1. WHAT MATTERS MOST TO CORPORATE
COUNSEL IN E-DISCOVERY MANAGEMENT
Presenting the results from BDO’s inaugural
Inside E-Discovery Survey
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2. ACEDS Membership Benefits
Training, Resources and Networking for the
E-Discovery Community
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or Call ACEDS Member Services 786-517-2701
2
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“ACEDS provides an excellent, much needed forum… to train, network and stay
current on critical information.”
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3. Presenters
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Stephanie L. Giammarco leads BDO’s Forensic Technology Services
practice with more than 20 years of experience and a background in
accounting, information technology and criminology. Having worked
on some of the largest financial frauds to date, she has led teams
creating databases of millions of records, performed advanced data
analytics and provided testimony pertaining to damages and
electronically stored information.
Ms. Giammarco provides litigation and consulting services to
organizations and their counsel, including data analytics, computer
forensics and e-discovery services related to domestic and
international matters involving product liability, financial statement
fraud, class action lawsuits, internal investigations, securities fraud,
employee and vendor schemes, and breach of contract. She is skilled
in the collection, preservation and analysis of electronic evidence,
as well as the implementation of various e-discovery tools.
She has been deposed as a Rule 30(b)6 e-discovery witness and
testified before the Judicial Arbitration Services on the calculation
of damages in contract disputes. Ms. Giammarco has published and
presented on a range of computer forensics and e-discovery topics,
including before the Securities and Exchange Commission, Security
Industry Authority and National Futures Association.
Steve Buddell is a Senior Manager in the Forensic Technology and E-Discovery
practice of BDO in London. Mr. Buddell draws upon 18
years of experience in the delivery of forensic information
technology (IT) services and solutions to support criminal and civil
investigations in the public and private sectors. He has focused on
engagements requiring solutions to deal with vast volumes of data
and hardcopy material in respect of litigation affecting
multinational organizations.
Mr. Buddell has built, worked with and managed multi-skilled teams
in Europe, Asia and South America to provide forensic technology
and e-discovery solutions to comply with local and international
legal requirements and applicable to the subsequent movement of
data between jurisdictions.
In October 2009, he was awarded the F3 award for Outstanding
Contribution to Forensic Computing in recognition for his activities
in seeking to bring together IT professionals from all areas of the
public and private sectors, in order to share and discuss prevailing
and anticipated tools and techniques used to secure, process,
analyze and produce data for review.
Stephanie L. Giammarco, CPA/CITP, CFE, CEDS
BDO Consulting Partner
sgiammarco@bdo.com
Direct: 212-885-7439
Steve Buddell
BDO Senior Manager
steve.x.buddell@bdo.co.uk
Direct: +44 (0) 20 3219 4016
5. About BDO’s Inside E-Discovery Survey
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Conducted by BTI
Consulting Group
Surveyed 100 Senior
In-House Counsel
Asked About the
State of E-Discovery
Detailed Report
Available
6. 6
Key
Findings
An inside look at the
state of e-discovery
7. Key Findings
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6.5
Corporate counsel give internal and
external resources a grade of
6.5 out of 10 for overall
effectiveness
E-discovery effectiveness leaves room for improvement.
8. Key Findings
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15.6%
12.5%
9.4%
14.1%
48.4%
Importance of E-Discovery
Management Factors
Percent of Companies Ranking Factor
Most Important
Understanding Universe of
Potentially Responsive Evidence
Early in the Case
Predicting Total Cost
of E-Discovery Early
in the Case
Reducing E-Discovery
Review Fees
Ability to Utilize Previously
Collected and Processed Data
for Other Matters
Reducing E-Discovery
Processing Fees
9. Key Findings
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3.8%
11.8%
11.8%
15.7%
25.5%
31.4%
New Guidelines
and Policies
Adopted Tools
and Technologies
Hired Outside Vendor
Analysis of
Current Systems
Added In-house
Resources
Cloud-based Storage
Changes in Managing
E-Discovery
Percent of Respondents
10. Key Findings
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10.0%
10.0%
12.5%
15.0%
17.5%
22.5%
Managing Mobile and
Social Networking Data
Cost Control
New Regulations
Automating Processes
Developing
In-house Capabilities
Cloud-based Data Storage
Future E-Discovery Issues
Percent of Respondents
Note: Chart does not add up to 100%. Responses
smaller than 10% excluded.
11. Key Findings
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Early Adopter
5.4%
Mainstream
39.2%
Late Adopter
55.4%
Organization’s Willingness to Adopt New Tools and Technologies
Percent Ranking Company Classification
12. $16M
$12M
12
$10.7M
$1.2M
$8M
$4M
$0M
Litigation E-Discovery
Key Findings
Average Annual Litigation and
E-Discovery Spending
Millions of Dollars
=11% 1.2m
10.7m
13. Key Findings
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Increase
43.2%
Stay the Same
50.6%
Decrease
6.2%
E-Discovery Spending Expectations
Percent Total of Company Expectation
14. Key Findings
Total Cost
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Importance of Factors When Hiring E-Discovery Providers
Percent of Respondents Ranking
Factor Most Important
23.8%
47.6%
Quality
Percent of Respondents Ranking Factor
First or Second in Importance
68.3%
68.3%
58.7%
100%
50%
0%
58.7%
Quality Cost
Corporate counsel look for quality at the right cost.
15. Key Findings
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40
20
0
Time Spent Managing E-Discovery, Per Person
75th Percentile
Time Spent Managing E-Discovery, per Person
Hours per Week
25th Percentile
High
Average
Median
Low
50.0
15
10.9
6.0
2.0
16. Key Findings
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More Than Half of Companies Designate a Single Individual to Be Accountable for E-Discovery
54.3% of companies
designate a single individual
20. Global Considerations
Perspectives on cross-border e-discovery
The 1995 EU Data Protection Directive
US “Personal Data” differs from EU “Personal Data.”
US “Processing” differs from EU “Processing.”
The European Convention on Human Rights 1950 (EHCR)
Article 8: Right to respect for private and family life.
The Hague Convention
Article 23: Prevents discovery of any information sought in relation to
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foreign proceedings.
21. Global Considerations
Perspectives on cross-border e-discovery
Navigating data privacy, secrecy legislation and blocking statues
affecting cross-border investigations.
“Catch 22” - the use of Blocking Statutes:
Swiss Banking Act – Article 47
Swiss Penal Code – Article 271
French Penal Law No. 80-538
Obtaining consent from the custodian.
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22. Global Considerations
Perspectives on cross-border e-discovery
Where is the data and what is needed?
Understanding the IT infrastructure.
Securing the data.
E-Discovery “in a box.”
Deployment of mobile e-discovery processing capability.
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Hello and welcome to this ACEDS webcast, What Matters Most to Corporate Counsel in E-Discovery Management, presented by BDO. I`m your host Robert Hilson of ACEDS and I am joined today by two excellent presenters, including a member of the ACEDS Advisory Board, and I will introduce them in a moment. But first I have a brief announcement.
For those of you who aren’t familiar with us, ACEDS is Barbri Professional Association that provides training, resources, and networking to the e-discovery community. We also offer the Certified E-Discovery Specialist credential, which is held by more than 1000 professionals around the world. You can join today and start receiving a number of benefits exclusive to our members, including news content, on-demand web seminars, our bits+bytes newsletter and discounts on certification and next year`s annual conference in Washington, DC. That event will take place from September 28 to September 30 and we already have some great speakers lined up, including Judge Paul Grimm, Judge David Waxse, and Judge Thomas Vanaskie, who sits on the 3rd Circuit Court of Appeals. So it`s shaping up to be a great show, and I encourage you to shoot us an email if you are interested in attending.
As I said, we have two excellent presenters today. Stephanie Giammarco is a consulting partner at BDO who leads the firm`s Forensic Technology Services practice. With a background in accounting, information technology and criminology and more than 20 years of experience, she has worked on some of the largest financial frauds to date and has led teams creating databases of millions of records, performing advanced data analytics on those records and provided testimony pertaining to damages and ESI. As I mentioned, she is also a member of the ACEDS Advisory Board and CEDS-certified, and we are glad to be with her today.
Stephanie, thanks for joining us.
Stephanie is joined by Steve Buddell, a senior manager in the forensic technology and e-discovery practice of BDO in London. With 18 years of experience delivering forensic information technology services and solutions to support criminal and civil investigations in the public and private sectors, he has focused on engagements requiring solutions to deal with vast volumes of data and hardcopy materials related to litigation affecting multinational organizations. In 2009, he was awarded the F3 award for Outstanding Contributions to Forensic Computing, among other accolades.
Steve, it`s a pleasure to have you here. Thanks for joining us.
And before I hand it over to Stephanie, I want to encourage our audience today to ask questions in the questions pane on the right of your screen. And we will get to them at the end of the session if time allows. Okay, Stephanie, I will turn it over to you and Steve.