Challenge

A large, public company was facing a potential antitrust matter, and needed to conduct an internal audit of its data to assess risk and develop a legal strategy. Due to the matter’s sensitivity, the company required that all the information remain at its headquarters, but they did not have the necessary in-house tools to conduct processing and legal review.

Due to the required quick turnaround, the company immediately turned to its trusted e-discovery partner, FTI Technology, to assist with processing as well as first and second-pass review. The company selected FTI’s powerful processing, document review and production software for the legal review. This included the software’s analytics features, which provide data mining for dissecting large data sets, metadata and content analysis, and also concept clustering and visual review. Some of the unique elements of this matter included:

On-site software and services:

The information could not leave the company’s headquarters nor the control of its IT team, necessitating a software and services package to be deployed on-site.

Short timeframe:

While the investigation did not have a pre-set external deadline, a possible antitrust action loomed, forcing the company to understand its data as quickly as possible.

Solution

Armed with laptops loaded with FTI’s e-discovery software, FTI professionals traveled to the company’s headquarters and partnered with the company’s legal and IT teams to deliver the software, services and consulting to ensure a cost-effective and timely review. Key components included:

Secure control of data at company headquarters:

With all of the necessary software available on laptops, the legal team had immediate, secure and on-site access to an industry-leading legal review tool without incurring any additional IT or budgetary burdens.

De-duplication, processing and culling of data:

After removing over 80,000 files from the servers, FTI professionals partnered with the company’s IT department to remove nearly two- thirds of the files and documents through de-duplication and other processing techniques. With additional culling, the roughly 30,000 documents were further reduced by half for legal review.

Concept extraction, visualization and legal review:

With the software’s analytics features, the in-house reviewers quickly navigated the data set and identified the key concepts and custodians during first-pass review. Important documents were then coded for a second-pass review by senior counsel.

On-site project management and budget control:

With FTI professionals on-site to help project manage the entire process, the company received weekly status reports on the budget as well as review progress.

Results

Through their use of FTI’s software and professional services, the company’s legal team was well-positioned to prepare for and respond to a potential antitrust matter. Specific benefits included:

Control of data:

The combination of FTI’s mobile team and hosted software allowed the company’s IT and legal teams to keep their sensitive data secure at company headquarters.

Cost savings:

By processing and culling, unnecessary documents were removed early in the process. This reduced the overall cost of legal review.

Ease of use:

Lawyers with very little review experience, and new to FTI’s legal review and analytics software, were able to review and code well over 100 documents per hour, on average. This is especially impressive considering that the average industry review rates are 60 documents per hour1.

Speed:

From processing to the second-pass review, the entire project took less than a month. The extensive culling and processing greatly reduced the data set, and with the analytics features, the company was able to review documents faster, further reducing the total cost of the review.

“ECA: The High-End of Legal Decision Support,” by Barry Murphy, The eDiscoveryJournal, January 26, 2010. http://ediscoveryjournal.com/2010/01/eca/