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Customer Demand For Early Case Assessment Fuels Growth Of Clearwell E-Discovery Platform

Favorable Outcomes, Lower E-Discovery Costs and Predictable E-Discovery Costs Are Among Top Benefits Achieved by Clearwell Customers

MOUNTAIN VIEW, Calif.—June 25, 2008Clearwell Systems, Inc., a leader in Intelligent E-Discovery, today announced that a growing number of customers are selecting the Clearwell E-Discovery Platform© to perform rapid and insightful early case assessments. The benefits reported by these Clearwell customers are consistent with the findings of a recent industry survey, which indicated that early case assessment resulted in favorable outcomes in 76 percent of cases and reduced litigation costs in 50 percent of cases.

“We were facing a complicated case and had virtually no time to determine the facts. If we did not have access to Clearwell, the case would have become excessively costly and time consuming, resulting in significantly increased risk,” said Steven Perfrement, Esq, partner in the Litigation Practice Group at Holme Roberts & Owen LLP. “We were very impressed with the speed and ease of use of the Clearwell platform. The product was very intuitive and user-friendly, which saved us precious time on the case. Clearwell’s advanced capabilities made it very easy to find the key facts needed to accurately evaluate the case and prepare for early settlement negotiations.”

Clearwell’s early case assessment capabilities provide insight into case facts at the beginning stages of an investigation or litigation, and enables enterprises and their law firms to:

  • Determine what happened and identify the “key players.” How did the incident happen? Why did it happen? Who was involved? When did it happen? These are all very important questions that must be answered accurately at the outset of litigation to ensure that the legal hold process is accurate anddefensible.
  • Evaluate their position in the case. How does the case posture appear on the merits? What is the amount of controversial facts and what it the ultimate exposure? Is this a routine matter or a unique situation? Can the case be settled quickly, or must we prepare for a protracted battle? Quickly finding case facts, prior to incurring significant e-discovery costs, can make a big difference.
  • Estimate the scope and exposure of e-discovery. What is the volume of evidence that is pertinent to the case? What are the possible culling and review strategies that can reduce the cost and time of e-discovery? It is important to right-size the preservation and collection effort to properly manage specific litigation risks.
  • Recognize potential issues for electronically stored information and the collection process. Are you collecting all the data that you are supposed to be collecting? Are there any requirements for foreign language expertise? Are there any data quality issues? Diagnosing potential outliers in the e-discovery process can facilitate important “meet and confer” discussions and may help to create an “inaccessibility” argument.
  • Conduct a search term analysis for keyword negotiations during “meet and confer.” Which terms are most important to the case? Are the search terms proposed by requesting party too broad? Do you have an argument to limit the scope of discovery request? Objectively demonstrating the results of proposed search queries can go a long way in speeding up keyword negotiations.

“Early case assessments represent a critical point in the lifecycle of a case, and is one of the primary reasons why leading enterprises and law firms are selecting solutions like Clearwell, ” said Kamal Shah, vice president of marketing, Clearwell Systems. “Clearwell plays a pivotal role by helping in-house legal teams and law firms assess risk based on case facts, more accurately estimate e-discovery costs, and develop case strategies much earlier in the e-discovery process.”

About Clearwell Systems
Clearwell Systems is transforming the way enterprises perform e-discovery in response to litigation, regulatory inquiries, and corporate investigations. By automating the processing, analysis and review of all electronically stored information, Clearwell enables enterprises to accelerate early case assessments, lower processing costs, reduce review workload, and gain control of e-discovery. Clearwell was ranked a “Top 5” e-discovery software vendor for corporations in the 2007 Socha-Gelbmann Electronic Discovery Survey. For more information, visit www.clearwellsystems.com or read the E-discovery 2.0 blog at: http://www.clearwellsystems.com/e-discovery-blog/.