Canadian Lawyer

w w w . C A N A D I A N L a w y e r m a g . c o m N o v e m b e r / D e c e m b e r 2 0 1 4 21 for organizations that want more con- trol over externalized ESI, a "managed services" model can be attractive. This option is basically one in which an organization "rents" infrastructure from a service provider, then remotes in to do the work itself. This can hap- pen inside the organization, in which technology is brought in-house, behind the firewall; the organization is using it but has essentially rented, not bought, the equipment. Others are responsible for maintaining, updating, and moni- toring its performance. (When I use the word organizations, I also refer to law firms: some law firms have already implemented a managed offering of one or more technologies inside their firewalls.) But managed service offerings can also involve a service provider hosting the technology and infrastructure, in which end users — from the compa- ny, law firm, or other service provider — access that technology and the ESI loaded into it as necessary. ESI is still externalized from the organization, but the managed services arrangement can offer organizations greater control over the ESI and services and activities pro- vided against it. Any organization or law firm that has hired a service provider to process and host data is familiar with this remote deployment; now imagine your orga- nization has its own dedicated infra- structure to use that is hosted at another company, but your organization is con- trolling processing and loading of ESI, database creation, maintenance, and so on. That, basically, is a form of man- aged technology offering. A managed services offering does something simi- lar, with e-discovery services, often an assigned project manager to oversee all projects from one organization. There is no one-size-fits-all approach to how to do this or which arrangement suits an organization best. I find often the effective choice comes down to a balance sheet or profit-and-loss analy- sis, subject to the externalization event profile and risk tolerance of the orga- nization. Of course, the law has a hand in this decision-making too: if your ESI is subject to laws that require encryp- tion of data in transit and at rest, your organization is probably looking hard at managed offerings with specialized pro- viders. A knowledgeable consultant or a rigorous bit of elbow grease in defining the requirements often makes the best delivery model clear. I advise this: as many law firms and their clients evaluate where to go next in their e-discovery technology deci- sions, remember that rental and man- aged services may be appropriate for some firms and organizations. What is right for one organization might not be right for another, even though the two organizations appear to be similarly situated. There are a wealth of options: explore them. You don't all have to do the same thing. Dera J. Nevin is the director of e-discovery services at Proskauer Rose LLP and can be contacted at dnevin@proskauer.com. The opinions in this article are entirely her own. tECh support TIME: EVENT: 12-month, part-time, executive LL.M. for lawyers and business professionals Advance your career to the next level! Learn important legal and business concepts that can be immediately applied to better serve your clients. Explore the implications of real-life cases in an increasingly complex global business environment. Acquire in-depth knowledge of how the law interacts with both the private and public sectors. For more information please contact Jane Kidner, Assistant Dean Professional Legal Education at j.kidner@utoronto.ca http://www.law.utoronto.ca/programs/GPLLM.html or visit our website: ntitled-3 1 14-08-07 2:58 PM

• Cover