eDiscovery Cost Reduction Strategies


In these still questionable economic times, most legal departments are still looking for ways to reduce, or at least stop the growth, of their legal budgets. One of the most obvious targets for cost reduction in any legal department is the cost of responding to eDiscovery including the cost of finding all potentially responsive ESI, culling it down and then having in-house or external attorneys review it for relevance and privilege. Per a CGOC survey, the average GC spends approximately $3 million per discovery to gather and prepare information for opposing counsel in litigation.

Most organizations are looking for ways to reduce these growing costs of eDiscovery. The top four cost reduction strategies legal departments are considering are:

  • Bring more evidence analysis and do more ESI processing internally
  • Keep more of the review of ESI in house rather that utilize outside law firms
  • Look at off-shore review
  • Pressure external law firms for lower rates

I don’t believe these strategies address the real problem, the huge and growing amount of ESI.

Several eDiscovery experts have told me that the average eDiscovery matter can include between 2 and 3 GB of potentially responsive ESI per employee. Now, to put that in context, 1 GB of data can contain between 10,000 and 75,000 pages of content. Multiply that by 3 and you are potentially looking at between 30,000 and 225,000 pages of content that should be reviewed for relevancy and privilege per employee. Now consider that litigation and eDiscovery usually includes more than one employee…ranging from two to hundreds.

It seems to me the most straight forward and common sense way to reduce eDiscovery costs is to better manage the information that could be pulled into an eDiscovery matter, proactively.

To illustrate this proactive information management strategy for eDiscovery, we can look at the overused but still appropriate DuPont case study from several years ago.

DuPont re-looked at nine cases. They determined that they had reviewed a total of 75,450,000 pages of content in those nine cases. A total of 11,040,000 turned out to be responsive to the cases. DuPont also looked at the status of these 75 million pages of content to determine their status in their records management process. They found that approximately 50% of those 75 million pages of content were beyond their documented retention period and should have been destroyed and never reviewed for any of the 9 cases. They also calculated they spent $11, 961,000 reviewing this content. In other words, they spent $11.9 million reviewing documents that should not have existed if their records retention schedule and policy had been followed.

An information management program, besides capturing and making ESI available for use, includes the defensible deletion of ESI that has reached the end of its retention period and therefore is valueless to the organization.

Corporate counsel should be the biggest proponents of information governance in their organizations simply due to the fact that it affects their budgets directly.

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The ROI of Information Management


Information, data, electronically stored information (ESI), records, documents, hard copy files, email, stuff—no matter what you call it; it’s all intellectual property that your organization pays individuals to produce, interpret, use and export to others. After people, it’s a company’s most valuable asset, and it has many CIOs, GCs and others responsible asking: What’s in that information; who controls it; and where is it stored?

In simplest terms, I believe that businesses exist to generate and use information to produce revenue and profit.  If you’re willing to go along with me and think of information in this way as a commodity, we must also ask: How much does it cost to generate all that information? And, what’s the return on investment (ROI) for all that information?

The vast majority of information in an organization is not managed, not indexed, not backed up and, as you probably know or could guess, is rarely–if ever–accessed. Consider for a minute all the data in your company that is not centrally managed and  not easily available. This data includes backup tapes, share drives, employee hard disks, external disks, USB drives, CDs, DVDs, email attachments  sent outside the organization and hardcopy documents hidden away in filing cabinets.

Here’s the bottom line: If your company can’t find information or  doesn’t know what it contains, it is of little value. In fact, it’s valueless.

Now consider the amount of money the average company spends on an annual basis for the production, use and storage of information. These expenditures span:

  • Employee salaries. Most employees are in one way or another hired to produce, digest and act on information.
  • Employee training and day-to-day help-desk support.
  • Computers for each employee
  • Software
  • Email boxes
  • Share drives, storage
  • Backup systems
  • IT employees for data infrastructure support

In one way or another, companies exist to create and utilize information. So… do you know where all your information is and what’s in it? What’s your organization’s true ROI on the production and consumption of your information in your entire organization? How much higher could it be if you had complete control if it?

As an example, I have approximately 14.5 GB of Word documents, PDFs, PowerPoint files, spreadsheets, and other types of files in different formats that I’ve either created or received from others. Until recently, I had 3.65 GB of emails in my email box both on the Exchange server and mirrored locally on my hard disk. Now that I have a 480 MB mailbox limit imposed on me, 3.45 GB of those emails are now on my local hard disk only.

How much real, valuable information is contained in the collective 18 GB on my laptop? The average number of pages of information contained in 1 GB is conservatively 10,000. So 18 GB of files equals approximately 180,000 pages of information for a single employee that is not easily accessible or searchable by my organization. Now also consider the millions of pages of hardcopy records existing in file cabinets, microfiche and long term storage all around the company.

The main question is this: What could my organization do with quick and intelligent access to all of its employees’ information?

The more efficient your organization is in managing and using information, the higher the revenue and hopefully profit per employee will be.

Organizations need to be able to “walk the fence” between not impeding the free flow of information generation and sharing, and having a way for the organization as a whole to  find and use that information. Intelligent access to all information generated by an organization is key to effective information management.

Organizations spend huge sums of money to generate information…why not get your money’s worth? This future capability is the essence of true information management and much higher ROIs for your organization.