AGILITY, INSIGHT, & EXECUTION

HOW EDISCOVERY TEAMS CAN CHANGE YOUR ORGANIZATION

(for the better)

Alex Ponce de LeonDiscovery Counsel Intel Corporation

Keynote Address 2014

Teamwork

Cooperation

Collaboration

The not-invented-here barrier (people are unwilling to reach out to others).

Insular culture – Communication mainly inside a groupStatus gap – Don’t want to cross status linesSelf-reliance – Should fix your own problems

Fear – Do not want to reveal problems

The hoarding barrier (people are unwilling to provide help).

Competition – Competition with colleagues and unitsNarrow incentives – rewards for own goals

Too busy – No time to help othersFear – Loss of power if sharing knowledge

The search barrier (people are not able to find what they are looking for).

Company size – Big companies face search problemsPhysical distance – Distance makes search difficult

Information overload – Too much information worsens the search

Poverty of networks – Lack of links undermines search

The transfer barrier (people are not able to work with people they don’t know well).

Tacit knowledge – Difficult knowledge to transferNo common frame – Don’t know how to work together

Weak ties – No strong relations to ease transfer

Sedona Cooperation Proclamation

The Internal Point Person

The Internal Point Person

Early Identification

• The Federal Circuit Advisory Council Model Order (aka the Rader Model Order)• The Delaware Standard Default Model Order• The Eastern District of Texas Model Order• The District of Oregon Mandatory Model Order• The Northern District of California eDiscovery Guidelines

Federal Circuit Advisory Council

Model Order

0.0074%

Early Identification

• The Eastern District of Texas Model Order

• Judge Waxse: Discovery is not a win lose contest, the rules require cooperation on discovery not zealous advocacy.

FormTime Periods

Nature and ExtentNeed for Metadata

SourcesSystems

Phases, Limited, Focused

The 26f Conference

Information Governance

“Part of the reason eDisocvery is so expensive is because companies have so much data that serves no business need…

companies are going to realize that it’s important to get their information governance under control to get rid of the data that has no business need…in ways that improve the

company’s bottom line…”

-- Judge Peck (Feb. 4, 2013)

Information Governance

$12 Million

Overcoming the Barriers

Create a Unifying Goal

People Strategy

Nimble Networks

Thank

s!

Slides isavailable on SlideShare at:

www.slideshare.net\AlexPDL