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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
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 5
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
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! 10
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
[email protected] Craig Carpenter Recommind
[email protected] 415-394-7899 Wendy Butler Curtis Orrick, Herrington & Sutcliffe
[email protected] 202-339-8584
