Kroll Ontrack: EDISCOVERY PRICING PAINS

by MICHELE LANGE on SEPTEMBER 9, 2013 in EDISCOVERY

Recently, Casey Flaherty, Corporate Counsel at Kia Motors, authored an article about how he approaches comparing costs in the  current chaotic ediscovery pricing landscape.  Flaherty boldly asserts: “Standardizing a method for comparing EDD vendor cost projections is long past due.”  He continues by suggesting that such a cost-comparison spreadsheet is a necessary tool which should be developed and maintained by a group such as the Sedona Conference, the EDRM or the EDBP.

Flaherty’s article is evidence of the gyrations that corporations and law firms go through when analyzing ediscovery pricing.  Per page.  Per gigabyte.  Per hour.  Per day.  Per month.  Flat fee.  Annual subscription.  Kudos to Flaherty for bringing his method to light and encouraging everyone else in the industry to do the same.

It makes plain business sense to structure ediscovery pricing around transparency, and Kroll Ontrack is trying to help drive the market toward that rational ediscovery pricing panacea.  Recently, Kroll Ontrack launched a new pricing model, containing a wave of pricing options including:

1. Traditional a la carte (line-item comparisons) – traditional pricing based on different actions in the EDRM – keep the spreadsheets for those who want them
2. Total project price – all of the bells and whistles for one bottom-line project price – for those sick of fashioning “order from chaos”
3. Portfolio pricing – a monthly fee based on a revolving-door portfolio of matters limited only by capacity and duration – ediscovery pricing can really be as simple as X gigabytes for $Y/month

To be perfectly frank, in an industry where everything can change overnight, this problem has persisted for too long. That’s why allowing clients to price projects on their terms is a great first step in clarifying ediscovery pricing pains.

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Kroll Ontrack: SHOW-AND-TELL: EDISCOVERY ON SLIDESHARE

by JEN WIGHTMAN I remember a time not too long ago when YouTube didn’t exist, Facebook was exclusive and user-generated content was merely an idea restricted to the internet’s geekiest circles. Now, not only can we savor things like NFL Bad Lip Reading, but we can create fun stuff ourselves with simple software. Reality TV aside, user-generated content is an extremely valuable medium with uses that extend far beyond personal posts and funny videos. A wealth of information about many different topics is available in the vein of user-generated content, and great ediscovery content is no exception, whether it’s a particularly popular blog (aside from this one, of course), an informative YouTube channel, a cutting-edge podcast or—as I recently discovered—SlideShare presentations. Ediscovery Information in a Click For those unfamiliar, SlideShare is essentially the YouTube of PowerPoint presentations. Users can upload PDFs of presentations, documents and graphics to share with the online community. Kroll Ontrack’s new SlideShare account is a great resource for educational ediscovery content. Whether you missed the most recent Kroll Ontrack webinar or simply want to know more about the most salient issues in ediscovery, Kroll Ontrack’s SlideShare currently offers its most popular presentations, ranging from social media to technology assisted review, and several eye-catching infographics. For practitioners, there’s a wealth of information regarding ediscovery on SlideShare. Within a few minutes of searching I was able to find a litany of ediscovery content including: The Lorenzi Group, a digital forensics and data security consulting firm, who has over 25 presentations on data security and related topics. I also found that many SlideShares offer more than just PowerPoint presentations: Osterman Research, Inc., for example, has over 30 combined white papers, surveys, and briefs on relevant ediscovery topics. Beyond the realm of ediscovery, I also found Matthew Homann’s presentations on innovative legal practices to be a breath of fresh air. With that said, I’ll cut short my laundry list of useful SlideShares, and leave it to you to find your favorites. However, like my recent post about ediscovery podcasts, please offer your favorite SlideShares in the comments below or let me know what more you would like to see on Kroll Ontrack’s SlideShare.

Kroll Ontrack: THE CARRM: BEYOND THE TEST-DRIVE

by MICHELE LANGE Whichever name you give it – predictive coding, computer assisted review (CAR), or technology-assisted review (TAR) – predictive coding is an amazing tool in the field of ediscovery. In 2012, the EDRM published a new Computer Assisted Review Reference Model (CARRM) framework to demystify this new technique. First and foremost, the CARRM strongly emphasizes a planning process, during which the review team should: Determine the desired outcome of the predictive coding process Build rules and methods specific to the case for both human reviewers and the technology Educate the reviewers who are involved in the predictive coding process about those rules and methods Next, the CARRM identifies a process of coding documents, from which the technology learns and classifies other documents in the corpus, followed by human testing and evaluation. This process is iterative, meaning these steps should continue in a cycle until appropriate retrieval metrics (such as precision, recall and f-measure) are achieved and the initial goals are met. Once the evaluation stage is complete, the predictive coding process can end and the team may move on to the next phase of review. The benefits of predictive coding compared to human review are plentiful. Predictive coding can reduce time on administration and review, reduce the number of documents reviewed, increase the accuracy of review and even review documents quicker. The bottom line is that while ediscovery budgets are cut and data volumes are ever-growing, predictive coding can help you save time and money by: Finding the right documents quickly Sorting documents efficiently Confirming the reviewers’ work before production What to know more? Register for the EDRM Webinar, “EDRM’S New Computer Assisted Review Reference Model (CARRM)-Beyond the Test Drive,” with industry experts George Socha, Herbet Roitbat, Bob Rohlf, and myself. It should be a riveting conversation so be sure to register soon.

Kroll Ontrack: ILTA’S 36TH ANNUAL EDUCATIONAL CONFERENCE

by THOUGHT LEADERSHIP TEAM There are few places more exciting than the iconic Caesar’s Palace in Las Vegas, so when ILTA’s 36th Annual Educational Conference convened there, it was almost too good to be true. With over 200 peer-developed educational sessions and plenty of networking opportunities, it was a great opportunity to get a finger on the pulse of the ediscovery and legal technology world. ILTA 2013 branded itself “The Catalyst”, boasting that it would be a catalyst of change for attendees and it was easy to see that many will be talking about the event for days and weeks to come. The flamboyance of fabulous Las Vegas was, of course, on full display, with many booths decked out in 60s-80s music themes, a gaudy bandstand, not to mention the always-essential Madonna impersonator. ILTA put on a great show, chock full of many timely and informational sessions, ranging from “Take Charge of BYOD” to “So You’ve Done a Few Predictive Coding Projects…” Of course, no legal technology event would be complete without its own app, and ILTA’s nifty mobile app made it even easier to keep up with all the action. There was even an awards dinner so we could all fawn over the legal technology elite. ILTA was abuzz with many discussions surrounding the future of ediscovery, as the hot topics of BYOD (Bring Your Own Device) and BYOC (Bring Your Own Cloud) push the boundaries of traditional ediscovery thinking. But, the overarching theme of the sessions and the gossip of attendees continued to be the management of Big Data and Technology Assisted Review (TAR). One session, “Technology Assisted Review: A Hands-On Case Study” made obvious that while many legal professionals are now acquainted with what TAR is, too few have utilized it. It is clear that the trend of the legal technology world is leaning toward more utilization of predictive coding and TAR into the ediscovery workflow. If ediscovery has a fever, the only prescription is more TAR! Or so it seemed at ILTA. Luckily, there are great ediscovery solution providers who make navigating the murky waters of TAR and predictive coding simpler than the decision to go to Las Vegas for ILTA.

Kroll Ontrack: RULEMAKING EFFORTS MOVE FORWARD

by MICHELE LANGE Efforts to amend the Federal Rules of Civil Procedure took another step forward last week. On June 3, 2013, the Standing Committee on Rules of Practice and Procedure (“the Standing Committee”) approved a package of proposals to change several of the Federal Rules relevant to ediscovery. The package will be released to the bench and bar for a six-month public comment period on August 15, 2013. The package approved by the Standing Committee was first adopted by the Civil Rules Advisory Committee (“The Rules Committee”) during its April 2013 meeting. The package combines nearly three years of initiatives handled by the Discovery Subcommittee and the Duke Subcommittee following the Duke Litigation Review Conference in May 2010. The package contains the following: An amendment to Rule 1, addressing the issue of cooperation in discovery Amendments to Rule 16 & 26(f), including preservation considerations as a component of discovery plans and scheduling orders Amendments to Rule 26(b), adding proportionality to further define the scope of discovery Amendments to Rules 30, 31, 33 and 36, imposing or reducing numerical limits on interrogatories, oral or written depositions, and requests to admit An amendment to Rule 34, requiring greater specificity in objections to requests to produce An amendment to Rule 26(c), further clarifying the courts authority to order cost-shifting A replacement rule Rule 37(e), aiming to create a national, uniform standard for culpability with regard to spoliation sanctions Following the comment period, public hearings will be held November 7, 2013 in Washington, January 9, 2014 in Phoenix and early February 2014 in Dallas. For the full text and comments about the Rules Package, check out the May 2013 Report of the Rules Committee to the Standing Committee. Looking for more on this hot topic? Don’t miss Kroll Ontrack’s June 12th webinar, Are Your Ediscovery Practices Ready for FRCP Amendments?, hosted by state and Federal rules expert Tom Allman. Additionally, Tom wrote this article with more details on the Rules Package.

Kroll Ontrack: EDISCOVERY FOR AUDIOPHILES: NEW ESI REPORT

by JEN WIGHTMAN Ever get tired of reading about the law? Preposterous, I know, but Kroll Ontrack’s monthly podcast, the ESI Report, is back and it’s better than ever! Catch up on all current and archived podcasts here to keep a pulse on ediscovery whether you are on the road, at home or in the office. June’s episode, will feature Tom Allman, co-chair of Sedona Conference Working Group 1. Tom will capsulize the status of federal rulemaking from the rare front-line perspective of a participant. This discussion will cover new language from proposed draft Federal Rules of Civil Procedure and provides context regarding where we are at in the rulemaking process and what might come next. Last month, co-blogger Eric Robinson, a Solution Architect at Kroll Ontrack, participated in a Technology Assisted Review discussion regarding the importance of evaluation metrics and math. Don’t miss May’s episode if you’re seeking to build a better understanding of key terms like Confidence Level, Precision, Recall and Accuracy. No calculator is required, but be sure to bring your ‘A game’ if you think you can top Eric’s score on the ediscovery trivia segment! In addition to the great content in the ESI Report, I’ve heard a few great episodes from CIO TalkRadio Legal. And, I keep hearing really good stuff about North Pod Law out of the UK. It sounds like a straight forward show format with the hosts and guests informally discussing the latest legal news and developments in their areas of law. I hope you check out some of these audio options. It’s nice to shake things up bit on how we ingest data in our field. And, if you have a favorite legal podcast, please drop a note in the comments!