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E-Discovery: T H E K M K A PPROACH

The Issues Whether your organization faces litigation on a regular basis or you seek to get ahead of the curve with litigation readiness and information governance issues, E-Discovery is now an important item on every corporate legal team’s agenda. By most counts, Electronically Stored Information (ESI) doubles if not triples every year.1 Organizations as well as their employees, customers, and vendors have a plethora of places and ways to store, manage, and access data—from traditional hard-copy document folders in file cabinets to vast email server farms to proprietary systems and applications containing a variety of data (i.e., financial, supply chain management, manufacturing, health care records, etc.) to data contained on social media platforms, smart phones, instant messages, and now virtual storage clouds. Consequently, when organizations face litigation they can find themselves trying to search, retrieve, cull, prioritize, and organize much more information than they ultimately need. The time spent reviewing irrelevant data often results in unnecessarily higher litigation costs. The complexities and nuances surrounding E-Discovery introduce some valid business concerns:

“KMK’s litigation team helped us with several document intensive lawsuits in recent years, and their representation, advice and assistance, especially regarding e-discovery issues, was invaluable. We chose to utilize KMK’s Ringtail document management system for several cases, which turned out to be a cost efficient way to organize, locate, review, manage and produce documents from KMK, our office, or any remote location, with little or no duplication of effort. Use of Ringtail, along with KMK’s litigation expertise, gave us the confidence we needed to meet the challenges of the litigation process.” – Stephen Herzog, Esq. Assistant General Counsel Cincom Systems, Inc. Cincinnati, OH

• The quantity of electronic data can be immense. Large volumes of data can result in significant expense unless you have an effective strategy, process, tools, and experience to manage it.

• Electronic data alone can be complex to collect, import, and convert. Add to that the task of preserving metadata (file system field data such as date and time values, file names, native file applications, hash values, document authors, and sender and recipient information) and it becomes all the more complicated to eliminate claims of spoliation or tampering of evidence. • Choosing the right vendor and negotiating competitive pricing can be difficult if you do not have the experience and knowledge to understand the scope of the project at hand and an understanding of how the project may progress as data is uncovered. Regardless of your budget, the number of cases you face, or the size of your organization, KMK will help to ensure that your E-Discovery investment is wisely spent and that you are successful in obtaining the desired results in the most efficient manner. Catherine A. Casey and Alejandra P. Perez, “National Law Journal Special Report: The Rising Tide of Nonlinear Review,” The National Law Journal (June 2011). 1

E-Discovery Services: • Information Governance & Risk Management Consulting • Litigation Readiness & Litigation Hold Policy and Procedure Implementation • Case-by-Case Budgeting & Project Management Principles • Electronic Discovery Reference Model (EDRM) Best Practices Implementation • Electronically Stored Information (ESI) Data Mapping Strategy and Implementation • Managed Review Services & Project Management Principles Via our Fullyscalable, Secure Review Center • In-house Early Case Assessment (ECA), Electronic Data Discovery (EDD) Processing, and Full-Scale Electronic Document Productions


The Solution Representative Clients:

You should be confident that you are well prepared for litigation through compliant, defensible, and strategic solutions. Making the wrong choice on an E-Discovery platform that does not deliver puts you at risk of incurring unnecessary expense, potential sanctions, and/or defeat in the courtroom.

Belcan Corporation Bush Truck Leasing, Inc. Cincom Systems, Inc.

You need the right balance of people, processes, and technology for a fully optimized E-Discovery program. The KMK E-Discovery/Litigation Support Group (ED/LSG) can act as an extension of your in-house legal department, information technology group, and risk management group. Paired with KMK’s highly-respected Litigation attorneys, the ED/LSG works seamlessly from the early stages of litigation preparation to deliver the desired results in the most cost effective and efficient manner for our clients. However, the KMK ED/LSG also can work directly with your existing outside counsel to manage the E-Discovery phases of a case that many law firms are not equipped to handle alone. Whether working in conjunction with the KMK Litigation Practice Group or with your existing outside lawyers, the KMK ED/LSG is designed to add value where you need it most.

Cintas Corporation Duke Energy Corporation Farm Bureau Property & Casualty Insurance Company Fifth Third Bank The Garretson Firm Resolution Group Inc. Lee Morgan Mercedes Benz of Cincinnati Mercedes Benz of West Chester Rumpke Consolidated Companies, Inc. Total Quality Logistics, Inc.

KMK ED/LSG – Your partner when you need us, how you need us. Pre-Litigation (Information Governance)

CLIENT

KMK ED/LSG

Case Management

Multiple Case Coordination/Interface

CLIENT

CLIENT

OUTSIDE COUNSEL

(KMK or Other)

KMK ED/LSG

KMK ED/LSG Case 1 Counsel

Case 4 Counsel Case 2 Counsel

Case 3 Counsel


The KMK ED/LSG Difference: Value The KMK ED/LSG’s solution was carefully developed with our clients in mind. Our proven approach leads to tangible results, which ultimately deliver cost savings and business value.

KMK’s Approach: A Different Way of Thinking The KMK ED/LSG is one of a few groups nationally that is specifically dedicated to tackling E-Discovery challenges. Our in-house, multi-faceted team utilizes well-defined legal project management procedures to provide a turnkey E-Discovery solution. The benefits clients derive from working with the KMK ED/LSG include: • Seasoned litigation attorneys and paralegals with substantive knowledge of E-Discovery issues, including up-to-date government regulations. • Information Technology (IT) professionals with national reputations as pioneers in E-Discovery, document management, and litigation support. • Direct access via capital investment to cutting-edge technologies from leaders in the industry (i.e., Ipro and FTI Ringtail™).

Knowledge

Expertise

• Strategic partnerships with select, thoroughly-vetted national vendors offering aggressively-negotiated fee structures. • Personalized guidance on best uses of the KMK ED/LSG turnkey services versus when it may be advantageous to engage a national vendor from our network of strategic partners.

Business Results: Making Discovery More Effective For the KMK ED/LSG, efficiency is tantamount to success. We are positioned to advise you on data management issues before litigation arises and work with you to implement best legal practices for optimal E-Discovery results. We can help you: • Leverage emerging technologies to maximize the accuracy of human analysis while reducing expenses. • Reference large volumes of information more quickly through a single-source E-Discovery database. • Develop a customized information governance program, preparing you for future litigation needs as well as operational requirements. • Integrate the recommended legal process with the most effective technology solution for a streamlined, customized approach.

Expertise

Efficiency


Cost Savings: Controlling the Costliest Aspects of E-Discovery Electronic document review is often the most expensive element of discovery, accounting for upwards of 70 percent of total E-Discovery expenses.2 Inexperience and inefficiency can quickly translate to higher expenses and lost opportunities. KMK is a true partner in your E-Discovery journey. We will develop a budget in advance, mitigating the risk of the unknown. With a proven record of meeting budgets, we have made accountability a standard of E-Discovery success, enabling you to control resource expenditures in a number of ways: • We manage the physical and technical aspects of the review process thereby reducing or eliminating your physical infrastructure costs and human resource expenses.

Efficiency

Savings

• We offer numerous products and fee structures to suit various budgets and will advise on the pros and cons “Litigation is challenging for any company. The technologies we employ to conduct of each option. • We provide a turnkey solution—legal counsel, project management, and delivery of E-Discovery process. • The KMK ED/LSG maintains a fully-scalable Review Center staffed by KMK attorneys, paralegals and contract reviewers to ensure that electronic document review and production projects are delivered in a consistent and timely manner.

business efficiently often have the unintended consequence of increasing the complexity of preparing for and responding to legal matters. KMK’s expertise, experience and observance of best practices in addressing all aspects of e-discovery, client support and communication, and project facilitation assisted my company in the timely organization and collection of a large, complex set of electronically stored information. KMK’s impressive litigation advocacy coupled with their information technology expertise quickly resolved discovery disputes involving complex legal issues. Additionally, their value-added consultations and e-discovery knowledge transfer helped me to revise and improve our internal processes going forward.” – Tom R. Shepherd Corporate E-Discovery and Records Retention Manager Farm Bureau Financial Services

Dealing with E-Discovery adds a significant level of complexity to any litigation matter. Managing the E-Discovery process both efficiently and properly is imperative in order to arrive at an outcome you can trust. As your partner, KMK ED/LSG professionals will identify your unique needs and recommend an effective course of action to attain your desired results. Whether working in conjunction with the KMK Litigation Practice Group or with your existing outside lawyers, the KMK ED/LSG is designed to add value where you need it most.

Contact Us: For more information or to schedule a consultation contact: Stephanie M. Booher, Director, KMK ED/LSG sbooher@kmklaw.com 513.579.6497 Joseph M. Callow, Jr., Litigation Partner jcallow@kmklaw.com 513.579.6419

Nicholas M. Pace and Laura Zakaras, “Where the Money Goes: Understanding Litigant Expenditures for Producing Electronic Discovery,” RAND Corporation (2012) http://www.rand.org/pubs/monographs/MG1208.html#abstract. 2