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HSNO Cost & Risk Mitigation |
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The Forensic Technology Group within HSNO is a global leader in helping companies and law firms lower their cost and risk associated with discovery and investigations. We help make a positive and direct impact on litigation costs by providing the following services: - Awareness audit of current response capabilities
- Modeling requests and responses to interrogatories and FRCP 26 & 30
- Information topology mapping development, presentation & management
- Legal hold process development and management
- Legal technology tool selection, implementation and management
- Legal technology onsite and offsite managed services
- Enterprise assessments of duplicative and legacy information
- Data destruction & sampling programs
Unfortunately cases can result in cost overruns leaving the company, outside counsel, and the discovery service provider in an uncomfortable position. When this occurs, it usually results in discounts, write-offs, or disputes.
We see many contributing factors and usually attributable to the following: Issues by the business:- Have not prepared appropriately or timely for electronic discovery
- Didn’t anticipate M&A, a public offering, or other new regulations
- Difficulty in understanding the information gaps between architectural intent and reality
- Lack of budget to plan or utilize outside experts
- Unsure of what your obligations are and how they tie to the business
- Challenged with presenting and or obtaining executive endorsement
- Where to start on developing a discovery approach / best practices model
Issues by outside counsel:- Counsel is unfamiliar with the client enterprise
- Counsel lacks a technical resource to drive and control discovery
- Counsel is unfamiliar with technology or data complexities
- Perception that counsel is incentivized to over-collect and over-review
- Perception that counsel has a lit support manager with limited knowledge
- Counsel fails to manage discovery vendor efficiently or challenge processl
Issues by vendors:- Lack of experience and or financial resources
- Transitioned from lit support “paper” to electronic discovery
- Lack of technical knowledge of corporate enterprise systems
- Lack of protocol or procedural development and or experience
- Focused on a pricing model that promotes over-collection, processing & hosting
- Lack of resources to support the case causing undisclosed 3rd party involvement
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