1. Bringing eDiscovery
In-House with Clearwell
Implementing Processes and Technologies to
Reduce Risk and Increase Cost Savings
Doug Kaminski, Clearwell, Symantec
Shannon Smith, Esq., Globanet

2. Presenters
Doug Kaminski, Director of Sales – North Central and Northeast, Symantec
As a Director for Clearwell, now part of Symantec, Doug works on a regular basis with
thousands of legal professionals around the country in both law firms and major
corporations. He is a frequent speaker and author on e-discovery related topics, a
member of the Detroit Bar Association, and is on the Board of the Society of Corporate
Secretaries & Governance Professionals. He has delivered over 300 CLE presentations for
legal professional groups and his articles have been published in Corporate Counsel and
other legal publications.
Shannon Smith, Director of Information Governance & General Counsel, Globanet
Shannon Smith is the Director of Information Governance and General Counsel at
Globanet where she manages a portfolio of ediscovery and compliance offerings.. As
an experienced attorney, Shannon brings an extensive knowledge of ediscovery
process, litigation readiness, and records management issues to her role. She is a
member of industry groups EDRM and Sedona Conference and has contributed
articles to a number of publications including Corporate Counsel and Information
Management. She is a Certified eDiscovery Specialist and holds both a Juris Doctorate
and MBA from Loyola Marymount University.
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3. Agenda
1 Why Bring eDiscovery In-House?
2 Identifying Areas for Improvement
3 Building a Strategy
4 Choosing the Right Solution
5 Q&A
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4. Agenda
1 Why Bring eDiscovery In-House?
2 Identifying Areas for Improvement
3 Building a Strategy
4 Choosing the Right Solution
5 Q&A
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5. Why Bring eDiscovery In-House?
Traditional Outsourcing Models
Per GB to process
Per GB per month to host
Collect &
Preserve Per GB to review
In-House
Processing
Preservation
Information
Identification Review Production
Management
Collection
Analysis
E-Discovery Timeline
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6. Why Bring eDiscovery In-House?
Identifying the Benefits
- Cost management
- Improve control over data
- Manage processes with greater control
An effective in-house ediscovery program
should balance cost, risk, and efficiency.
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7. Agenda
1 Why Bring eDiscovery In-House?
2 Identifying Areas for Improvement
3 Building a Strategy
4 Choosing the Right Solution
5 Q&A
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8. Identifying Areas for Improvement
Know Your eDiscovery Spend
• Quantitative and qualitative analysis of your existing
ediscovery processes
• Identify where the dollars are going – outside counsel,
processing services, hosting services, review services
• Develop a sample of cases for analysis – include outliers
• Identify areas for improvements – collection, processing,
review, and perhaps even preservation
If you can measure it, you can manage it.
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9. Identifying Areas for Improvement
Preservation
• Typically managed in-house already
• Might not save outside spend but may certainly
reduce future costs
DuPont v. Kolon
The Value of a Strong Preservation Process
Lessons:
• Imperative to have a preservation process in place
ahead of time
• Written notices should be issued to all affected
employees, tracked, and translated when necessary
• Preservation should include IT early on
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10. Identifying Areas for Improvement
Collections: The Low-Hanging Fruit
An ineffective collections process affects costs across the board
Case Code Collected Data (GB) Processing ($) Review ($) Hosting ($) Total
TC-303 30 $ 15,000 $ 112,000 $ 7,200 $ 134,200
HR-122 80 $ 40,000 $ 298,667 $ 38,400 $ 377,067
HR-122b 40 $ 20,000 $ 149,333 $ 9,600 $ 178,933
RC-843 160 $ 80,000 $ 597,333 $ 153,600 $ 830,933
HD-2122 80 $ 40,000 $ 298,667 $ 38,400 $ 377,067
WC-543 80 $ 40,000 $ 298,667 $ 38,400 $ 377,067
WC-543b 40 $ 20,000 $ 149,333 $ 9,600 $ 178,933
US-920 300 $ 150,000 $ 1,120,000 $ 576,000 $ 1,846,000
TC-397 80 $ 40,000 $ 298,667 $ 38,400 $ 377,067
HR-652 80 $ 40,000 $ 298,667 $ 38,400 $ 377,067
$ 485,000 $ 3,621,333 $ 948,000
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11. Identifying Areas for Improvement
Collections: Home Depot Case Study
Case Size: 1,150,000 Docs (115 GB)
690,000 Docs eDiscovery Cost
(69 GB = 40% Cull) without Clearwell
$448,000
Documents Sent to Legal Review
eDiscovery Cost
with Clearwell
$37,000
57,500 Docs
(5.75 GB = 95% Cull)
Cost Savings on a Single
Case with Clearwell
$411,000
$ 179,694
(92% Reduction)
Before After
Clearwell Clearwell
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12. Identifying Areas for Improvement
Processing and Early Case Assessment
• Are there matters that make sense to process in-house
and what is the criteria?
– Data volume? Number of custodians? Complexity of matter?
• Can we perform some processing in-house to reduce what
we’re sending out?
• What is ECA and what are the benefits?
– Immediate visibility into data set
– Improved ediscovery cost planning (cost shifting)
– Enables preparation for meet and confer
– Supports strategic legal decisions: trial or settle?
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13. Identifying Areas for Improvement
Review
• Bringing review in-house typically
reserved for a more mature
ediscovery program
• Look at the numbers carefully
• Consider easing into this realm with smaller
cases; once a comfort level is reached,
consider bringing more of the process in house
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14. Identifying Areas for Improvement
Review: JPMorganChase Case Study
10 Days Review Costs
Without Clearwell
$506,000
Review Time for Case HR-752b
Review Costs
with Clearwell
$84,500
1 Day
Annual Cost Savings with
Clearwell*
$421,000
*Assumes 35 similar cases/year
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15. Agenda
1 Why Bring eDiscovery In-House?
2 Identifying Areas for Improvement
3 Building a Strategy
4 Choosing the Right Solution
5 Q&A
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16. Develop a Strategy
Define Objectives
Preservation Collections Processing
• Improve legal hold • Collect less – move • Send out less for
process – repeatable away from bulk review by processing
and defensible collection to targeted and performing ECA
• Identify technologies collection • Identify technologies
to automate and • Identify technologies to cull down data
manage legal hold to automate and focus quickly using easy-to-
notices collections process use search capability
• Identify solution to • Perform a pre-review
apply physical holds to for all cases before
the data sending out
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17. Agenda
1 Why Bring eDiscovery In-House?
2 Identifying Areas for Improvement
3 Building a Strategy
4 Choosing the Right Solution
5 Q&A
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18. Choosing the Right Solution
What are the Focus Areas?
Improve
culling
Automate legal methods
hold notification
Processing
Preservation
Information
Identification Review Production
Management
Collection
Analysis
Execute on
retention Selective
policies Perform ECA and avoid
collection
sending data out
Enhance
review
process
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19. Choosing the Right Solution
Identify Stakeholders
LEGAL
Records
IT
Manager
eDiscovery,
Risk Investigations, Human
Management Compliance Resources
Review
Compliance Information
Security
Information
Project
Manager
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20. Choosing the Right Solution
Develop an ROI and Budget; Consider People & Processes
• Develop a business case – hard
numbers, not just risk
• Build a cross-functional team with
departmental objectives in mind
• Begin process discussion
Something for everybody…
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21. Choosing the Right Solution
Identifying and Selecting the Technology
Requirements
• Work closely with IT to understand IT implications
• Distinguish between must-haves and nice-to-haves
• Consider putting out a formal RFP
To-Dos
Identify Solution Providers
Build out requirements
Identify market leaders • Do your homework – talk to analysts and peers
• Compare list of requirements with product offerings
Kick the tires
Know the licensing Understand the Technology and Pricing
• Require demos for different audiences
• Require a proof of concept; time alone with the
product in your environment
• Understand up-front costs, recurring costs
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22. Why Organizations Choose Clearwell
1. Fastest Hard Dollar ROI in the Industry
2. Market Leader in Early Case Assessment
3. Rapid and Repeatable Legal Hold Notification
4. Consolidated and Streamlined Collections
5. Integrated Review for Inside & Outside Counsel
6. Single Application for Entire eDiscovery Lifecycle
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23. Agenda
1 Why Bring eDiscovery In-House?
2 Identifying Areas for Improvement
3 Building a Strategy
4 Choosing the Right Solution
5 Q&A
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24. About Globanet
A strategic Symantec partner specializing in information management
solutions, Globanet provides customers with products and services to help
manage data more efficiently while reducing risk.
Our portfolio of offerings includes
- Select Symantec products including
• Clearwell
• Enterprise Vault
• Symantec.cloud
• Netbackup
- Globanet products
• Merge1 for archiving of electronic communications including data from
Bloomberg, Blackberry, Reuters, Facebook, and other data sources
• GEM for large-scale data migrations across various archiving solutions
- Services to deploy, customize, and manage Clearwell and Enterprise Vault
- Consulting on information governance topics including records management,
litigation readiness, and ediscovery workflow
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25. THANK YOU
FOR
ATTENDING
CONTACT US
Doug Kaminski, Symantec Shannon Smith, Globanet
Doug_Kaminski@Symantec.com SSmith@Globanet.com
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