Defensibility, Efficiency and Cost-Effectiveness

1. Defensibility, Efficiency and Cost-Effectiveness The Case for Fixed Price Managed Review

2. About the Speakers • Vanessa Lozzi • Litigation Support Specialist at Flagstar Bank • Jeffrey L. Guttman, Esq. • Director of Managed Review Operations at TechLaw Solutions • Erik W. Gibson, Esq. • Director of Review Management at TechLawSolutions

3. Defining Managed Review Managed Review is not about Review – it’s about “Managed.”

4. Methods to Monitor and Measure Managed Review • Common questions • Documented communication process • Reports • Knowledge Extraction Focus • Client and vendor usage of metrics • Production ready populations

5. Goal Setting Document Review Focused on simple completion within maximum acceptable timeframe, with the maximum acceptable number of errors. Managed Review • Designed to achieve two broad categories of goals: • Knowledge Extraction • Substantial Compliance

6. Quality Document Review Noise in the categorization forces senior level examination of more garbage. Managed Review • Quality focus and approach enables a hierarchy of data examination. • SME only looks @ critical documents

7. Communication Document Review Communication focused on narrow metrics at best. Little discussion of problems because the firm is responsible for quality. Managed Review • Communication that brings to light anticipated problems and proposes solutions.

8. Technology Document Review Tech agnostic, at best. No concern about what is reviewed, only concerned that there is something to review. Managed Review • Leverage as much tech as possible to get you the docs you need to win, faster. • Validate the recall and precision of your production set. • Ignoring tools that provide you insight into your data is antithetical to MR.

9. Defining Managed Review Managed Review is not about Review – it’s about “Managed.”

10. Defining “Fixed Price” • Accomplishment vs. Time • Price ≠ Cost ≠ Value • Analysis: • What do I need to win? • What is a reasonable cost to pay for winning?

11. Price vs. Cost vs. Value • Price: $/document or $/hour • Cost: Total spend on everything related to discovery (including work performed by BOTH the vendor and the law firm) • Value: The impact on the litigation

12. Why Does Fixed-Price Managed Review Benefit Clients? • Predictable Cost • Transparent, forward-looking communication • Legal team can focus on the case, not “review” • Faster completion • More knowledge gained

13. Analysis • What do you need to win? • What is reasonable cost to pay for winning?

14. What Do You Need To Win? • Compliance • Knowledge Extraction • Defensibility

15. Defensibility • Why do you need defensibility? • Why does fixed price work create a more defensible Managed Review?

16. What is Reasonable Cost to Pay for Winning? • What pricing should look like • When Fixed Price may NOT be better • Privilege Log • Redaction • Foreign Language

17. Methods to Monitor and Measure Managed Review • Common questions • Documented communication process • Reports • KE Focus • Client and vendor usage of metrics • Production ready populations

18. Contact Information • Jeff Guttman: jguttman@techlawsolutions.com • Erik Gibson: egibson@techlawsolutions.com • Tom Biegacki:tbiegacki@techlawsolutions.com

19. Thank You! The Case for Fixed Price Managed Review