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© 2012 Zapproved Inc.
1
The Pension Committee of the Univ. of Montreal Pension Plan, et al. v. Banc of America
Securities LLC, et al. Amended Order, Case No. 05-cv-9016 (SDNY Jan. 15, 2010)
YOUR GUIDE TO BUYING
LEGAL HOLD
MANAGEMENT SOFTWARE
A roadmap to getting your lit hold process under control.
If you’re new to buying software systems, we understand the process can feel a
bit daunting. This 7-Step Guide is built from our many experiences of working
with people just like you. By knowing what to expect, you will be better prepared
to navigate the internal processes and set realistic timelines – which will mean a
lot less frustration for you.
This Guide walks you through the process, from developing requirements and
budgeting, to building a sound business case for management and gaining
approval from IT. Every step can be daunting, but we will show you what has
worked for many who have come before you.
Now take the first step in taming your legal preservation so that you can have the
peace of mind from knowing you have a rock-solid, defensible process that frees
you up to focus on the important stuff.
LET’S GET STARTED.
www.legalholdpro.com © 2012 Zapproved Inc. All rights reserved.
Checklist for Buying Legal Hold Management Software
Plan to finish the process in 60 days or less.
1. Define your legal hold needs and
requirements
2. Establish your budget
3. Evaluate your legal hold options
4. Make a business case to management
5. Get IT buy-in
6. Finalize the contract
7. Roll out legal hold management system
ONE: Define your legal hold needs and requirements
How does your legal hold process work today? Do you know where your efforts fall short?
What would you do if you had to defend your process before a judge? How much staff time
does your existing process really consume? Do you know the status of your holds right now –
and what would it take to produce a defensible report if requested? Is your custodian
acknowledgment rate adequate? Do your custodians need to be able to acknowledge hold
notices from Mac or mobile devices? How often do you send reminders? When and how do
you release legal holds?
As the courts have demanded a higher standard with legal holds, many organizations are re-
evaluating their process. After reviewing the list of questions above, do you have
confidence that you can answer them all adequately? If not, then it is time to audit your
process and identify the gaps that are contributing to your organization’s data preservation
costs and risks. For more information, see Intelligent Preservation.
TWO: Establish your budget
How many legal holds do you have? How many do you anticipate? How many custodians
need to be notified? What is your exposure of using your current process? What’s it going to
cost? Do you need it to integrate with other systems?
With this data, it is possible to understand your existing costs, even if they are ‘soft’ costs of
staff salaries. With the knowledge of what you spend in dollars and time, you can rationally
model the benefits of having an automated legal hold management system in place.
1
2
© 2012 Zapproved Inc. All rights reserved. www.legalholdpro.com
A VERY, VERY SHORT PRIMER ON SAAS VS. INSTALLED SOFTWARE
Software-as-a-Service (SaaS)
(aka Cloud, Hosted)
Installed Software
(aka Traditional, On-Premise)
Simply put, this is software that you
use through a Web browser. Data is
securely hosted on an external server
via the Internet. Gaining in popularity
due to lower costs.
Overview Software that is installed on a
corporate network. Requires
installation on servers and regular
maintenance. Difficult to access for
custodians.
Subscription model – lower
commitment, pay what you consume
Finance Capital expenditure involves longer
buying cycle, bigger commitment
Product constantly evolves and
improves
Updates Customer pays for enhancements,
upgrades require attention
Shared infrastructure, part of the
product
Equipment Customer provides the
infrastructure
Provider supports and maintains Maintenance Customer supports and maintains
Deployment is immediate and easy Timeliness
and Cost
Deployment takes time, money and
IT resources
THREE: Evaluate your legal hold management software options
What are various approaches of each software package – standalone, part of a larger
software package, installed on-premise, or hosted? How much does it cost in license and
maintenance fees? Is it easy to learn and use? What IT resources would be needed to deploy
and maintain it? Would you need to purchase additional equipment? Are there hidden
charges such as training, support, maintenance and upgrade costs?
Time to do your due diligence. Look at what software tools are available and educate
yourself about what they can do for you. Ask your outside counsel. Check with others in
your professional network. Schedule a product demonstration. Doing your research now
will enable you to proceed with confidence.
FOUR: Make a business case to management
Why do you need this system? How will it help you? How will it help the organization?
At some point, the person who oversees spending is going to ask those questions. It’s
inevitable, so be ready. Prepare a complete assessment of risks and inefficiencies, and be
sure to fully articulate what you would do today if your data preservation practices were
called into question or a motion for spoliation sanctions was filed against your company.
3
4
www.legalholdpro.com © 2012 Zapproved Inc. All rights reserved.
Next, you need to present a detailed estimate of the costs of a new legal hold management
system. Evaluate the Total Cost of Ownership (TCO) which factors in IT infrastructure costs,
opportunity costs associated with managing and maintaining hardware and software, and
the productivity loss of dealing with a poorly designed or manual process. It takes a little
effort to be ready, but getting executive buy-in and budgetary approval can be a short
conversation if you’ve done your homework.
FIVE: Get IT buy-in
How is the software delivered? What installation is required and how many IT resources will
be needed to support it? Will your data be safe and secure?
Having your IT team do its due diligence is a necessary and important step. We have worked
with many IT teams to provide the information they need to be confident. Our team can
provide security documentation and the results of testing by some of the most demanding
clients in the industry. We frequently have a special meeting with our technical team to
answer any concerns.
SIX: Finalize the contract
Who is responsible for reviewing contracts and executing purchase orders? How long is the
term of the subscription? What are the expectations around payment?
It’s easy to get lost in the details of a multi-page contract. Our standard agreement has
been updated in order to expedite the purchasing process. We work with lawyers and
procurement staff to help them understand our product and some of the aspects of
“software-as-a-service” with which they may not be familiar.
SEVEN: Roll out the legal hold management system
Who will be using the legal hold management system and need admin rights and training?
How do we import our contacts and set up our templates? Will our custodians know what to
do?
Now it is time to ensure a successful implementation so that you can realize the benefits of
automating the litigation hold process. Fortunately our system is intuitive so training is
simple and can often be conducted with one online session. Our support team will assist
with navigating a couple of technical issues, including working to ensure email deliverability
and importing contact lists. We can also share with you ways to inform your custodians so
that they know what to do when they receive their next hold notification.
5
6
7

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Legal Hold Software Buyers Guide

  • 1. © 2012 Zapproved Inc. 1 The Pension Committee of the Univ. of Montreal Pension Plan, et al. v. Banc of America Securities LLC, et al. Amended Order, Case No. 05-cv-9016 (SDNY Jan. 15, 2010) YOUR GUIDE TO BUYING LEGAL HOLD MANAGEMENT SOFTWARE A roadmap to getting your lit hold process under control. If you’re new to buying software systems, we understand the process can feel a bit daunting. This 7-Step Guide is built from our many experiences of working with people just like you. By knowing what to expect, you will be better prepared to navigate the internal processes and set realistic timelines – which will mean a lot less frustration for you. This Guide walks you through the process, from developing requirements and budgeting, to building a sound business case for management and gaining approval from IT. Every step can be daunting, but we will show you what has worked for many who have come before you. Now take the first step in taming your legal preservation so that you can have the peace of mind from knowing you have a rock-solid, defensible process that frees you up to focus on the important stuff. LET’S GET STARTED.
  • 2. www.legalholdpro.com © 2012 Zapproved Inc. All rights reserved. Checklist for Buying Legal Hold Management Software Plan to finish the process in 60 days or less. 1. Define your legal hold needs and requirements 2. Establish your budget 3. Evaluate your legal hold options 4. Make a business case to management 5. Get IT buy-in 6. Finalize the contract 7. Roll out legal hold management system ONE: Define your legal hold needs and requirements How does your legal hold process work today? Do you know where your efforts fall short? What would you do if you had to defend your process before a judge? How much staff time does your existing process really consume? Do you know the status of your holds right now – and what would it take to produce a defensible report if requested? Is your custodian acknowledgment rate adequate? Do your custodians need to be able to acknowledge hold notices from Mac or mobile devices? How often do you send reminders? When and how do you release legal holds? As the courts have demanded a higher standard with legal holds, many organizations are re- evaluating their process. After reviewing the list of questions above, do you have confidence that you can answer them all adequately? If not, then it is time to audit your process and identify the gaps that are contributing to your organization’s data preservation costs and risks. For more information, see Intelligent Preservation. TWO: Establish your budget How many legal holds do you have? How many do you anticipate? How many custodians need to be notified? What is your exposure of using your current process? What’s it going to cost? Do you need it to integrate with other systems? With this data, it is possible to understand your existing costs, even if they are ‘soft’ costs of staff salaries. With the knowledge of what you spend in dollars and time, you can rationally model the benefits of having an automated legal hold management system in place. 1 2
  • 3. © 2012 Zapproved Inc. All rights reserved. www.legalholdpro.com A VERY, VERY SHORT PRIMER ON SAAS VS. INSTALLED SOFTWARE Software-as-a-Service (SaaS) (aka Cloud, Hosted) Installed Software (aka Traditional, On-Premise) Simply put, this is software that you use through a Web browser. Data is securely hosted on an external server via the Internet. Gaining in popularity due to lower costs. Overview Software that is installed on a corporate network. Requires installation on servers and regular maintenance. Difficult to access for custodians. Subscription model – lower commitment, pay what you consume Finance Capital expenditure involves longer buying cycle, bigger commitment Product constantly evolves and improves Updates Customer pays for enhancements, upgrades require attention Shared infrastructure, part of the product Equipment Customer provides the infrastructure Provider supports and maintains Maintenance Customer supports and maintains Deployment is immediate and easy Timeliness and Cost Deployment takes time, money and IT resources THREE: Evaluate your legal hold management software options What are various approaches of each software package – standalone, part of a larger software package, installed on-premise, or hosted? How much does it cost in license and maintenance fees? Is it easy to learn and use? What IT resources would be needed to deploy and maintain it? Would you need to purchase additional equipment? Are there hidden charges such as training, support, maintenance and upgrade costs? Time to do your due diligence. Look at what software tools are available and educate yourself about what they can do for you. Ask your outside counsel. Check with others in your professional network. Schedule a product demonstration. Doing your research now will enable you to proceed with confidence. FOUR: Make a business case to management Why do you need this system? How will it help you? How will it help the organization? At some point, the person who oversees spending is going to ask those questions. It’s inevitable, so be ready. Prepare a complete assessment of risks and inefficiencies, and be sure to fully articulate what you would do today if your data preservation practices were called into question or a motion for spoliation sanctions was filed against your company. 3 4
  • 4. www.legalholdpro.com © 2012 Zapproved Inc. All rights reserved. Next, you need to present a detailed estimate of the costs of a new legal hold management system. Evaluate the Total Cost of Ownership (TCO) which factors in IT infrastructure costs, opportunity costs associated with managing and maintaining hardware and software, and the productivity loss of dealing with a poorly designed or manual process. It takes a little effort to be ready, but getting executive buy-in and budgetary approval can be a short conversation if you’ve done your homework. FIVE: Get IT buy-in How is the software delivered? What installation is required and how many IT resources will be needed to support it? Will your data be safe and secure? Having your IT team do its due diligence is a necessary and important step. We have worked with many IT teams to provide the information they need to be confident. Our team can provide security documentation and the results of testing by some of the most demanding clients in the industry. We frequently have a special meeting with our technical team to answer any concerns. SIX: Finalize the contract Who is responsible for reviewing contracts and executing purchase orders? How long is the term of the subscription? What are the expectations around payment? It’s easy to get lost in the details of a multi-page contract. Our standard agreement has been updated in order to expedite the purchasing process. We work with lawyers and procurement staff to help them understand our product and some of the aspects of “software-as-a-service” with which they may not be familiar. SEVEN: Roll out the legal hold management system Who will be using the legal hold management system and need admin rights and training? How do we import our contacts and set up our templates? Will our custodians know what to do? Now it is time to ensure a successful implementation so that you can realize the benefits of automating the litigation hold process. Fortunately our system is intuitive so training is simple and can often be conducted with one online session. Our support team will assist with navigating a couple of technical issues, including working to ensure email deliverability and importing contact lists. We can also share with you ways to inform your custodians so that they know what to do when they receive their next hold notification. 5 6 7