With data volumes skyrocketing and the costs of litigation following a similar trajectory, organizations are exploring alternative models for managing e-discovery aside from the traditional model of outsourcing parts (or all) of the process to their outside counsel. Instead, the topic of a recent Corporate Counsel article, “Corporations Moving Into the E-Discovery Driver’s Seat,” corporate counsel are taking a more direct approach.
Organizations are increasingly driving processes on the left-hand side of the EDRM framework, including data identification, preservation, and collection, that are part of larger corporate data management activities. As corporations move “right,” including the processing, review and analysis stages of a matter, they are increasingly entering into direct relationships with external providers that offer managed services.
Organizations opting to employ managed services can achieve a number of objectives:
Improve budgeting: Many managed service providers offer flexible fee arrangements that allow organizations to predict their costs across matters.
Standardize processes: Unifying services in either a single or just a handful of managed service providers ensures that processes are consistent from matter to matter, improving defensibility.
Scale without CapEx or OpEx: Retaining a managed service provider can help an organization rapidly scale up and down to meet the organization’s needs, preventing unnecessary expenditures on overhead and infrastructure.
Leverage technology innovation: Organizations that outsource review and analysis in a hosted, cloud-based model have access to the latest and greatest in discovery software and knowhow, including technology-assisted review and other advanced data visualization and analytics tools, without the need to continually invest in evolving technology.
Increase security: Managed services providers are aware of the latest threats and have mechanisms in place to safeguard privileged, confidential, and proprietary information at the physical, application, and end-user levels.
This is just a partial list of the benefits managed services can offer while still allowing the organization to maintain strategic oversight over its matters. In short, choosing the right outsourcing model can help organizations meet their needs while maximizing their e-discovery budget and achieving defensible results.