Case Study: Leading Pharmaceutical Faced Diverse Complex Matters & Process Challenges

Assessment, innovation and management of leading pharmaceutical company’s discovery operation.

Client Challenge

Faced with a significant portfolio of government and regulatory investigations, civil litigation, and human resources matters, the law department needed to reduce discovery costs and ensure consistency and defensibility across the portfolio through sound management of its discovery function.

Consilio Response

After we had assisted it with discovery projects in a variety of large and small matters, the company requested a full assessment of its discovery operation. We conducted the assessment, created a new operating structure and assisted in implementing the new solution. The company opted to entrust us with the management of its discovery operations. Dedicated personnel, backed by our institutional expertise, now manage the operational aspects of all discovery matters, under the supervision of the company’s in-house counsel. They include:

• Discovery spend and business management
• Case management
• Data collections
• Processing, hosting and production
• Special projects and process enhancements
• Document review
• Legal hold system and process management

Consilio oversees special projects and needed enhancements at the program level while working with outside counsel and external vendors as needed.

Results Achieved

The company has realized process efficiencies and significant cost savings as a result of our partnership.

• Standardized and consistent policies and processes: The company’s policies and procedures align with current legal standards and its discovery function has consistent, defined processes.
• Improved performance: The service level for discovery projects has improved and capacity has increased. Previously, 17 people worked on discovery matters at least part-time; now nine individuals manage the process and supporting technologies, through consolidation and more efficient usage of the right kinds of resources. Policies and procedures are consistently enforced and metrics are monitored. We routinely meet with the company’s discovery counsel, litigation head and general counsel regarding metrics performance, partnering with the company to make any needed changes.
• Cost management: The company realized cost savings/avoidance in excess of $15 million by the end of the first year of the arrangement, as a result of changes that included policy and process improvements (avoiding over-collection and over-preservation, for example) and enforced adherence to document review protocols.

The company’s affiliate divisions are now emulating this success with Consilio. Most are participating in the outsourced discovery management model, and others are outsourcing individual components (e.g., legal hold, collection, project management).