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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 [email protected]
Eric Robinson | Solutions Architect | Kroll [email protected]
David Kearney | Director of Technology Services | Cohen & [email protected]
Traversing ‘The Triangle’
