Discovery in the Cloud – how a corporate counsel solved the problem of the cost of third party data hosting

May 7, 2020

Why is data hosting so expensive in the litigation context by comparison to a corporate’s internal business costs for the same activity?

In a recent case, the traditional approach was taken and multiple quotes were obtained for the data hosting service to be externally provided. The usual questions about the costs of data hosting arose.

The question then became an investigation into whether the data hosting could be done by the corporate itself. The solution was found in the corporate engaging the litigation software provider to provide the litigation software, the corporate hosting the software and the documents on Amazon Web Services (AWS) using their corporate purchasing power to reduce the price of storage for documents and the discovery specialist, ELMS, managing the process and phases of the eDiscovery timeline.

This model has the potential to deliver millions of dollars in savings and appears to be the first of its kinds in Australia. The issues that needed to be worked through to make this situation work included rigorous assessment of the cost benefit and disruption to the business, privacy and security issues, recoverability of costs, capacity and speed of network, and external accessibility.

This type of solution can’t be delivered without a committed client and a holistic perspective of the overall task that saw the substantive advantages of leveraging their own organisation in this way.