Live from DS1.0 ...

Greetings from the packed Discovery Symposium!

If you're not follwoing Dennis McKinnie on Twitter, you can do so here: Dennis will tweet periodically from our meeting site and is leading a panel shortly.

I will continue to update this post today and tomorrow as interesting tidbits arise, so please check back and refresh your screen.

1:15pm CST
Our keynote speaker at lunch was Cheryl Mason, VP of litigation at HCA, who is incredibly knowledgeable about the litigation process and its role at HCA. She detailed how HCA's approach -- when they started to really create solutions regarding e-discovery several years ago -- was to create a defensible process, not necessarily a perfect process. And even if HCA's process isn't perfect, it is kept in the perspective of what is best for the company -- and where e-discovery fits into its priorities. Her level of knowledge and her calm deameanor are 'points of light,' as COC President Jane Allen says.

We're getting into the Retention/Holds & Preservation/Collection panel now with attorneys from FedEx, Equifax and Hilton Hotels. More updates soon.

4:15pm CST
We just finished the 'Software Decisions' panel, which I was very pleased to be a part of. Leading/directing the dialogue were Edward Efkeman (FedEx Express) and Mike Lisi (Fidelity), who have both been tasked with handling vendor relationships with all types of software companies. What was most striking -- and probably most encouraging for our guests, many of whom are at different stages of their software selection processes -- was that both FedEx and Fidelity were able to demonstrate a high level of value to their companies in going thru the processes. They clearly knew a lot about dozens of vendors, their capabilities, and how they could help their respective companies. They each spoke about the value of the IT department and good project managers -- and not letting information beyond their firewall. 

There were probably 25 questions from the audience, so this is obviously a hot topic. We'll have to post a more thorough recap next week.

The 'Working With My Law Firms' panel is off and running, then it's off to the Country Music Hall of Fame for what promises to be a great songwriter's night. More to come. 

Q&A: Sue Dyer, Senior Litigation Counsel, HCA - "A Repeatable Process"

Sue Dyer has spent the last seven years in Hospital Corporation of America (HCA)’s 50-attorney legal department and, as Senior Litigation Counsel, has been on the front lines of HCA’s development of a national e-discovery approach and protocol, a ‘repeatable’ process from which the company is already seeing benefits.

The largest for-profit hospital operator in the U.S., HCA had $26 billion in revenue in 2007 and was #87 on the 2007 Fortune 500 list. Ms. Dyer was nice enough to speak with Lawdable about HCA’s litigation (and specifically e-discovery) initiatives:

Lawdable: Discuss how the management of the e-discovery process has changed in the last 2-3 years, and/or how HCA’s approach has evolved.

SD: We are light years ahead of where we were just two years ago. Even though we’ve been focused on e-discovery for several years, in the last two years we’ve spent a lot of time educating ourselves about our IT systems and the multitude of e-discovery products on the market. Our goals have included the development of accurate and cost-effective processes that are repeatable. We’ve identified partners that share our belief in collaboration and that can help us accomplish these goals and, as a result, we have been able to implement many initiatives in the last year. Our approach also evolves with the evolving law in this area and the development of available technology.

What we’ve seen is that, with a repeatable process, we are able to collect data from one e-discovery project that guides us on each subsequent project. The data collection also helps us to better predict the expense of subsequent and/or similar cases.

L: Talk about your e-discovery communication process (and what you establish) with outside counsel and other legal service providers. How do you manage the process?

SD: We are actively involved at the beginning of each project in order to get the team acquainted with each other, to identify the location of the effected data and to participate in the project planning. Due to our large geographic footprint, we work with a lot of

different outside counsel. Outside counsel is a variable on each project. We try and use Counsel On Call on each project for consistency and knowledge retention in the application of our protocols as well as for data collection across projects.

Once the project launches, Counsel On Call provides regular, sometimes daily, detailed progress reports that include each attorney’s review rate for that period of time, the amount of data reviewed, amount of data remaining to review, marked and unmarked files by reviewer, reviewer hours, and other data. We also request notebooks summarizing the details of each e-discovery project (the data, costs per gigabyte or document, productivity, etc.) and a year-end overview that helps us evaluate our processes and aids our decision-making on subsequent projects.

L: Has the current economic climate forced any changes in your department/legal department? Do you anticipate changes (or further changes) in the near future?

SD: For the past several years, we have been fostering relationships with talented outside counsel who partner with us in our effort to control legal fees and expenses. We do this through creative pricing and the ability to work effectively and efficiently with a lean legal team. The current economic climate just increases the importance of this type of relationship.

During this same time period, our approach to e-discovery has been more fully developed, with accuracy, collaboration and cost-effectiveness as key factors. This is a significant area of expense and, in order to control some of the cost, we’ve developed the approach in which Counsel On Call plays a significant role. Using Counsel On Call as much as we can enables us to obtain quality legal services at unbeatable prices.

As for the future … Regardless of the economic climate, we’ll continue to employ both of these cost-saving strategies, as well as others.

L: What websites (and/or blogs) do you like to visit?

SD: I catch the news on either the Fox News or Tennessean websites. For professional websites, though, there’s just so much information out there. You have to pick and choose what to spend your time reading. I don’t do a lot of Internet surfing. Once I identify a reliable, accurate resource, I bookmark it.

How the information is packaged is important – it needs to be easily accessible and simple to scan. I like the updates I get from Kroll, as one example, and I regularly read the Corporate E-discovery Forum blog.

L: Let’s say you’re about to take a sabbatical, and someone is going to step into your role for the next six months … What advice would you give that person?

SD: I would love a six-month sabbatical! Probably the best advice I could give is to not be afraid to ask questions. HCA is a large organization and it’s challenging to get your bearings at first. Our in-house team is very good about helping each other out, especially the newer attorneys.

I’d also recommend developing a “triage” system. Way more work comes in than you can possibly get through in a given day, and you have to have a method to prioritize. Otherwise you’ll never get anything accomplished.