Lighthouse Blog

In honor of International Women’s Day 2020, Lighthouse is featuring female leaders within the industry who actively choose to challenge stereotypes, fight bias, broaden perceptions, improve situations, and celebrate women's achievements. Below are spotlights on each of our 2020 featured females helping to make a gender equal world. Check them out!1. What does a gender-equal world mean to you? It means a meritocracy where everyone with skill, hard work, and imagination may aspire to, and actually can achieve, the highest level regardless of gender. It means the elimination of explicit and implicit biases that can skew professional relationships and result in disparate opportunities. It means having a voice and a seat at the table earned through performance and not being sidelined because of gender.2. How do you personally challenge stereotypes and/or fight biases around females in the workplace? I was raised in a counter-stereotypical environment. My mother was the primary breadwinner and a full-time working professional, while my father took on most of the childcare responsibilities after a full work day of physical labor that began at 5 a.m. I grew up playing backyard tackle football with my brother and male family friends in mud, ice, and rain, and they did not go easy on me. I then joined the Marine Corps. Until a few years ago, I never had the perception that there were limits on what I could achieve because I am female.Unfortunately, I am now intimately aware of the ugly reality of gender discrimination. My experiences allow me to better understand the elements that contribute to disparate treatment and what can be done to address them. Raising awareness of these issues in a more vocal way is in the works. I have never been afraid to challenge the status quo (like using predictive coding in 2012) and I will continue to do so to effectuate positive change.When faced with bias in the past, I researched and gathered information regarding best practices to address such issues. I presented recommendations to leadership and organized events to build community and provide training. I continue to provide mentorship and support to other women. And, I challenge stereotypes by persevering as a working mom in big law.3. How do you celebrate other women's achievements? I like to spread awareness of other women’s achievements and provide other women opportunities to shine. I go out of my way to ensure key decision makers know about the accomplishments of other women.4. What recommendations do you have for others looking to ensure a gender equal workplace? For those trying to establish best practices internally, there are a myriad of resources available. For example, the Center for Worklife Law, spearheaded by the Professor Joan Williams, provides an array of practical tools, model policies, training, and best practice guides. Vote with your feet and dollars. If efforts to effectuate change internally fall on deaf ears, go somewhere else where there is a demonstrated commitment to providing a level playing field. Dentons is truly invested in supporting women, as apparent through their review processes, bias training and safeguards, development and authentic leadership diversity. Support vendors and consultants who demonstrate gender equality. Be cognizant of who you work with and keep busy. Build community.1. What does a gender-equal world mean to you? To me a gender-equal world means not having to over analyze each piece of my daily life to assure my value is recognized by all participants. It means not having to change my approach, tone, or demeanor to be heard by my male colleagues. It means I can be ME.2. How do you personally challenge stereotypes and/or fight biases around females in the workplace? I personally challenge stereotypes at my firm by being a strong leader, volunteering for important projects, speaking up in meetings, offering feedback to my colleagues equally, male and female. Importantly, I recognize my value to the firm. I am BRAVE. I am CONFIDENT.3. How do you celebrate other women's achievements? Through my leadership in the GOIC Lean In Circle and membership in the Diversity and Inclusion Committee at Orrick, I help host events and provide a forum for women’s accomplishments to be recognized. When working with my colleagues and teams I assure that credit earned is given.4. What recommendations do you have for others looking to ensure a gender equal workplace? Be persistent! Be ambitious! Don’t settle. Recognize your value. People live up to expectations. Make your value known, expect credit. If you don’t get it, seek it out. If you don’t expect to get the next big project, you may never get it. Volunteer and make your voice heard.1. What does a gender-equal world mean to you? A human is recognized for "their" personality and knowledge in all capacities. Mental and physical health are supported and provided for without bias. "We" are respected for virtues both positive and negative.2. How do you personally challenge stereotypes and/or fight biases around females in the workplace? Initially and always, listening. What's the reason for the bias? Challenging the responses with actions, calmness, and, ultimately, calling out the unbalanced views. Empathy to all is the sincerest way to "fight" and remove bias.3. How do you celebrate other women's achievements? I like to send notes or cards to congratulate as a small but personal article of celebration. Telling women how fantastic the achievements are and discussing them in other communities. Sharing the knowledge equates to opening new conversations or relighting old topics.4. What recommendations do you have for others looking to ensure a gender equal workplace? Develop an altruistic culture focusing on team dynamics, envelop clients into team and workspace initiatives, and, importantly, talk about it! Publicise the how, the who, and the why.1. What does a gender-equal world mean to you? It means fair treatment across the gender identity spectrum. It does not mean we have to look, talk, or act the same. We all bring something unique to the conversation and should be celebrated equally for our contributions. Rights, opportunities, obligations, and pay should not take gender into consideration. 2. How do you personally challenge stereotypes and/or fight biases around females in the workplace? My workplace makes diversity a priority. That being said bias still exists, often when you least expect it. When you experience bias, gather your thoughts, speak up, and don’t tolerate bad behavior. Set an example by never apologizing for being at the table. Your opinion matters so speak with authority. 3. How do you celebrate other women's achievements? We’re often bad at celebrating our own achievements, making it more important that we celebrate each other. Words of encouragement when things don’t go as expected and notes of recognition when they do. Use your organization's award, bonus, and feedback structure, especially if achievements were missed by the broader group. 4. What recommendations do you have for others looking to ensure a gender equal workplace? Begin with the end in mind. My organization works hard to expand our candidate pool, rethink our interview process so that a diverse panel interviews candidates, and set up mentor and onboarding programs that match diverse candidates. For my team, work life balance, flexibility, and open communication have been key.1. What does a gender-equal world mean to you? I aspire to a world where we equally value the attributes of all genders and celebrate the power of teams of people with different experiences, perspectives, and strengths. It may seem funny, but when traveling for business, I am often struck by the fact that I am the only woman in the hotel restaurant at breakfast. It would be inspiring to see that change. 2. How do you personally challenge stereotypes and/or fight biases around females in the workplace? My career path and non-partner role defy stereotypes. In my role, I strive to create an environment where it is safe to disagree and challenge the status quo. The success of my team shows that when you refuse to do things as they have always been done by the same people who have always done them, great things can happen. But, most of all, I love what I do contrary to stereotypes!3. How do you celebrate other women's achievements? As a team we foster meaningful relationships and connections among women so that we can lift each other up and challenge one another. We are active in Women in eDiscovery and She Breaks the Law, and recently nominated 16 women to the ABA Women in Tech list. When selecting vendors, technology solutions, and making investments via our legal tech fund, we look at whether the company has women in senior leadership roles. 4. What recommendations do you have for others looking to ensure a gender equal workplace? Re-imagine the skill set and talent profiles for new hires. Women are under-represented in senior leadership positions in the legal and technology industries. To expand your talent pool, look for candidates in other industries and value innate ability over previous titles and years of experience. Give early opportunities and invest in creating the next generation of women leaders. 1. What does a gender-equal world mean to you? At a basic level, gender equality means having gender never enter into the equation. However, for my everyday reality, it means a workplace where being a working mother that values and prioritizes time with her family does not count against me and is actually celebrated. 2. How do you personally challenge stereotypes and/or fight biases around females in the workplace? As a manager, I promote an environment that has open and honest communication and treats everyone equally. As a mother, I am raising my two young boys to think of women as not just equals, but as powerful forces. 3. How do you celebrate other women's achievements? As the world comes closer to gender equality, it is important that we reward all individuals in a way that does not create a greater divide. At a basic level, this means rewarding people for the quality of work they do and not just the number of hours they put in. 4. What recommendations do you have for others looking to ensure a gender equal workplace? There are a number of actions companies and individuals can take to help ensure gender equality in the workplace. These can be as simple as removing names from resumes to make them gender neutral, create pay bands based on position and not previous salary, and using gender neutral leave policies. 1. What does a gender-equal world mean to you? A world where gender is no longer a barrier to equal opportunity. A world free of the biases and prejudice currently associated with gender, both overtly and unconsciously, where everyone has a chance to develop their potential. 2. How do you personally challenge stereotypes and/or fight biases around females in the workplace? I support diversity in groups and teams, both during the hiring phase and after hiring. When hiring, I work with recruiters to ensure a diverse applicant pool. When managing, I encourage inclusion and collaboration, thereby allowing for a wide range of perspectives and opinions from which everyone will benefit.3. How do you celebrate other women’s achievements? Whenever a female colleague accomplishes something important, I take the time to recognize, support and encourage her. Where possible, I do so in person. In addition, and where necessary, I also use one of the other myriad avenues for such recognition, including email, phone, text, social media, company intranet.4. What recommendations do you have for others looking to ensure a gender equal workplace? Use best efforts to support and encourage diversity, and celebrate important accomplishments. Start during hiring, working with recruiters to ensure it includes both women and men. When managing, encourage inclusion and collaboration, encourage everyone to develop their potential, and take the time to celebrate the successes.1. What does a gender-equal world mean to you? Girls are often encouraged to believe they can do anything they set out to do, as long as they aren’t too loud about it, because, after all, they must behave like proper young ladies. In a gender-equal world, girls should be as brash as they wish and women should tout their accomplishments.2. How do you personally challenge stereotypes and/or fight biases around females in the workplace? I lead by example, making sure my voice is heard. When I run meetings, I ensure that every participant has the opportunity to contribute if they wish. I acknowledge great ideas put forth by women when their male counterparts try to co-opt them.3. How do you celebrate other women’s achievements? I choose words carefully when describing women’s achievements to ensure they are gender-neutral and give credit that is deserved. I use active voice to indicate a female team member has worked for her accomplishments, rather than phrases that seem to imply she was lucky to have something happen for her.4. What recommendations do you have for others looking to ensure a gender equal workplace? If you feel overlooked in the workplace, develop allies and mentors. Allies are female and male counterparts who will amplify your voice. Mentors can help navigate workplace politics and educate male-dominated leadership on the importance of gender equality.1. What does a gender-equal world mean to you? A gender-equal world is on in which all people, regardless of their sex, have the same opportunities and receive equal compensation.2. How do you personally challenge stereotypes and/or fight biases around females in the workplace? I definitely lead by example. As a leader in my organization, I also have a responsibility to identify and correct when stereotypes or biases surface. I find one-on-one conversations with a person who has articulated the stereotype or bias is effective. Some people don't even realize that they have biases. It is important to me that I am known for cultivating a fair work environment for everyone.3. How do you celebrate other women’s achievements? Women need more professional mentors. I seek mentors out myself and I have served as a mentor for many other women in my career. I celebrate the achievements of the women I have mentored with a personal note or even a quick text. I have close professional female counterparts at other organizations. We are intentional about staying connected. Congregations with these ladies at industry events often turn into think tanks of sorts and we are always celebrating someone's latest accomplishment. Women have to hold up and support other women.4. What recommendations do you have for others looking to ensure a gender equal workplace? If you are in the job market, look at the leadership of the organization. That will speak volumes about their efforts to ensure a gender equal workplace. Ask about their commitments to gender quality and any corporate programs they have in place to support those efforts. If you are in a company that lacks in this area, take the initiative to raise it and spearhead a proposal to help them elevate their efforts.A big shout out to the women who participated in our International Women's Day Campaign focused on #EachforEqual! Take a look at our 2019 International Women's Day Campaign. diversity-equity-and-inclusionediscovery-process, blog, diversity-equity-and-inclusion,ediscovery-process; bloglighthouse

When it comes to data privacy in healthcare fraud investigations and litigation, there is more than HIPAA to consider. Fraud investigations and litigation in the healthcare industry are growing. Whether these matters are handled internally or involve external parties to produce to, increased regulatory scrutiny — coupled with vast amounts of data generated by healthcare organizations — has created a pressing need for such organizations to become more adept at comprehensively inventorying, accessing, and reviewing internal data sources for potential fraud.A perennially tricky issue, and one that is just getting thornier, concerns how to treat sensitive, private data in a healthcare context. Healthcare organizations need to be mindful not only of carefully managing protected health information (PHI) subject to the Health Insurance Portability and Accountability Act (HIPAA), but also protected consumer information, which is now subject to regulations such as the California Consumer Privacy Act. Challenges and costs related to being compliant with these regulations are growing and setting themselves up to be just as substantial as managing privilege in litigation.Healthcare data: What privacy rules apply?To make sure these new compliance requirements do not inadvertently extend timelines or burn through budgets, those managing healthcare fraud matters need to proactively take stock of which regulatory regimes concerning personal data are applicable in their case and what data sets being reviewed in their matter could potentially have personal data subject to regulation.Now there is certainly a gray area in distinguishing between protected health information and protected consumer information in a healthcare context. Technically, information is PHI (and therefore subject to HIPAA) if it is created or received by a healthcare provider or health plan. But in today’s data-driven environment, there are a variety of touchpoints between consumers and healthcare services (e.g., marketing data analytics, customer service records, fitness app logs, fringe benefit tracking) that defy traditional understandings of what exactly differentiates PHI from a broader pool of potentially protected consumer data.So, whether subject to HIPAA or CCPA or other privacy mandates, healthcare companies nowadays need to be able to track potentially protected information across all of their data sources, including those not traditionally considered sensitive in that they do not contain information such as health histories, lab test results, or medical bill information.Healthcare fraud: Muddying the data privacy watersThe nature of healthcare fraud further complicates an approach to identifying and appropriately treating sensitive personal data. Matters related to false claims, physician self-referral, Medicaid/Medicare fraud, improper kick-backs, or non-compliant contract and billing practices (to name a few), most often require delving into internal email communications to understand to what extent a fraudulent pattern exists within the organization under investigation, thus enlarging the data pool subject to privacy mandates.The internal work of sorting out billing and coding issues is a messy affair that involves relaying a variety of details of specific patient treatment across multiple related emails. Methodically tracking how these questions get resolved internally over time is at the heart of good healthcare fraud investigation and litigation practice. And carefully treating the sensitive data involved in these conversations is a responsibility that comes with it. If, for instance, you are relying on techniques to extract personal data that have only been tested on structured electronic medical records, you will be missing data that is potentially protected in relevant email discussions.Similar to the task of finding potentially privileged information in large document sets, identifying and treating personal data in healthcare fraud requires its own dedicated workflow, leveraging a mix of tools and methods. The key to successful identification and treatment of protected personal data is being deliberate about the process you design and implement, and specific about the tools you are integrating into it.data-privacyblog, data-privacybloglighthouse

Last year, California passed legislation that alters civil discovery procedures and significantly impacts discovery for all litigants in state court. This change in the state court rules of civil procedure essentially makes it mandatory for the producing party to identify the specific discovery request to which each and every document is responsive. Many fear this new rule will exponentially increase the cost and burden of discovery requests. The good news is there’s a simple solution: use technology to easily automate the process. In this blog, I’ll discuss a brief overview of the rule, the potential impact, and how technology can save the day and provide an automated and cost-effective solution.The RuleBeginning on January 1, 2020, California’s Code of Civil Procedure § 2031.280 was amended by legislation S.B. 370 to make it a requirement that documents planned for production identify “the specific request number to which the documents respond.” Prior to this rule (and as is the case in the majority of jurisdictions both in federal and state courts), documents could either be produced as they are maintained in the usual course of business, or organized to correlate with the categories in the discovery demand. By mandating this new way of organizing and labeling documents, S.B. 370 marks the establishment of a major new requirement for document productions and impacts all pending and active cases that are subject to California’s Civil Discovery Act. Of note, the new rule is vague on the procedural front and fails to identify how exactly litigants should fulfill the requirements, leaving open questions that courts will likely need to address in the future.Potential ImpactThe rule change is weighted towards the goal of saving the requesting party time and streamlining reviews so that large quantities of documents aren’t received without any indication of which discovery request they relate to. Litigants are also concerned, however, that a heavy burden in terms of time and cost is created by S.B. 370 for producing parties. Imagine a case involving a large-scale ESI production with thousands upon thousands of documents where the producing party must go through and manually identify every document and exactly which request it is responsive to. The time it would take to manually organize a large production at this level would almost certainly greatly increase the length of the review due to the challenge that is involved with manually determining how each document correlates to a specific discovery demand. Ultimately, the biggest potential impact of S.B. 370 is higher litigation costs as a result of a lengthened review if a manual process is left in place.The SolutionWhen contemplating the bigger burden this new rule might place on producing parties, there’s also a unique opportunity that presents itself. With the use of technology, large reviews can be managed with an automated solution that would decrease the time from review to production and reduce costs. At a high level, the solution would entail:Identify the Issues - Identifying a comprehensive list of issues involved in the review.Map the Issues - Once the issues are understood, they would be mapped to a numbered list of specific discovery requests.Review and Tag - Armed with that organizational structure, the reviewers would conduct their document review and tag the documents by issue as per usual. At the completion of the review, the solution would automatically link the documents to each category based on the original map we created at the commencement of the review.Report Back - A report could also be generated to be provided with the final production set. That list could be produced in a sortable spreadsheet or it could be automated to connect to separate tags within the review database so it could be searched as contemplated. With S.B. 370 now in effect, it’s important to set up an automated process that will address the changes and potentially create a better organized and more cost-effective review. ediscovery-reviewediscovery-process, blog, ediscovery-review,ediscovery-process; bloglighthouse

Investigators experienced in interrogating data know that there may be more to a communication than meets the eye. Whether from intentional or unconscious behavior, clues abound.When key facts are conveyed in nuanced or disguised language, it is important to explore the available collection of documents and communications with a linguistic and forensic sensibility. Although a difficult endeavor, the payoff is high when previously hidden meaning and intent surfaces in your investigation. In the process, individual finds often lead to a larger set of findings providing you a deeper understanding of who exactly knew or did what, and how they felt about it.Follow the ScentUnlike for a typical discovery request, searching for hidden meaning and intent in large data sets requires an ability to pinpoint nuanced — and often indirect — textual cues. This capability is distinct from relevance-based classification techniques such as TAR, which are optimized to ensure consistent coverage for a topic across a large data set. When looking for possible subterfuge or heightened emotion, for example, the task is more akin to incremental detective work than it is batch or prioritized classification. As such, it is useful to frame your efforts within an iterative search workflow that brings you into contact with potentially interesting content and communications, while also allowing you an ability to pivot off your search to explore particular key people, events, and timelines where interesting content appears to be clustered. Make a ListAn important first step in searching for key content you might otherwise be missing is to develop or tailor pre-existing lists of keywords and phrases targeting the types of behaviors and sentiments you are interested in uncovering.For example, if you are investigating possible fraud, you may want to focus part of your search on isolating communications in which there are textual traces suggesting concealment. Some concealment-related phrases to add to a keyword list for a fraud investigation could include “do not share this,” “take off line,” or “delete email,” to name just a few.Additionally, if you are interested in isolating internal chatter conveying strong concern or worry, you could include items like “atrocious,” “huge mistake,” “ill advised,” or “ordeal.” Ziti? Or Fraud?Apart from language expressing worry or concealment, other language worth targeting to get at hidden meaning and intent could include profanity and slang. Also, keep in mind the cultural context in which the communications and documents you are searching through were produced. For example, in a recent bribery and corruption case in NY state involving NY state government officials and private business executives, “ziti” (or “zitti”) was used as a code word to refer to bribes and extortion money. This particular code word in this context was borrowed from the language used by organized crime in New York and surrounding states.Stay on TopicGiven the richness of language and culture, keyword lists targeting hidden figurative meaning can grow to hundreds, even thousands, of words and phrases. To avoid a deluge of hits, it is useful to pair these special keywords with broad issue indicators to make sure you are targeting not only figurative language, but also potentially relevant content. For example, if you are interested in isolating potential fraud around billing practices, one possible tactic would be to leverage proximity search by pairing fraud-related terms like “unusual” with a broad topical keyword term “billing” (e.g., unusual /50 bill[s,ed,ing]). Using this tactic in a systematic way across targeted sentiments and topics will get you a richer result set to focus your in-depth review on.Prepare Ahead of TimeAs with any search effort, setting up your data by threading email conversations and identifying near-duplicate sets of documents are two of the many approaches available to winnow down and prioritize the set of documents you perform targeted searches on. Techniques such as name normalization can also be especially helpful when your aim is to understand who is communicating with whom on a consistent basis.Keep Smiling It is also useful to explore how best to tailor the indexing of your data for searching — for instance, emojis are often used in key relevant conversations, yet they are rarely indexed automatically for search in review platforms. From both a discovery and investigative perspective, this can be a big blind spot. Preliminary research on the topic shows an increase in the number of US cases referring to emoji as evidence increased from 33 in 2017 to 53 in 2018.Searching for key content conveyed through nuanced language is a complex task that is substantively distinct from relevance and topic classification. With the right mindset, workflow, and tools, you will be able to structure and manage this effort in order to isolate key facts otherwise left hidden that are relevant to your case.ai-and-analyticsblog, key-document-identification, fraud-detection, ai-and-analytics,blog; key-document-identification; fraud-detectionlighthouse

Legal and IT teams do not necessarily sit at the same lunch table (to use an over-simplified high-school analogy), however, organizations can quickly run into challenges when these teams are not aligned. As corporate data volume and types continue to grow at record speed, it is critical to maintain a technology infrastructure that is not only secure, but also satisfies the legal requirements for managing information. I recently had the privilege of chatting with Craig Shaver, the eDiscovery Program Director at Hilton Worldwide, about the challenges of this electronic data mosaic and innovative strategies to enable collaboration between these groups on the Law and Candor podcast. In this blog, I will review the key challenges we discussed as well as summarize three key solutions to overcoming them in the hopes it will help align your IT and legal teams.To level set, both teams have different priorities. Legal is generally focused on ensuring that the company’s data is protected and retention policies are upheld, while IT is looking for new ways to manage the ever-increasing volume of data to drive efficiency while maintaining budgets. So, when IT moves forward with new technology solutions, large data migrations, moves to the Cloud, or even simple contractual agreements and is not in sync with Legal due to other priorities or lack of communication, items may be missed and can create large downstream issues such as potentially responsive documents going uncollected, being slapped with spoliation charges, or costly and time-consuming rework.Nobody wants unforeseen charges or to loose time and money, so let’s look at some solutions to overcoming these challenges by ensuring collaboration between these two teams. Begin by:Establishing Legal Processes and Policies – Legal needs to first ensure they have effective legal hold processes in place, clear and consistent policies on data retention, as well as defensible deletion policies. Without these in place there is no formal process.Ensuring Participation on Both Sides – It is important to identify and designate a legal and IT liaison to sit on various steering committees and be a part of any technology decisions, migration projects, etc. In some larger, global organizations, you may want at least two or three people from each group involved to attend these meetings, as it can be a lot of work and require travel. Legal will understand the impact on the overall eDiscovery process and can review service-level agreements and SOWs as well.Continuing the Ongoing Partnership and Communication – Post project, it is important to continue to meet regularly (weekly or monthly) with key stakeholders to continue to communicate around upcoming migrations, technology changes, etc., as well as build trust and a further develop relationships. Legal can help IT enforce their deployment and security policies with other departments within the company as well as ensure GDPR compliance and other factors are considered when looking at new products.Enacting these three solutions will help you ensure your teams stay in sync. When legal and IT sit at the same lunch table and stay in communication, organizations are more likely to experience seamless or near-seamless integration of processes, better understand project timelines, reduce friction between very busy teams, maintain a shared understanding each other’s workloads and processes, as well as gain trust amongst the teams, which helps with future projects and getting folks to support one another.To discuss this topic more, reach out to me at bmariano@lighthouseglobal.com.legal-operations; information-governance; data-privacygdpr, ediscovery-process, blog, legal-operations, information-governance, data-privacy,gdpr; ediscovery-process; blogbill mariano

This eDiscovery Day, the day that focuses on educating industry professionals around growing trends and current challenges, we are excited to announce that season two of Law & Candor, the podcast wholly devoted to pursuing the legal technology revolution, is now live.Co-hosts, Bill Mariano and Rob Hellewell, are back for season two of Law & Candor with six easily digestible episodes that cover a range of hot topics from cybersecurity to privilege tools. This dynamic duo, alongside industry experts, discuss the latest topics and trends within the eDiscovery, compliance, and information governance space as well as share key tips for you and your team to take away. Check out the latest season's lineup below:Bridge the Gap: Innovative Ways to Enable eDiscovery Collaboration Between Legal and ITThe Privilege in Leveraging Privilege Review ToolsData Preservation in the World of Ephemeral Data, Mobile Devices, and Other New Challenges in Forensic TechnologyCybersecurity in eDiscovery: Protecting Your Data from Preservation through ProductionWould a No-Deal Brexit Change How We Handle Cross-Border Collections in Europe?Understanding and Creating Effective and Best eDiscovery Practices for G-SuiteEpisodes are created to be short and bingeable so that you can listen on the platform of your choice with ease. Check them out now or bookmark them to listen to later.Follow the latest updates on Law & Candor and join in the conversation on Twitter. Catch up on season one today.For questions regarding this podcast and its content, please reach out to us at info@lighthouseglobal.com.ediscovery-reviewgdpr, privilege, cybersecurity, ediscovery-process, cross-border-data-transfers, blog, ediscovery-review,gdpr; privilege; cybersecurity; ediscovery-process; cross-border-data-transfers; bloglighthouse

eDiscovery pricing has always been nuanced and inconsistent across vendors and technology providers, making it difficult for law firms and corporations alike to compare and contrast options. So, it is no big surprise that this same challenge exists across self-service, spectra eDiscovery tools and software as well, making it extremely challenging to model out an apples-to-apples comparison across solutions. This inability to accurately compare costs across different platforms leaves you and your team in the dark when it comes to choosing the right tool and pricing model to fit your needs.The ChallengeToday’s self-service, spectra solutions are frequently priced based on data sizes/volumes at different phases of the eDiscovery processing, review, and production workflow, often with each of these steps having their own cost trigger associated with them. For example, many solutions charge based off of hosted volume, raw data size, or even post-extraction data volume, while others charge a flat-fee per matter.Although attractive on their face, on a per matter plan you may be in good shape if you are able to entirely self-support, but any requests for help or training are frequently not included in the flat-fee. The lack of the ability to predict the future needs for support make the flat-fee a riskier choice. While paying for eDiscovery based off of per GB sizes is a very popular method, not knowing the expansion rates, the hosted volume, or not needing an entire data-set post culling and filtering means you may fall victim to data size anomalies or paying for data you don’t need.Lastly it is important that you make sure to understand the full ecosystem of potential charges to avoid any surprises. Make sure to understand if there are other costs or “gotchas” you need to be aware of around user fees, OCR costs, Bates endorsement fees, user trainings, additional license fees to other platforms, costs to process specific file types, language translation, etc. Not to mention, you also have to consider the various technology platforms that are included and assess the need for ongoing expert support.There is no perfect pricing model. The key to all of this is choosing the right model for you and your eDiscovery profile, but, how do you go about that?The SolutionWhen you are evaluating pricing for self-service, spectra platforms and you have narrowed down to a few technology providers that offer technology that fits your needs, make sure to leverage the following tips to ensure you’re making an informed comparison:Trust but verify. Ask the technology provider to explain the price point and both how and when it is measured. Discuss how the confluence of the eDiscovery workflow and cost actually come together. Will all workflows trigger all cost points? Do you have to pay for technology you don’t want or need? Understanding the answers to these questions will allow you to get a big picture understanding and to get a feel for where you may see your costs rise or decrease.Set up a real case example. Ask the potential providers to use your actual data volumes to illustrate what the cost would like look for a given period of time (i.e. a month or even a few years). This will allow you to see what actuals would be across platforms as well as give you the opportunity to explore different pricing models with the vendor to meet your budgetary constraints.Use a pricing calculator. Create a pricing calculator to compare self-service, spectra tools. Add as many variables as you would like to understand across all possible scenarios and across the different platforms you are evaluating. Leverage this to compare bottom-line numbers and determine the right fit for you. Additionally, lean on your vendor to help you build this out and make a comparison.To discuss this topic more or to learn how we can help you make an apples-to-apples comparison, feel free to reach out to me at bthompson@lighthouseglobal.com.ediscovery-reviewcloud, self-service, spectra, ediscovery-process, blog, ediscovery-review,cloud; self-service, spectra; ediscovery-process; blogbrooks thompson

In a world of ever-increasing and evolving self-service, spectra models (think Amazon Go, fast food self-order kiosks, or even the self-service, spectra check in and check out at hotels), it’s no wonder the eDiscovery industry is headed in the same direction. In the last few years, new and improved SaaS eDiscovery tools have exploded onto the scene as corporations and law firms have started to embrace a self-service, spectra approach for executing the discovery work associated with both internal investigations and proper legal matters.As the historically risk-averse legal world has been slow to get on board with self-service, spectra eDiscovery models, you’re likely to still encounter objections if you ask your team to take the leap and invest in a self-service, spectra eDiscovery tool. Below, I outline the common objections I have encountered to self-service, spectra models and how you can overcome them by sharing some key value differentiators of on-demand eDiscovery tools that should persuade your team to embrace these new offerings and leave the antiquated, expensive on-prem solutions for good.Data Security Risks – The first, and potentially biggest, objection to the adoption of a self-service, spectra program often centers on concerns over data security and the associated risk. Corporations and law firms alike are concerned that self-service, spectra means cloud-based and as a result a lack of security and an increased exposure to risk. Historically, companies have been more comfortable with on-prem eDiscovery solutions because they have viewed that as meaning that they had complete control of their data without having to rely on a vendor or worry about their data being commingled with other clients’ data.However, with that control comes with a lot of risk, which can be greatly minimized by having a SaaS vendor that offers a private cloud. This private cloud can be a perfect solution because they do not have the same security concerns that are involved with the public cloud. When vetting potential SaaS partners, make sure to look for those that carry SOC 2, ISO, and HIPAA security certifications to ensure that your providers are staying up to speed on the latest security requirements.Steep Learning Curves – Oftentimes people I chat with will associate self-service, spectra with steep learning curves and lots of tedious training. This isn’t always the case.Although this may be true with some self-service, spectra solutions, but it’s important to note that not all platforms are created equal. Some solutions provide extensive functionality with a complex, hard to use, difficult to understand interface, while others strive to provide a simple interface often at the expense of functionality, while a rare few bridge the two finding that perfect blend of robust functionality and ease of use. Start the assessment into usability by understanding the true training required for the solutions you are evaluating, weigh the functionality vs. your team’s needs and skillset, talk to other users who have already adopted the solutions to validate the actual training lift, and finally showcase those findings with your team.Lack of Support – A common objection to self-service, spectra solutions is that they lack on-demand support and access to additional training and help if needed. Today’s lawyers and eDiscovery managers need to move through matters quickly and efficiently, and without access to readily-available help it frequently stalls the matter’s progress significantly. When looking into self-service, spectra solutions, choose one that offers on-demand support when, where, and how you need it. There are companies out there that offer this blend of autonomous control and augmented support and it is an easy objection to overcome if you can showcase that to your team. Minimal Flexibility – Frequently there is a hesitation to move forward with self-service, spectra due to the fear of getting stuck managing a matter in a self-service, spectra tool that could become large and/or complex and require additional help/support outside of your team’s capabilities or availability.Like I mentioned above, select a tool that also offers expert support. You can ease your team members’ worries by sharing that some self-service, spectra tools offer the ability to move from self-service, spectra to full service support when needed and scale up or down quickly.Too Pricey – The last major objection that I want to address is around the fact that many still believe self-service, spectra tools are too pricey and do not offer the ROI they need to see in order to make the switch.However, in an on-prem, behind the firewall model, there often are large up-front costs to purchase and install the technology as well as continued maintenance costs during the life of the product. In addition to the hardware costs there is the increased headcount necessary to support these platforms 24x7. With SaaS, the vendor purchases and maintains the software, as well as manages ongoing costs like upgrades and licensing. Managing an IT infrastructure and maintaining servers for eDiscovery data is a big cost for law firms and corporations often with no cost recovery mechanism. This cost burden can be greatly minimized with a SaaS solution.These top objections often come up in conversations around the adoption of a new self-service, spectra solution and I hope this blog has better prepared you to address them as you work to get your team on board. Feel free to reach out to further discuss these or other objections you may be facing at bthompson@lighthouseglobal.com.ediscovery-reviewcloud, self-service, spectra, blog, ediscovery-review,cloud; self-service, spectra; blogbrooks thompson