In-House EDD processing: A Closer Look

Robert M. Miller, JD & James Crane

INTRODUCTION

Recently, there have been articles extolling the virtues of corporations handling their electronic data discovery (“EDD”) processing internally. The primary benefit put forth by the proponents is cost savings. Specifically, one such article “Data, Data Everywhere” proposes that in-house EDD processing can be done for a mere $250 per gig. We are not certain if the $250 figure is realistic or not as specifics were not given regarding the scope or deliverable. Even though we question this figure, we do, however, agree that corporate law departments can realize a significant cost savings by taking control of their documents and moving some e-discovery processes in-house. While considering whether or not to commit to an internal e-discovery processing shop, there are a number of considerations other than cost that law departments need to explore. Such considerations range from measurables, such as time, capital, and training, to those that are harder to measure, such as experience, expertise, and proven methodologies. In addition to these, e-discovery is fluid and evolving and encompasses more than simply “processing.” An understanding of the entire process (a “cradle to grave” approach) is necessary to properly and efficiently handle the discovery needs of a large corporation.

We believe in the premises that when a corporation controls its own documents, it controls its bottom line. Because of this, we advocate corporations take a proactive approach to the defense of large-scale actions by developing and implementing best practices from retention policies to document productions. As a result, we are able to assist corporations in the creation of custom solutions that can be executed consistently and successfully.

Experience and Expertise

There is an inherent value in letting experts do the work in which they specialize. Altep has expended significant capital (both human and financial) in order to accumulate expertise and resources to efficiently perform electronic data processing. E-discovery is an intricate process, and doing it efficiently and correctly requires much more than simply buying processing software and a computer. As with any industry, there are a number of methods available for processing a client’s electronic media, and some are better than others. After handling e-discovery for some of the nation’s largest corporations over the last ten years, we have learned which of these methods work and which ones do not. The resulting model was born from exhaustive modifications and enhancements to the latest processing software, consistent evaluation and analysis of the resulting work product, and countless revisions to processes. This continuing evolution of our model has given us unparalleled acumen for e-discovery and the legal, technological, and business challenges it brings.

Obviously, a corporation could choose to employ individuals that are proficient and knowledgeable of this industry. However, due to the complexity and ever-changing nature of e-discovery, the corporation will find it difficult to duplicate the cumulative knowledge, experience and efficiencies achieved by an expert such as Altep.

CONSISTENT AND DEFENSIBLE PROCESS

Following in the wake of Zubulake and Morgan Stanley, as well as the recent changes to the Federal Rules of Civil Procedure, it is clear all corporations must be prepared to demonstrate to the court and opposing parties the steps and precautions it followed in the preservation, collection and review of its electronic information. Through their partnership with Altep, our clients have the confidence and reliability of a consistent, defensible process that has withstood scrutiny across many jurisdictions. The entire process is meticulously documented and affidavits or witness testimony are available should either ever be needed. Rather than relying on the memory or the documentation of an in-house IT tech for a deposition or spoliation hearing regarding a collection that was done years ago, the experts at Altep can be called upon to explain how the data was collected and processed with methodical and expert detail.