So, You Want to Control Litigation Spend? – Try the Combo of Analytics and Managed Review Services

By: Cathy Fetgatter, SVP, Analytics & Managed Review

I recently chatted with two very dynamic and respected associate general counsels to dig into how law departments are using analytics and managed review to control and optimize legal spend.   
Here are some highlights from my conversation with eBay’s Bob Tronnes, Associate General Counsel, Head of Americas Litigation, and Archana Rajendra, Henry Ford Health System’s Senior Associate General Counsel.   

Methods for Managing Litigation Cost Madness

eBay created an internal eDiscovery function with people and technology (including analytics) to take more control over the process. They hired a group of eDiscovery vendors that became familiar with eBay’s business, workflows, and data map. By utilizing a consistent team of vendors, you can say goodbye to constantly training law firm-selected vendors on your workflows and data repositories.   

For Archana, having an eDiscovery playbook – a set of processes and workflows used in every matter – is key for managing their litigation costs. She involves all the key stakeholders like IT, HR, and legal in creating the playbook, and then executing the repeatable processes.

These are great examples of how to contain litigation costs today. I also like to have clients identify their litigation spend “red flags” –the largest cost drivers — and then focus there. Even when a provider offers a per document rate, for example, be sure to negotiate transparent metrics so you can really understand the cost drivers.

Analytics are Not Invaders Taking Over Review

The mention of TAR still fuels fears that we are handing review over to machines. Not so. Analytics do not replace human reviewers – they help make their review easier and efficient. Analytics are awesome for review prioritization and organization, especially in large cases.

Bob and Archana both strategically use analytics.
  
“Analytics is a must in large scale litigation privilege review – to manage inadvertent disclosure or missed information,” Archana Rajendra, Henry Ford Health System’s Senior Associate General Counsel.

“All of our major cases have an analytics component … We use analytics for all early case assessment and some form of analytics for privilege review in addition to traditional privilege screens,”  Bob Tronnes, Associate General Counsel, Head of Americas Litigation, eBay

Optimizing Remote Review

Remote review will live beyond the pandemic. The upside — clients now have access to broader talent pools and rates since the limits of brick and mortar review locations are gone.  

Remote review also brings risks — security, remote supervision, and loss of team communication.
Innovative Discovery uses online tools that optimize the security and supervision of remote reviewers.

Download the Webinar. You can listen to the full webinar conversation here.

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