AN IN-HOUSE eDISCOVERY PROGRAM:

WHERE DO YOU FALL ON THE SPECTRUM?

2nd Annual eDiscovery for the Life Science Industry

Philadelphia, PA

February 28, 2012

Panelists Dawn Pawlitschek

Legal Program Manager COVIDIEN

Marnie Carter Manager, Records and Information Management, Commercial Legal Affairs

GILEAD SCIENCES, INC. Beth Rauker

Legal eDiscovery Manager MEDTRONIC

Stephen D. Whetstone, Esq. Vice President and Legal Sector Leader

PITNEY BOWES

Spiwe L.A. Pierce, Moderator Associate General Counsel, Litigation

SMITHS MEDICAL

Dawn Pawlitschek Legal Program Manager Covidien

Dawn Pawlitschek has a BS degree in Paralegal Studies from Rivier College, Nashua, NH. Dawn has more than 25 years of law firm and corporate law department experience specializing in Intellectual Property and Complex Litigation. Dawn joined Tyco Healthcare in January, 2001 as a Sr. Intellectual Property Paralegal and has held various positions in the legal department since that time. Dawn was named as the Legal Program Manager in 2006 prior to the company’s separation from Tyco International. Dawn is responsible for legal department technology, budgeting, vendor relationships, e-discovery and serves as the Records Coordinator for the Corporate location. Dawn stays current and familiar with legal technology and the EDRM process and has been involved with both internal processing and use of outside vendors for those purposes.

Marnie Carter Manager of Litigation Operations and Information Management Commercial Legal Department Gilead Sciences, Inc.

Marnie Carter previously held the position of Manager of Records and Information Management. Ms. Carter has been employed in the legal profession for over twenty years with substantial experience in case project and discovery management and litigation. Previously, Ms. Carter was the Paralegal Supervisor for the Silicon Valley Office of Weil, Gotshal & Manges LLP. She additionally functioned as a Senior Paralegal in the Patents Practice Litigation Group. In this role, Ms. Carter managed federal and state litigation cases as well as those pending before the ITC and in arbitration. She was heavily involved in the consultation, training, supervision and management of electronic discovery and electronic evidence projects at Weil in addition to serving as an advisor on their EDiscovery Sourcing Committee. Ms. Carter is the Western Regional Director for Women in EDiscovery and founding Co-Chair of the Silicon Valley Chapter of Women in EDiscovery, Board Member with the Steering Committee for the Silicon Valley Chapter of the Association of Litigation Support Professionals and an active member of the Bay Area Litigation Support Professionals. She is also an active member with the International Paralegal Management Association (IPMA) and the International Legal Technology Association (ILTA). Ms. Carter majored in International Business Law at the University of San Francisco and attended the Paralegal Studies Certificate Program at San Francisco State University.

Beth Rauker Legal eDiscovery Manager Medtronic

Beth A. Rauker – eDiscovery Program Manager Beth is currently the eDiscovery Program Manager at Medtronic, Inc. Since joining Medtronic in 2008, Beth has managed eDiscovery issues relating to a variety of litigation matters as well government investigations. In her role as eDiscovery Manager, Beth has focused on eDiscovery process development, technology assessment and implementation as well as eDiscovery cost management. Prior to joining Medtronic, Beth was a Senior eDiscovery Project Manager for Merrill Corporation in St. Paul, MN where her responsibilities included planning and managing large eDiscovery matters for law firms and corporate clients. In addition, Beth has over 16 years legal industry experience working as paralegal and senior paralegal for such firms as Oppenheimer Wolff & Donnelly LLP and Robins, Kaplan, Miller & Ciresi LLP. Beth holds a BA in Political Science from the University of Wisconsin and a Paralegal Certificate from the Minnesota Paralegal Institute.

Stephen D. Whetstone Vice President and Legal Sector Leader Pitney Bowes

Stephen D. Whetstone, Esq., is Vice President and Leader of Pitney Bowes Legal Solutions (PBLS), which is comprised of on-site, near-site and off-site facilities management (FM) and legal discovery services. Pitney Bowes has been a leading managed services provider to law firms, corporations and government agencies across the U.S. for more than 30 years and also has broad capabilities and deep expertise in complex eDiscovery and traditional litigation support services. Stephen is responsible for all facets of PBLS' business and oversees 2000+ employees who work hand-in-hand each day with PBLS clients. Prior to joining Pitney Bowes in 2011, Stephen was the General Manager of Iron Mountain Legal Discovery (f/k/a Stratify), a leading cloud-based eDiscovery technology and service provider. Before joining Stratify in 2005, Stephen was a litigation partner at Testa Hurwitz, where for 11 years he represented clients in securities class actions, government and internal investigations, patent and intellectual property matters, and other complex commercial litigation that often turned on analyzing large volumes of electronic and hard copy data. Before joining Testa in 1994, Stephen was a litigator at Skadden, where he spent significant time managing electronic and hard copy document review. Prior to Skadden, Stephen spent several years working in the political arena and with the media, including as former Chief-of-Staff for Massachusetts State Senator (now Congressman) John W. Olver. Stephen has written several papers on legal discovery and technology developments and best practices, which have appeared in, inter alia, the National Law Journal, Legal Times, IP Litigator, Inside Counsel, Privacy Law Journal, and many other prominent national publications. Stephen is a frequent speaker at national and international conferences and CLE programs on legal discovery developments and best practices.

Spiwe L.A. Pierce Moderator Associate General Counsel - Litigation Smiths Medical

Spiwe is responsible for managing global litigation, which encompasses areas including product liability, complex commercial, employment, and intellectual property litigation. In 2011 she pioneered the eReadiness document management project across all US and Canada sites. The successful pilot resulted in the planned expanded roll-out across all Smiths Medical facilities globally, which will begin with eight additional countries in FY2012. Spiwe serves as internal general counsel to the operations in Brazil, France, Italy, Portugal, South Africa, and Spain. Spiwe is a Fellow of the American Bar Foundation, an honorary organization of lawyers, judges, and legal scholars whose public and private careers have demonstrated outstanding dedication to the welfare of their communities and to the highest principles of the legal profession. The number of State Fellows in each jurisdiction is limited to one third of one percent of the lawyer population. In 2011, she also accepted an invitation to join the Douglas Amdahl Inn of Court, American Inns of Court, an invitation-only amalgam of judges and lawyers whose objective is to improve the skills, professionalism and ethics of the bench and bar. Spiwe is Past President and Webmaster, Vice President, Treasurer and Board Member of the Minnesota Association of Black Lawyers (MABL). She is a member of the American Bar Association, Minnesota State Bar Association, Association of Corporate Counsel, and board member of the Lewis Sports Foundation, which was founded by Dr. Leo Lewis, former wide receiver for the Minnesota Vikings. Spiwe has taught numerous CLE’s and community legal education programs, and published articles for various publications, including the eCommerce chapter of the Iowa Legal Research Guide, William S. Hein & Co, Inc. (2003).

Issue: Can a company successfully and efficiently bring an eDiscovery program completely in-house while cutting costs on using external vendors, achieving a high return on investment and remaining compliant with eDiscovery laws?

We Will Address: Pros and cons of an in-house eDiscovery program How to build an internal eDiscovery program

Challenges and Considerations of The Four C’s: Complexity Commitment Control Cost

Complexity Size of operation/business/legal department

Sophistication of internal litigation/eDiscovery team

Complexity of each case/project

Ongoing need

Initial team discussion is key

Commitment Level of company commitment

Internal resources & structure

Available human & financial resources

Are resources available long term or are there conflicting projects?

Control Internal vs. external competencies

Outside counsel’s involvement

Data storage (onsite vs. 3rd party)

Third party providers

Having a core team of external resources who are familiar with the company and can move efficiently within it is critical

Cost Budget

Best utilization of funds

Long term project sustainability

Whose money can we use?

Final Questions