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w w w . C A N A D I A N L a w y e r m a g . c o m J U L Y 2 0 1 5 19 data and staging its movement into the reviewer. Rather than using uncertain or untested search terms to cull in the preprocessor, I may move all of the text and metadata (but not the images) to the review platform and do all my searching and staging, and then move over only select images once I have greater search-term certainty. This is a way to save on costs when there's a worry that data will be "left behind" in the processor and is an alterna- tive to immediately moving all images or natives over, immediately incurring that cost. Finally, there are new workflows made possible with algorithms and machine learning, and use of these technologies changes pricing, some- times significantly. Now, my observations about pricing. First, e-discovery pricing is bifurcating into commodity and non-commodi- ty pricing. I recently priced a matter involving an estimated 500,000 e-mails where the difference between quotes for processing, hosting, review, and production was under $900 annually between the lowest and highest quote. However, quotes for culling including use of advanced technologies involved a $97,000 difference between the lowest and highest quote. Second, pricing remains regional; there is no international market, despite the belief of several years ago that offshore pricing would irreversibly alter the e-discovery market. The prices are just higher in some areas. Prices in Canada are higher than in the U.S. by a factor greater than the exchange rate and cost of labour differences, for example. Third, fixed or block pricing exists but remains a marginal market. Some notable exceptions are in forensics, where collections on a fixed custodian price are more common, and I have seen vendors charge "all e-discovery" on a per-custodian price too. I am increasingly seeing "all-in" per GB pric- ing, which is refreshing. Fourth, perplexingly, market buy- ing by price alone continues to distort the growth of workflows that would result in efficiencies and lower costs. This, I suspect may be connected to the hegemony of Relativity because much of the current pricing model reflects traditional workflows required by Relativity installations (i.e. until relatively recently, processing and pro- duction outside that box). In the past few years, most of the pricing inno- vations or differences have histori- cally tended to occur in other supply chains and in non-Relativity domi- nated shops, particularly for propri- etary software: these may not be tied to kCura's licensing scheme. Now that Relativity 9.1 and 9.2 enables different workflows, it will be interesting to see which service providers develop pric- ing models as a differentiator. Dera J. Nevin is the director of e-discovery services at Proskauer Rose LLP. The opin- ions in this article are entirely her own. Because business issues are legal issues. So if you want to get ahead in business, get the degree that gets you there faster. ONE YEAR – PART - TIME – NO THESIS FOR L AWYERS AND NON - LAWYERS law.utoronto.ca/ExecutiveLLM GPLLM Global Professional Master of Laws [Get a Master of Laws] ntitled-1 1 2015-02-25 8:38 AM

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