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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
Please take a few minutes to answer
the following questions………
1.  Do you outsource any part of eDiscovery?




 a)  If yes, choose which is the most applicable.
2. Do you insource any part of eDiscovery?




  a)  If yes, choose which is the most applicable
3) Do you have preferred eDiscovery vendor(s)?




 4) Have you sent any eDiscovery work offshore?




  5) Have you brought any eDiscovery technology in-house?
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


                                                                  9

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!

                                                 14

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
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