Traversing the triangle

Traversing ‘The Triangle’: Best Practices for Managing and Improving Law Firm-Client-Service Provider Relationships

Speakers: Lael Andara, Ropers MajeskiDavid Kearney, Cohen & GrigsbyEric Robinson, Kroll Ontrack

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Topics We Cover Computer Assisted Review

International E-Discovery

Social Media

Cloud-Based Discovery

E-Discovery Malpractice

Workplace Privacy

State E-Discovery Rules

And Many More!

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Speakers

David Kearney, CEDS |Director of Technology Services | Cohen & Grigsby |Pittsburgh

Lael Andara |Litigation Partner |Ropers Majeski Kohn Bentley |Redwood City, CA

Eric RobinsonSolutions Architect Kroll OntrackRichmond, VA

‘The Triangle’

Client

CounselService

Provider

Why Should I Care?

• Unverified Qualcomm v. Broadcom

• Too many cooks Coquina Investments v. Rothstein and TD Bank

• Malpractice J-M Manufacturing Company, Inc. v. McDermott Will & Emery

• Finger pointing

• Duplicative production/efforts

• Inelastic

War Stories

Context of the Relationship

• “Just, speedy, and inexpensive determination”

• “Reasonable”

• “Proportional”

• “Cooperation”

• “eCompetence”

End Goal: Trial Exhibits

Foundation to process

• Educate What does the client have?

• Educate What does the adversary have? • Educate What do third parties have?

• Collaborate Limit the scope by stipulation

Three Goals: One Objective• Reduce cost

– Data map– Preservation– Collection – Processing

• Data privacy – Security – EU compliance

• Increase efficiency – Cooperate in ESI conferences– Production – Understand exposure early– Early resolution

Discovery Goals

Evidence

Defensible Admissible Authenticate

Reduce cost

Data privacy Increase efficiency

Discovery Timeline• Step one – Preservation notice to custodians and IT &

litigation hold to adversary

• Step two – Introduce Vendor and Client to facilitate trust and create shared objectives. Privacy in production in Production.

• Step three – Inventory and snapshot all data in possession or control of

client. This includes employee personal devices.

Data Hold

Discovery Timeline• Step four– Preparation for preparation for meet & confer and

cooperate with opposing counsel on discovery protocol and plan Stipulation*

• Step five– Have vendor begin collection and process data.

Culling, keyword, etc.

• Step six– Review documents filtered as privileged. Issue

tagging and mark for production

Building process

Time

Volume

Proportional

Services

Price

Budget

Big Picture• Key

Requirements in the Contract

• Communication Infrastructure

Time LibraryCost Data Preservation LibraryCost Data Preservation

Close of Discovery: June 4, 2013

DAYS68

© Lael Andara

Johnson & Johnson v. Shasta Tech., LLC, et al

Close of Discovery: June 4, 2013

DAYS68

5/12/1330(b)(6) Depo

5/10/13Preservation Update

5/22/13CMC

5/2/13Responses to RFPD

LibraryTime Data PreservationCost

Budget

Jan. Feb.

MarchApril

MayJune

Cost

Hosting: $2,657/month Production Database

ARPAID

Last Update: 3/29/13

Johnson & Johnson v. Shasta Tech., LLC, et al

Time PreservationCost Data Library

Johnson & Johnson v. Shasta Tech., LLC, et al

Collected8/2/12 12/3/12 3/17/13 Total Data

150 GB 12 GB 20 GB 182 GB

ProcessingProduction

Shasta Tech., SHASTA_0032089

Conductive Tech., CT_0052893

Pharmatech Inc., PHARM0005271

LifeScan, Inc., LSS00311833

Total Files 402,086

62%

6%

Database:

Last Update: 3/29/13

Clarity of Expectations

Managing and Monitoring Relationships

In the Bermuda Triangle of E-Discovery

Counsel

Client

Service Provider

Transparent Process

CounselService Provider

Client

Exclusion Process

CounselVendor

Client

Attorney-Client Privilege

Communication Not Privileged

Sample Language for Extending Privilege

• All work performed by Kroll Ontrack on this project will be conducted at the direction of and under the supervision of {Law Firm} in their capacity as counsel to {End-Client} on the {Name of Matter} and as such, all communications and documents exchanged between Kroll Ontrack, {Law Firm} and {End-Client} shall be protected by the attorney-client privilege and work product doctrine.

Communication Infrastructure

Counsel

Client

Service Provider

Relationship Protocol

Counsel

Client

Service Provider

Cost Effective CommunicationCost Effective Communication

Client

Service Provider

Counsel

CounselVendor

Client

Verification of Data

Quality Assurance Process

Keys to Success!

Trust, but Verify

Define Accountability

Competence & Redundancy

Group buy-in

Active Communication of Process

Evolve with the Data

Questions?

Thank You

Lael Andara | Partner | Ropers Majeski Kohn Bentleylandara@rmkb.com

Eric Robinson | Solutions Architect | Kroll Ontrackerobinson@krollontrack.com

David Kearney | Director of Technology Services | Cohen & GrigsbyDKearney@cohenlaw.com

Traversing ‘The Triangle’