Digital White Papers

83 WWW.ILTANET.ORG | ILTA WHITE PAPER LITIGATION AND PRACTICE SUPPORT The New Path to Ediscovery Success: Business Intelligence of efficient ediscovery and also provides insight into opportunities to save more through effective data management. There are many ways to mix and match data points to create BI that will be useful to and appreciated by a specific organization. Areas of focus may include how and when documents were excluded from the ediscovery process, comparing a selected process to other possible outcomes and analysis of data footprint management. Each of these areas can be analyzed for individual projects or across many projects. Exclusion of Documents = Money Saved Culling is hardly a novel approach to ediscovery – in fact, it is a necessary one - but the approaches of organizations and their counsel vary drastically. Consider the different stages at which data may be excluded from the steps of ediscovery: preservation, collection, processing, early data assessment, additional searching and finally review. The general rule is that discovery will be less expensive if extraneous data is removed earlier in the process. Skillful yet defensible exclusion of data is a "win" for ediscovery professionals. Metrics on savings related to excluded data reflect when and how an organization is most successful at reducing ediscovery spend. Consider a project where the review portion cost $15,700 dollars. Without context, this cost provides no insight into how well the review was run. In contrast, understanding that this project involved custodial interviews that led to a targeted collection and that technology-assisted review (TAR) was used to limit review provides context on the value the discovery team provided to the organization. This project involved a fixed fee-per-document reviewed, so we can calculate both the savings and the spend on review: That looks like a successful project! We can do the same analysis for every component of the project, the project overall and multiple projects taken together. The EXCLUDED FILES TARGETED COLLECTION $85,031 METADATA FILTERING $23,853 UNCATEGORIZED (SAMPLED, NOT REVIEWED) $6,213 CATEGORIZED RESPONSIVE (NOT REVIEWED) $25,811 CATEGORIZED NON-RESPONSIVE (NOT REVIEWED) $190,356 REVIEWED $15,700 The general rule is that discovery will be less expensive if extraneous data is removed earlier in the process. Skillful yet defensible exclusion of data is a "win" for ediscovery professionals.

• Cover