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31 I L T A N E T . O R G E Discovery has changed dramatically in recent years. As the way we conduct business has evolved, as data has grown in scope and makeup, and as technology moves forward faster than ever, the approach an organization takes to managing eDiscovery must adapt as well. The reactive and near sighted approach of tackling eDiscovery for a litigation or investigation as an independent matter that ends and is quickly forgotten is no longer viable. It does a disservice to the organization because the data, workflows, and knowledge gained from the matter are useful to the organization and its future eDiscovery dealings. If an organization has repeat eDiscovery work and a medium to large litigation/investigations portfolio, the days of simply offloading a matter to outside counsel without any eDiscovery controls or guidelines should be over. While outside counsel is a vital stakeholder, such an approach typically leads to cost and process inefficiencies as well as loss of useful knowledge that can be applied to future matters. Now, more than ever, it is imperative that internal legal departments take a holistic approach to eDiscovery and build programs that efficiently manage data as well as standardize processes and procedures to set their organizations up for sustained success. Below we outline the high-level steps to building a modern eDiscovery program Step 1: Build an Internal Team The first step to building a modern eDiscovery program is to create a dedicated internal team of legal professionals – stakeholders invested in the success of the program. This team could be made up of stakeholders from the legal department, the legal operations team, procurement, or ideally some combination of all three departments. Once the dedicated team is identified, the focus of the team should be on 1) identifying the right strategic partners based on organizational needs and 2) creating goals for the program (what does success look like?) with an emphasis on standardization, appropriate resource allocation, and cost efficiency. Step 2: Identify and Select Review and Technology Partners The second critical step is to undertake a thorough vetting and selection process to identify managed review and eDiscovery technology partners to support and be invested stakeholders in the eDiscovery program. We place a strong emphasis on the word "partners" here as these partners should be focused on continually improving processes to make the overall program successful. Vetting should focus on selecting dedicated partners that can be steady actors over time, thereby adding continuity, efficiency, and the ability to gain insight and further refine the eDiscovery program continuously. As such, partners that can provide stable core teams dedicated to the organization are key. "The days of simply offloading a matter to outside counsel without any eDiscovery controls or guidelines should be over."

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