the number of redundant project management steps—Do not have to “reinvent the wheel” with each case!

» Lowers the cost of projects with corporate of client data by folding the management processes into the portfolio

Managing each project...

…Managing the portfolio

Transitionsto

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The Portfolio Approach

For one case… …or 100 cases

Leverage the same processes, systems and/or technologiesGoal

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The Portfolio Approach

Leverage the same processes, systems and technologiesGoal

Collaboration

Tracking

ConservationKey Components

Important Considerations for Making the Switch

Work Smarter, Not Harder

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Considerations for Implementation

A fundamental shift in the way organizations conduct ediscovery that requires forethought» Identifying opportunities to collaborate and conserve resources

» Creating sound processes and employing effective technologies to maximize efficiencies

Additional questions regarding solutions:» Capacity to handle current data needs

» Capacity to handle future data needs

» Cost of implementation

» Security of solution

» Repeatability of solution

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Do Existing Tools Meet Today’s Needs?

Big data is the biggest challenge

Red flags suggesting under-performing solutions:» Hosting a massive amount of email or loose data not currently

subject to any sort of information management

» Employed outdated tools like basic keyword search as the sole means of data analysis

» Not having a process or means to bring on more labor or better technology when large cases arise

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64 percent of organizations have invested or plan to invest in big data systems, but only eight percent of those planning to implement a solution have actually taken steps to implement it.

-Gil Allouche, What the Gartner Big Data 2013 Report Means for the Industry (Nov. 2, 2013)

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Do Tools Meet Tomorrow’s Needs?

Applying Predictive coding to analyze your data

Per-project cost and comfortability are two barriers to widespread use, but that change is already underway » Some vendors already adopting new pricing plans for PC to shift

from per-project basis to a monthly fee

» Case law has already paved the way for counsel to use this tool, and we may be on the cusp of greater adoption

Ultimately, circles back to basic risk assessment: » What is the likelihood that my organization will want to use predictive coding during the lifetime of this litigation support

tool?

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What Will it Cost my Organization?

What is the true cost of on-premise software?» Maintaining a server (power, security, maintenance)

» The cost to store ESI being processes or analyzed

» Costs for personnel capable of running the software

Is it compatible with other applications in my organization’s case management workflow?» Might result in additional consulting, training, processing costs…

Additional consideration: viability of Software as a Service (SaaS) solutions» Some estimate that the initial cost of on-premise hardware and

software may only represent 25 percent of the total long-term cost

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Is the Solution Secure?

Presumably, a cloud-based solution is best suited for the portfolio management approach» Allows team to use a consistent, repeatable process where you can

utilize data from multiple cases

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The “ideal scenario” should allow legal professionals to access documents in “a centralized legal repository that supports multi-matter,

multi-party ediscovery.”

-Daniel Lim, 5 Tips for Using the Cloud to Conduct E-Discovery (July 25, 2012)

Vetting the security of existing and potential solutions is paramount» With a bevy of important security considerations…

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Cloud Security Considerations

Private versus public cloud environment» Private clouds often considered more secure because

organizations have more control over preservation and collection

» May not know where data geographically resides in a public cloud– Potentially raises international compliance challenges

Planning for disaster » Make sure data is encrypted when it is in transit

» Vet certifications and physical security of the provider’s data center

Portfolio management: ensure provider only stores one instance of a document» Minimizes auditing and security associated with hosting stages

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Is Your Solution Repeatable?

Existing approach: create process as projects arise» With each new project, decisions are made about whether existing

processes and tools are good enough for everything from collection through production—or whether additional tools are necessary

» Highly chaotic: overlapping processes and interoperability issues

Possible solution: contracting for all the tools you need for your cases in a given time period» Ensures seamless integration amongst tools for different EDRM

phases

» Many vendors now offer solutions based on monthly hosting fees to minimize overall cost to an organization

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Is Your Solution Repeatable?

Key components: a post-processing centralized database for analysis and review with robust inter-project reporting» Post-processing centralized database: storing every case

document on a centralized platform avoids duplicative collection, identification and processing for repeat or consecutive litigation

» Analysis and review: all document groupings and decisions made can be preserved and utilized for additional cases, if applicable

» Robust inter-project reporting: the portfolio management tool should track critical case information like:– The number of custodians per case

– Number of documents escalated to review

– How much time and money were spent on each process

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The Portfolio Management Approach

Conclusion

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Benefits of The Portfolio Approach

Increased efficiency» Less time and effort spent of duplicative steps

» Focus on case strategy and new issues

Budgeting and cost savings» Budgeting more predictable via repeatable processes

Transparency» Insight into entire edisocvery portfolio

» Identify trends and opportunities to improve processes