eDiscovery Trends: Outsourcing vs. In-Sourcing

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Areas best/least suited for insourcing. • Potential pitfalls to ... Data Hosting ... 10. Best Practices for Approachin
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