Tom Barce

Tom Barce

The information governance pro.

“Information is the key to intelligence.”


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Who I Am

Who I Am

Consulting team director

Information strategist who can anticipate risks

Who I Work With

Who I Work With

CEO

CIO

In-House Counsel

Chief Compliance Officer


How I Help with Information Governance

1Assess current state of the organization: what types of data exist, where might they be, who are the custodians?

2Help determine which information is critical to keep, what can be disposed, and how.

3Make ranked recommendations to help clients control existing information and develop processes to manage information created down the road.

4Find out how to draw value out of information instead of just letting it rest.


An Example of My Work

Predicament
A client was concerned about being more frequently subject to litigation wanted to get a handle on how and where data was managed.

Outcome
We built a Legal Data Map to document where information resided, who owned it and how to effectively retrieve it.

Trends I'm Watching

The biggest trend I am seeing is the movement to new data storage types (especially the cloud) without sufficient planning and implementation of good management structures, practices and policies.

A noteworthy risk that I am seeing is the data loss that comes with outgoing employees. A routine assessment of a departing employee’s data sources could help companies in great ways when it comes to information management.

What Motivates Me

What Motivates Me

  • Determining the disparities between what people think is happening with their data versus what’s actually happening with their data
  • Finding the right, actionable advice to give to clients
  • Solving business processes to change the ways organizations operate

Tom Barce is the Director of Consulting Services for KrolLDiscovery.  Tom brings over 19 years of experience in directing and managing information governance, electronic discovery, and litigation support initiatives.

He delivers strategic vision, consultative services, and project management expertise. He has extensive experience in helping corporations and law firms manage their data-driven risks and objectives, by effectively leveraging their important information; responding to complex electronic discovery demands in numerous litigation and regulatory matters; selecting and implementing strategic technology; leveraging analytics and predictive coding; coordinating discovery in multi-party litigation; evaluating and overseeing third party service providers; and conducting large and complex data migrations from disparate systems. He has assisted clients across a wide variety of industries both domestically and internationally, including communications, energy, entertainment, financial services, healthcare, insurance, manufacturing, pharmaceutical, and technology. 

Tom has frequently written articles, conducted educational courses and spoken at conferences related to his areas of expertise.  He has a particular passion for on-going thought leadership, development of innovative solutions to help client clients glean more value and predictability from their data, bring efficiencies to the discovery process, simplify complex problems, and identify critical issues early. He is intimately familiar with all phases of the information governance and electronic discovery lifecycles from content creation, use and storage, records retention and disposition, and identification of potentially relevant data; through data collection, analysis, processing, review, quality control, and production. He also holds many years of experience in leveraging workflows and technologies such as predictive coding, statistical sampling, concept clustering, concept search and other data analytics to enhance the electronic discovery process.

Prior to joining KrolLDiscovery, Tom was most recently a Director for Navigant.  He has also held positions on steering committees for the International Legal Technology Association (ILTA) and the East Coast Association of Litigation Support Managers (ECALSM)


Professional Experience

KrolLDiscovery (2015 – Present)

  • Navigant, 2011 to 2015
  • Fulbright & Jaworski L.L.P., 2003 to 2011
  • Skadden, Arps, Slate, Meagher & Flom L.L.P., 1998 to 2003
  • IKON Office Solutions, 1997 to 1998

Education

  • Fordham University, Bachelors in Economics, with certified concentration in Business

Professional Associations

  • International Legal Technology Association (ILTA)
  • ECALSM (East Coast Association of Litigation Support Managers)
  • HALSM (Houston Association of Litigation Support Managers)

Selected Professional Experience

Information Governance Projects

  • Led all phases of a project for a global pharmaceutical company involving data inventory, analysis, and defensible disposition of over 60,000 legacy backup tapes.
  • Guided a pharmaceutical distribution company through evaluation of technology and associated procedures to manage and retrieve data subject to legal hold.
  • Provided consulting services for an international pipeline company that facilitated successful evaluation, selection and implementation of systems for content management, records retrieval, and electronic discovery.
  • Performed an assessment for an international technology company to evaluate data management policies and practices, resulting in an extensive roadmap of recommendations to enhance their approach to data management, retrieval, disposition and electronic discovery.
  • Conducted an assessment for a Fortune 500 electric and natural gas utility company to identify and remediate gaps in their information management practices.
  • Led all phases of a consulting project to enable a large government institution to define it's strategies, staffing, procedures, and technology to achieve successful content management, records classification, and electronic discovery.
  • Authored and implemented policies for a major international law firm to manage all phases of their internal litigation hold process.

Electronic Discovery for Litigation and Regulatory Matters

  • Oversaw and managed all aspects of electronic discovery for a major international financial institution required to respond to complex document requests from multiple regulatory agencies and opposing parties.  Challenging factors included coordination between at least 6 law firms managing over 20 distinct matters; quality control, migration and management of over 15 TB of data for more than 150 custodians; oversight of more than 30 professionals; and more than 3 years of routine project activity.
  • Coordinated all aspects of international data collection, processing, searching, analytics, hosting and production for a joint defense group represented by a combined 6 law firms in multi-billion dollar shareholder litigation. The most challenging aspects of the project included significantly compressed timelines, broad distribution of relevant data, and international data protection statutes.
  • Acted as the consulting expert of record in the United States District Court Southern District of New York regarding the forensic examination, extraction, conversion, processing and searching of electronically stored information from computer systems in connection with alleged intellectual property violations.
  • Led over 35 matters involving the strategic use of predictive coding, concept clustering, and data analytics.  Designed and documented relevant workflows, supporting definitions of solutions, and defensibility kits.  In addition, trained and oversaw a team of project managers and technicians responsible for daily support of such projects.
  • Consulted with a team of forensic accountants, auditors and attorneys to facilitate international data collection, processing and searching; while also providing hands on support of Relativity to complete a rapid internal accounting investigation, leading up to the independent verification of client financial records.
  • Coordinated the forensic preservation, collection, analysis, and expert reporting efforts related to the breach of information technology systems by a former employee for a corporate client, enabling counsel to obtain a temporary restraining order and file litigation under federal bankruptcy rules.
  • Coordinated international efforts to identify, preserve, collect and review electronic data from six countries, including locations in the EU and South America, for an internal investigation of potential FCPA violations.
  • Assisted counsel for a major pipe manufacturer in the forensic acquisition and analysis of computer evidence to support claims related to theft of intellectual property.
  • Conducted extensive analysis of electronic data collected from a gas storage company to segregate material potentially relevant to a major litigation in order to process and search targeted data sets, thereby reducing processing expenditures for over three terabytes of data.
  • Led a team of electronic discovery professionals in a rapid forensic collection, expert analysis, document review and production for a major law firm representing a former executive under investigation for potential violation of federal regulations.
  • Managed access to a hosted Relativity database for secure, on-line inspection of plaintiff’s documents by opposing counsel prior to production.
  • Consulted with counsel for a local marketing firm regarding procedures to preserve and collect electronic data stored on third party systems, including webmail, salesforce.com, and SharePoint.
  • Guided counsel and forensic technology consultants on the forensic acquisition, and targeted analysis and processing of electronic data from hand held devices, including smart phones and tablets.
  • Successfully led all phases of eDiscovery and oversight of document review in a matter involving a note holder group pursuing financial claims exceeding $100 Million in value in bankruptcy court against a debtor where multiple outside counsel representing 8 parties maintaining relevant data were required to collect, search, review and produce documents from over 300 GB belonging to 27 custodians within 6 weeks.

 Software Implementation and Management

  • Directed all aspects of evaluation, implementation, management and maintenance of a sophisticated eDiscovery system with analytics and predictive coding for a major international law firm; also providing extensive guidance on the strategic use of predictive coding and advanced content organization techniques to significantly enhance efficiencies in the case assessment and document review process.
  • Designed and implemented an Electronic Discovery Vendor Responsibility program for a major international law firm in order to evaluate potential service providers and manage the quality of service within the approved portfolio of providers.
  • Assisted corporate clients in the life sciences and energy sectors with the selection, proof-of-concept, evaluation and contract negotiation for innovative electronic discovery and content management systems including AccessData eDiscovery, Kazeon, StoredIQ, and Oracle Universal Content Management.
  • Managed the maintenance, upgrades, development requests, user support and database administration of FTI’s Ringtail system for a major international law firm.

Publications & Speaking Engagements

  • Speaker, facilitator and moderator for a series of sessions, “Turning the light on in the dark [data] room: How organizations can leverage unused data,” ARMA NYC Chapter, October 2015; LegalTech New York, February 2016; ING3NIOUS, February 2016
  • Panelist at the 2015 ILTA Conference regarding, “20 E-Discovery Warnings in 60 Minutes,” August 2015
  • “Information governance: Be prepared for a data disaster,” Inside Counsel, August 2015
  • Co-author with Diane Quick, “Transcend Search: Predictive Technology for Corporate Intelligence,” November 2014.
  • Speaker for the Houston Association of Litigation Support Managers, “Keep, Manage, or Move?  Walking the Gauntlet When You’re Not Too Sure About Your Current Service Provider,” November 2014.
  • “Analytics in Predictive Coding, Maintaining Substance in the Midst of Mathematics,” November 2013.
  • “Setting the Stage for a Business Minded Approach to Legal Document Discovery through Modern Analytics,” June 2013.
  • Speaker at Texas Lawyer Technology Summit regarding, “Predictive Coding for Investigations and Regulatory Matters” May 2013.
  • Speaker at ABA Section Annual Conference regarding, “The Ethics of Computer Assisted Review” April 2013.
  • “Can Predictive Coding Help Attorneys Protect Privileged Material?” March 2013.
  • “Focusing on Substance over Mathematics in a Predictive Coding Workflow,” February 2013.
  • “Legal Services Management and Predictability,” November 2012.
  • “Why Predictive Coding Makes Sense,” video podcast, November 2012.
  • “Balancing Opportunity and Risk Cases Using Predictive Coding,” video podcast, November 2012.
  • “Balancing Math and Substance to Achieve Success,” video podcast, November 2012.
  • “Putting Predictive Coding in the Right Hands,” video podcast, November 2012. 
  • “Getting Comfortable with Predictive Coding,” video podcast, November 2012.
  • Moderator at 2011 ILTA Conference regarding, “Extending Contentious Matter Extranets to Transactions,” August 2011.
  • Speaker at 2011 ILTA Conference regarding, “Applying Litigation Support Tools to the Transactional Practice,” August 2011.
  • Moderator for various ILTA Teleforums, Webinars, and Podcasts, 2009 - 2011.
  • Moderator at 2010 ILTA Conference regarding "eDiscovery Economics," August 2010.
  • Co-author with Laurie Weiss, “How Fulbright & Jaworski Transformed Its Document Review Process with Recommind Axcelerate™ eDiscovery,” Law Journal Newsletters, August 2010.
  • Co-author with Laurie Weiss, “Deployment of Recommind Axcelerate to Streamline Large Scale Document Review,” Fulbright & Jaworski L.L.P., May 2010.
  • Panelist at 2009 ILTA Conference regarding "Strategies for Cost Control and Recovery in Litigation Support," August 2009.
  • Panelist at LDM Group, LLC Technical Briefing & Panel Discussion, “How Have Electronic Documents Changed the Way You Approach Discovery,” October 2007.
  • Panelist at 2007 ILTA Conference regarding “Predictability in E-Discovery,” August 2007.
  • Co-Presenter in various in-house electronic discovery CLE programs, 2003 - 2011.
Tom Barce

Thomas M. Barce

Director of Consulting
646.229.1316