Controlling eDiscovery Costs

With eDiscovery becoming increasingly typical and financially burdensome, every litigation professional is looking to keep costs down while still delivering high quality document reviews. This search for low costs, at least, has remained constant. What has changed rapidly is the amount of Electronically Stored Information (ESI) subject to discovery. As the amount of ESI created through normal business activity grows, the need to keep eDiscovery costs down and leverage best of breed technologies grows correspondingly. Let’s take a look at this explosion in ESI volume and how it affects eDiscovery costs.

The amount of ESI collected from employees for commercial litigation has grown by 35% annually. A recent report by Microsoft Corporation found that the average collection of data per individual custodian involved in litigation increased from 7 GBs (~0.5 Million pages) in 2008 to 17.5 GBs in 2011 (~0.9 Million pages). This shows an astounding 150% increase in just three years (35% a year, compounded).

BlogPostControlCosts This ESI explosion has a direct effect on the costs associated with eDiscovery. The industry standard prices for processing services are falling but not nearly fast enough to keep up with the exponential growth of ESI collected. The cost to process one GB of raw ESI (~50,000 pages) in 2006 was $1,800. This cost declined to $500 by 2011, showing a 72% decrease in 5 years (22.6%, compounded).

The data demonstrates an annual compound growth of collected ESI of 35% and an annual decrease in processing costs of only 22.6%. With discoverable data growth outpacing cost decreases by 12.4% annually, controlling eDiscovery costs is increasingly crucial. Finding and selecting a quality eDiscovery provider that develops scalable, technology driven solutions that push back against typical cost drivers should be the focus of every litigation professional faced with an eDiscovery challenge.

TechnoLawyer Newswire Release -eDiscovery Processing That Scales With Your Needs

A new Technolawyer Newswire Report, eDiscovery Processing That Scales With Your Needs on Lexbe’s unprecedented processing speed has just been released! “Lexbe’s fast processing enables you to start your document reviews sooner, and meet tight discovery deadlines even as the volume of ESI continues to grow.” The report makes reference to our recently published White Paper, Redefining High Speed eDiscovery Processing & Production detailing a study of our unprecedented processing capacity. The study focused on processing the standardized 53 GB EDRM Enron data set to TIFF images. Lexbe eDiscovery Processing System (LEPS) was able to complete TIFF processing on the 53GB data set in only 5.3 hours! That is an industry leading TIFFing rate of approximately 10 GBs an hour or over 240 GBs each day! Long turnaround times and astronomical processing costs are no longer necessary evils of TIFF processing with Lexbe.

Best Practices: Litigation Timelining

As the volume of discoverable data continues to grow, creating functional fact and issue timelines is more important than ever. During the early stages of litigation, timelines can help you develop eDiscovery strategies, identify collection sources, predict disputed facts and issues, and create a preliminary chronological relationship between case events. As your case progresses, timelines can assist you when preparing for depositions, motion practice, and conducting trial, as well. Associating key documents with timeline events allows you to track the truly critical evidence in your case.

Key Points

  • Why Timelining is More Important than Ever
  • Early Case Analysis – Timelines or Data Analysis
  • Why Timelining is Often Haphazardly Done
  • Good Timelining Software Should…
  • Timelining Uses
  • Examples
  • Conclusion

About the Speaker

Gene Albert is the CEO of Lexbe, and a frequent speaker and writer on litigation technology and eDiscovery topics. He is on the Planning Committee of the Texas State Bar eDiscovery Program. Gene has his JD from Southern Methodist University and his MBA from the University of Texas at Austin.

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