Budgetary Feast or Famine? How to Innovate in

Budgetary Feast or Famine? How to Innovate in
eDiscovery No Matter What Your Budget Is
Tameka M. Collier
Chief, Litigation Support Center
United States Air Force
240.612.6687
[email protected]
Glenn Melcher
eDiscovery and Information Governance
Attorney
Office of Enforcement
Consumer Financial Protection Bureau
202.435.9762
[email protected]
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Electronic Discovery Symposium for Government Agencies Innovation in Government
Wendy King
ECM, eDiscovery Project Lead
Department of the Treasury
202.622.7177
[email protected]
Budgetary Feast or Famine? How to Innovate in
eDiscovery No Matter What Your Budget Is
Tameka M. Collier
Chief, Litigation Support Center
United States Air Force
240.612.6687
[email protected]
AIR FORCE E-DISCOVERY
Deloitte Electronic Discovery Symposium
for Government Agencies
May 15, 2014
Tameka M. Collier
Chief, Litigation Support Center
Integrity - Service - Excellence
REQUIREMENT
Requirement
Streamlined, repeatable, auditable
process to search, preserve and
collect Air Force information, including
electronically stored information (ESI)
Electronic Discovery Reference Model
Policy/Process
Litigation Holds
Litigation Support Center
Lessons Learned
Information Governance
Types of Data
Data Storage Policies
Data Storage Practices
Location of Data
Access to Data
DATA MAPPING
AFNET
SHORT TERM LITIGATION HOLD PROCESS
Records
AFRO
Office
Managing
Attorney
Record
Custodian
Individuals
Functional
Area
Records
Manager
Base
Records
Manager
Command/
Agency
Records
Manager
Network
Operations
Elements
Network Operations Element
= Initial Distribution from Managing Attorney to AFRO or Individual Recipient
= AFRIMS Distribution to, and Response from, Records Professionals/NOE
= Return of Worksheet by Individuals in Individual-only Distributed
Requests
Lessons Learned
Collaboration
Technical Expertise
Buy-In
Accountability
Shared Resources
Lessons Learned
Needs Assessment
Scope of Searches/Preservation
Volume of Information
Frequency
Other uses: FIOA, Congressional Inquiries
TO BE CONTINUED…
Glenn Melcher
eDiscovery and Information Governance
Attorney
Office of Enforcement
Consumer Financial Protection Bureau
202.435.9762
[email protected]
FAMINE
How to Do eDiscovery With No Budget
Budgetary Feast or Famine? How to Innovate in
eDiscovery No Matter What Your Budget Is.
Define the Problem
• Preservation Obligations
• Review
• Production
• FOIA
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Electronic Discovery Symposium for Government Agencies Innovation in Government
Budgetary Feast or Famine? How to Innovate in
eDiscovery No Matter What Your Budget Is.
Identify the Harm
• Monetary Sanctions
• Case Dismissal
• Unfavorable Decision
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Electronic Discovery Symposium for Government Agencies Innovation in Government
Budgetary Feast or Famine? How to Innovate in
eDiscovery No Matter What Your Budget Is.
Determine the Stakeholders
• Business Unit(s)
• OGC
• FOIA Office
• IT
• Others?
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Electronic Discovery Symposium for Government Agencies Innovation in Government
Budgetary Feast or Famine? How to Innovate in
eDiscovery No Matter What Your Budget Is.
The Hardest Part?
Getting Everyone in the Same Room
(And on the Same Page)
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Electronic Discovery Symposium for Government Agencies Innovation in Government
Budgetary Feast or Famine? How to Innovate in
eDiscovery No Matter What Your Budget Is.
Policy/Process:
Early Assessment of Custodians
Breadth of Preservation
End Game
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Electronic Discovery Symposium for Government Agencies Innovation in Government
Budgetary Feast or Famine? How to Innovate in
eDiscovery No Matter What Your Budget Is.
Leverage Existing Resources
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Electronic Discovery Symposium for Government Agencies Innovation in Government
Budgetary Feast or Famine? How to Innovate in
eDiscovery No Matter What Your Budget Is.
Leverage Existing Resources
IT
Hel Desk/Desk Side Support
Collection/Preservation
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Electronic Discovery Symposium for Government Agencies Innovation in Government
Budgetary Feast or Famine? How to Innovate in
eDiscovery No Matter What Your Budget Is.
Leverage Existing Resources
FOIA
Review Process
Production
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Electronic Discovery Symposium for Government Agencies Innovation in Government
Budgetary Feast or Famine? How to Innovate in
eDiscovery No Matter What Your Budget Is.
Measure
Measure
Measure
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Electronic Discovery Symposium for Government Agencies Innovation in Government
Budgetary Feast or Famine? How to Innovate in
eDiscovery No Matter What Your Budget Is.
Measure
Measure
Measure
Metrics Are Your Friend
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Electronic Discovery Symposium for Government Agencies Innovation in Government
Budgetary Feast or Famine? How to Innovate in
eDiscovery No Matter What Your Budget Is.
Propose Technology Upgrades
Justify Costs With ROI
Include Normal Anticipated Litigation
AND
The “Big Case”
Regularly Update Plan
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Electronic Discovery Symposium for Government Agencies Innovation in Government
FEAST
Even Budget Needs to Be Managed
Budgetary Feast or Famine? How to Innovate in
eDiscovery No Matter What Your Budget Is.
DEFINE THE TASK
• Preservation Obligations
• Review
• Production
• FOIA
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Electronic Discovery Symposium for Government Agencies Innovation in Government
Budgetary Feast or Famine? How to Innovate in
eDiscovery No Matter What Your Budget Is.
Identify Where to Spend the Money
• Technology Infrastructure
• eDiscovery Tools
• People
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Electronic Discovery Symposium for Government Agencies Innovation in Government
Budgetary Feast or Famine? How to Innovate in
eDiscovery No Matter What Your Budget Is.
Issues
• IT Priorities
• eDiscovery Tool Support
• Hiring/Managing Contractors
• In-House Personnel
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Electronic Discovery Symposium for Government Agencies Innovation in Government
FAMINE
How to Do eDiscovery With No Budget
Wendy King
ECM, eDiscovery Project Lead
Department of the Treasury
202.622.7177
[email protected]
Budgetary Feast or Famine? How to Innovate in
eDiscovery No Matter What Your Budget Is.
Performed Lean Six Sigma (LSS) Project*
Purpose of the LSS Project
• Lean
• Eliminate Waste
• Every Action Should Create Value
• Six Sigma
• Improve Quality of Process
• Decrease Defects
• Minimize Variability
Goal
• Reduce Time To Return Search Results
*Note this is not an endorsement of any process efficiency method.
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Electronic Discovery Symposium for Government Agencies Innovation in Government
Budgetary Feast or Famine? How to Innovate in
eDiscovery No Matter What Your Budget Is.
Tracked Metrics
Measure Phase
• Purpose
• Understand Current Process
• Value Stream Map
• Collect Reliable Data
Track
• Internal Requestor’s Office
• Number of Custodians Per Case
• Number of Keywords Per Case
• Date Range
• Date Submitted/Date Returned to Internal Customer
• IT Segments
• Running Search
• Deduplication
• Creating pst etc.
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Electronic Discovery Symposium for Government Agencies Innovation in Government
Budgetary Feast or Famine? How to Innovate in
eDiscovery No Matter What Your Budget Is.
End Result
Outcome
• Upper Management
• Learned of challenges
• Reprioritized assets
• No funds were spent
Effect
• Reduced time for Track 1 search by 14%
• Reduced time for Track 2 search by 53%
• On Upper Management’s Radar
• Asked what else could be done
– Answer: eDiscovery tool
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Electronic Discovery Symposium for Government Agencies Innovation in Government
Budgetary Feast or Famine? How to Innovate in
eDiscovery No Matter What Your Budget Is.
START
TRACKING
METRICS
NOW
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Electronic Discovery Symposium for Government Agencies Innovation in Government
Budgetary Feast or Famine? How to Innovate in
eDiscovery No Matter What Your Budget Is.
Questions
First Question: How Much Will It Save?
• What is your current cost?
• Salary
• Hours
• What would the cost be with a tool?
• Second Question: How Much Will It Cost?
• Most eDiscovery pricing is based off some combination of:
• Number of end user licenses
• Amount of GB processed
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Electronic Discovery Symposium for Government Agencies Innovation in Government
Budgetary Feast or Famine? How to Innovate in
eDiscovery No Matter What Your Budget Is.
Identify Potential Allies
Think Broadly
• Who has similar needs?
• General Counsel?
• FOIA?
• Investigators – External?
• Investigators – Internal?
• Think Even Broader
• Who else has similar needs?
• Bureau?
• Department?
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Electronic Discovery Symposium for Government Agencies Innovation in Government
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Electronic Discovery Symposium for Government Agencies Innovation in Government