Risk Aversion, Cost Top These In-House Lawyers' Requirements for E-Discovery
During Legalweek, a panel of in-house counsel said they continually evaluate their e-discovery process's risks and costs to see if the process is supporting the company.
January 30, 2019 at 03:31 PM
3 minute read
During Legalweek's “Rethinking Your E-Discovery Approach for In-House Counsel” panel, in-house counsel said it's best to take a risk- and financial-based assessment when evaluating what's the best e-discovery process for their company.
The panelists said while the plethora of e-discovery vendors and technology innovations can be enticing, attorneys shouldn't be blinded by the glitz of “innovation” when deciding their e-discovery process. Instead, e-discovery processes should be based on its impact to risk and the company's bottom line.
AIG vice president and assistant general counsel Dawson Horn III said that such metrics are key in fully assessing the quality of a legal department's e-discovery process.
“I think capturing that data and that type of scientific rigor is somewhat infrequent,” Horn said. “Though as people start to think about it more it's become more frequent. And one of the factors I point to is the increasing development of legal operations in certain corporate law departments in driving a more focused approach of what metrics are, how we can see and measure our costs and … how we can see and measure our risks over a course of data.”
Such assessment of data shows a legal department's needs are unique to individual companies and a one-size-fits-all approach to e-discovery isn't correct. Brian Corbin, executive director and associate general counsel of JPMorgan Chase & Co., said a legal department's needs are influenced by a company's size, industry, litigation activity, regulatory confines, maturation and a host of company variables.
Still, every company's e-discovery process should be rooted in risk aversion and cost. “You really have to assess where the cost-benefit analysis is for your company,” said Tom Morrissey, Purdue's senior director of legal operations and e-discovery. “Is there a value to make that change, that's what it comes down to.”
While law departments faced with many lawsuits are more likely to outsource much of their e-discovery, AIG's Dawson suggested that they look at handling this workload internally. “You probably have a basis for doing things more in-house,” he said. “If you don't, I think you really have to build a case for spending this amount building this entire interim structure.”
But while bringing more e-discovery processes in-house may seem like a better and cheaper approach to e-discovery, GCs should also evaluate if the move will increase risk.
“Ultimately, it's going to come done to ROI [return on investment] just like everything else,” said Corbin of JPMorgan Chase & Co. “If you can do it in a risk-averse and less expensive manner than a service provider and have the appetite to take on that risk, I think that's the linchpin for the whole thing.”
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllTrending Stories
- 1Call for Nominations: Elite Trial Lawyers 2025
- 2Senate Judiciary Dems Release Report on Supreme Court Ethics
- 3Senate Confirms Last 2 of Biden's California Judicial Nominees
- 4Morrison & Foerster Doles Out Year-End and Special Bonuses, Raises Base Compensation for Associates
- 5Tom Girardi to Surrender to Federal Authorities on Jan. 7
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250