The Hidden Costs of E-Discovery and Proven Strategies for Cost Cutting IQPC 4th E-Discovery Conference Jersey City, October, 2007 PANELISTS: James M. Wright, P.E. - FTI Consulting, Inc. Mark Reichenbach - MetaLINCS Nick VanBuskirk - MessageOne

Some Basic Considerations Three general kinds of costs: Internal Costs People, Hardware, Technology Technology Vendors Services, technology fees Legal Review Law firms, technology fees Legal review is always the greatest component, and data volume reduction is the key to reducing those costs

General Cost Cutting Strategies Reduce the amount of ESI requiring processing and review Develop a cost-effective Discovery Plan Tiered approach to key players Tiered search criteria and/or protocols Legal Review resources Employ technology to increase efficiency of processing and review

The E-Discovery Team Client Counsel E - Discovery Vendors Client Owns Risk, Pays Costs, so can make risk decisions quickly Knows ESI best, has IT resources Ability to move early and quickly Counsel Strategic Legal Knowledge Familiarity with Court Knowledge of legal issues in E-Discovery E-Discovery Tech Vendor[s] Powerful technology options Ability to apply resources as needed Experience in processing ESI Ability to provide expert testimony to E-Discovery matters Client Counsel E - Discovery Vendors Management Discovery Management Develops & Manages Discovery Plan Activities Resources Schedule Identifies Risk & Cost Issues Coordinates Discovery Team

Early Actions Timeline Under the new FRCP Meet & Confer Scheduling Conference Filing Duty to preserve ?? days 21 days time Identify & Collect ESI Analyze ESI : Qty/Type Develop ED Plan Prep for Meet & Confer

Reducing ESI Quantity Identify & negotiate subsets of the ESI collection not requiring processing or review Date Range File Types Identify subsets of the ESI collection too burdensome to process and review Burdens: Cost or business disruption May need to prove the burden to the court

Developing the Discovery Plan Tiered Key Player List Lower tiers use more targeted search criteria Search criteria with a tiered approach Low Hanging Fruit first A keyword search process that avoids high hit rates Sensible methodology for non-indexable file types Sampling Narrower, targeted search/filtering criteria Cost-effective Form[s] of Production Rolling production schedule Using common tech vendor[s] Consider Clawback agreements Use Contract attys for first review

Using Technology Consider internal technology tools Publishing Litigation Holds Collection Initial filtering/culling Early cataloging of ESI allows more time to identify cost-cutting measures Utilities can catalog even prior to collection Negotiate with tech vendors Filtered ingestion [date range, file type] Sensible pricing structures ESI qty pricing consistency [Base 10, or power of 2?] Hosted review platforms A variety available, cost and efficiency vary, select the best for the matter