Considering International eDiscovery Expansion? Don’t Forget Operational Art

Editor’s Note: This article on international expansion through the lens of operational art, eDiscovery, and culmination points does not attempt to compare the importance of eDiscovery business with military operations. Instead, it seeks to explore how the proven concept of operational art, widely used in the military to plan and execute campaigns and battles, can be applied in eDiscovery business environments. By applying operational art to the planning and execution of international expansion strategies, eDiscovery providers can position themselves for long-term success in the global market. This article aims to provide insights and examples of how operational art can be used in this context and can be a valuable tool for eDiscovery providers seeking to expand their operations internationally.

ComplexDiscovery Backgrounder*

Considering International Expansion? Operational Art, eDiscovery, and Culmination Points

Industry Education

Defining and Describing Operational Art

Operational art refers to the planning and execution of military operations at the operational level, which is the level between the strategic level (dealing with long-term goals and objectives) and the tactical level (dealing with the immediate actions and decisions necessary to achieve those goals). Operational art involves using various military resources (such as personnel, equipment, and logistics) to achieve strategic objectives through the execution of specific campaigns and battles.

Operational art is vital in military operations because it allows commanders to think and act creatively and dynamically to achieve their strategic goals. It requires analyzing the operational environment, identifying opportunities and threats, and developing and implementing plans to achieve success.

In business, the concept of operational art can be applied to the planning and execution of business operations and strategies. Like in military operations, businesses must carefully plan and execute their operations to achieve their strategic goals. Applying operational art in business involves:

• Analyzing the business environment.
• Identifying opportunities and threats.
• Developing and implementing plans to take advantage of those opportunities and mitigate those threats.

For example, a business might use operational art to develop and implement a marketing campaign to increase brand awareness and drive sales. This campaign development would involve identifying target markets, developing marketing materials and strategies, and executing those strategies in a way that effectively reaches and engages potential customers.

Operational Art and International Expansion

Creating an international presence for a legal technology services provider is similar to a military building on tactical victories through operational art to develop strategic success in several key ways. Both require careful planning, strong execution, and the ability to adapt to changing circumstances.

First, both require careful planning. Just as a military must carefully plan its operations and strategy to achieve its objectives, a legal technology services provider must carefully plan its expansion into new markets to ensure success. This planning includes identifying target markets, conducting market research, and developing a clear plan for how to enter and succeed in those markets.

Second, both require strong execution. A military must execute its operations with precision and efficiency to achieve its objectives, and a legal technology services provider must do the same to succeed in new markets. This execution includes implementing marketing and sales strategies, building relationships with key stakeholders, and delivering high-quality client services.

Finally, both require the ability to adapt to changing circumstances. Military operations often face unexpected challenges and must be able to adapt to those challenges to succeed. Similarly, a legal technology services provider may face unforeseen challenges as it expands into new markets, such as changes in regulations or shifts in the competitive landscape. To succeed, legal technology service providers must be able to adapt and pivot as needed to continue moving forward.

Putting a Face on Operational Art

Building an international presence for a legal technology services provider requires careful planning, strong execution, and the ability to adapt to changing circumstances, much like a military building on tactical victories through operational art to create strategic success. By following these principles, a legal technology services provider can position itself for long-term success in the global marketplace.

An example of the use of operational art in business for a legal technology services provider expanding internationally might involve the following steps:

1. Identifying target markets: The legal technology services provider might use operational art to identify target markets where its products and services are likely to be in demand. This identification might involve conducting market research to understand the needs and preferences of potential customers in different regions and analyzing the competitive landscape.
2. Developing a clear expansion plan: Once target markets have been identified, the legal technology services provider might use operational art to develop a clear expansion plan outlining how it will enter and succeed in those markets. This expansion planning might involve identifying key stakeholders, developing marketing and sales strategies, and building relationships with partners and clients in the target region.
3. Establishing a local presence: To succeed in new markets, it may be necessary for the legal technology services provider to establish a local presence in those markets. This local presence might involve setting up a local office, hiring local employees, or partnering with local firms.
4. Adapting to local conditions: Different geographical regions may have different legal and regulatory environments, cultural norms, and business practices. The legal technology services provider might use operational art to understand and adapt to these local conditions to succeed in the new market.
5. Monitoring and adjusting as needed: As the legal technology services provider expands into new markets, it will be essential to monitor the progress of the expansion and make any necessary adjustments to the expansion plan as needed. This monitoring and adjusting might involve revising marketing and sales strategies, building new relationships, or adapting to changes in the local market environment.

This stepped approach is only one example of how a legal technology services provider might use operational art to expand internationally. By carefully planning and executing its expansion efforts, the legal technology services provider can position itself for long-term success in the global market.

Revenue Generation and eDiscovery Providers

With the business objective of increasing revenue, there are several primary ways that eDiscovery providers can increase revenue to achieve strategic, operational, and tactical business goals. Those ways include:

1. Increase the volume of business: One way to increase revenue is to increase the volume of business by attracting more clients and handling more cases. Providers can achieve this increase through marketing and sales efforts, such as building a solid brand, developing a strong sales team, and leveraging online marketing channels.
2. Increase prices: Another way to increase revenue is to increase the fees the eDiscovery provider charges for its services. Providers can achieve this increase by adjusting the pricing structure or introducing new services or packages that command higher prices.
3. Expand into new markets: An eDiscovery provider can also increase revenue by expanding into new markets. This expansion might involve entering new geographical regions, such as establishing a local presence in a new country or entering new industry sectors.
4. Diversify services: An eDiscovery provider can also increase revenue by diversifying its services. This diversification might involve introducing new products or services that complement its existing offerings or entering new markets that require specialized services.
5. Enhance efficiency and productivity: An eDiscovery provider can also increase revenue by enhancing its efficiency and productivity, which can help to reduce costs and increase profitability. This approach might involve investing in new technologies or processes that streamline operations or implementing best practices to optimize the use of resources.

Optimally, a combination of these ways can help ensure strong revenue growth within the capabilities of provider resources. However, we want to focus on expanding into new geographies to increase revenue for the remainder of this discussion.

International Expansion and Revenue Opportunities

The strongest target markets in terms of revenue potential for international eDiscovery providers may vary depending on various factors, including the specific products and services offered, the competitive landscape, and the preferences and needs of potential clients. That being said, some markets that may offer strong revenue potential for eDiscovery providers include:

1. North America: The United States and Canada are both large and technologically advanced markets that may offer strong revenue potential for eDiscovery providers. These markets are home to many large corporations and law firms that may have a high demand for eDiscovery services.
2. Europe: Europe is a large and diverse market that may offer strong revenue potential for eDiscovery providers. Many European countries have well-established legal systems and high demand for eDiscovery services, particularly in countries such as the United Kingdom, Germany, and France.
3. Asia: Asia is a rapidly growing market that may offer strong revenue potential for eDiscovery providers. Many countries in Asia, such as China and India, have large and growing legal sectors that may have a high demand for eDiscovery services.
4. Latin America: Latin America is a diverse and rapidly growing market that may offer strong revenue potential for eDiscovery providers. Many countries in Latin America, such as Brazil and Mexico, have large and growing legal sectors that may have a high demand for eDiscovery services.

Some, but not all, of the markets may offer strong revenue potential for international eDiscovery providers. It is crucial for eDiscovery providers to carefully assess the specific needs and preferences of potential clients in each market to identify the most promising growth opportunities for their particular business.

Revenue Outlook for eDiscovery Providers in 2023

It is difficult to accurately predict the international revenue outlook for eDiscovery providers in 2023, as this will depend on various complex factors. Some of the key factors that could impact the revenue outlook for eDiscovery providers in 2023 include:

1. Economic conditions: The overall economic conditions in different markets worldwide will likely significantly impact the revenue outlook for eDiscovery providers. In general, eDiscovery providers may see more robust revenue growth in markets with strong economic conditions, as there is typically a higher demand for legal services in these markets.
2. Technological advances: Technological advances in the eDiscovery industry may also impact the revenue outlook for eDiscovery providers. For example, developing new software or hardware solutions may create opportunities for eDiscovery providers to expand their services or increase efficiency.
3. Competition: The level of competition in the eDiscovery industry may also impact the revenue outlook for eDiscovery providers. In markets with a high level of competition, eDiscovery providers may face increased pressure to lower their prices or differentiate their services to remain competitive.
4. Legal trends: Legal trends in different global markets may also impact the revenue outlook for eDiscovery providers. For example, changes in regulations or the adoption of new legal technologies may create new opportunities for eDiscovery providers.

eDiscovery providers will need to monitor these factors carefully and adapt their strategies with operational art as necessary to position themselves for success in the global market.

Studying and Sourcing eDiscovery

Various resources are available for studying and sourcing eDiscovery solutions worldwide. Some of the top general resources that might be useful for individuals or organizations looking to learn more about eDiscovery and find suitable international expansion opportunities might include:

1. Investors in eDiscovery, including venture capitalists and private equity firms, can help inform international expansion opportunities by conducting and sharing market research to identify countries with a growing demand for eDiscovery services. They can also help by providing resources to help understand different countries’ regulatory and financial environments and assess the potential competition.
2. Industry associations, such as the Electronic Discovery Reference Model (EDRM) or the Association of Certified eDiscovery Specialists (ACEDS), can be a good resource for learning about eDiscovery and connecting with industry experts. Many industry associations offer educational resources, such as webinars and conferences, and may also have directories of eDiscovery providers that can be useful for sourcing solutions and considering expansion opportunities.
3. Professional networks, such as LinkedIn or industry-specific forums, can be a good resource for connecting with eDiscovery professionals and learning about different solutions and expansion opportunities. These networks may also be helpful for finding recommendations for specific eDiscovery providers or solutions.
4. Online reviews and ratings, such as those found on websites like G2 or TrustRadius, can be a valuable resource for learning about the experience of others who have used different eDiscovery solutions. These reviews can provide valuable insights into the strengths and weaknesses of different solutions and can be helpful for making informed decisions on potential expansion partnerships or licensing.
5. Industry publications, such as eDiscovery Today, Legaltech News, or ComplexDiscovery, can be a good resource for staying up-to-date on the latest developments in the eDiscovery industry and learning about new technologies and solutions available. They may also provide insight into emerging geographical needs and opportunities.
6. Consulting firms and individual advisors specializing in eDiscovery can be valuable resources for learning about different solutions and identifying the best fit for an organization’s needs. These consultants and advisors can also provide expert guidance and recommendations based on their knowledge and experience.
7. Research firms such as IDC, Forrester, Chambers, and Gartner can be helpful for eDiscovery professionals seeking to understand the eDiscovery ecosystem. These firms conduct research and analysis on various topics related to the eDiscovery industry, including trends and developments, new technologies, and market dynamics. They often publish reports and articles that provide valuable insights and analysis on these topics, which can be a useful resource for eDiscovery professionals looking to stay up-to-date on the latest developments in the industry and understand the broader context in which they operate. Additionally, these firms often offer consulting and advisory services to help eDiscovery professionals navigate the complex and evolving eDiscovery ecosystem in their search for expansion-related revenue generation activities. 

Additionally, specific resources like Andrew Haslam’s eDisclosure Buyers Guide, a comprehensive resource that can be helpful for individuals and organizations looking to understand the best eDiscovery providers (and potential expansion partners) in Europe, may be helpful. The guide provides detailed information about the products and services offered by different eDiscovery providers. This can be a valuable resource for identifying potential eDiscovery solutions and comparing the offerings of various providers. 

Also, ComplexDiscovery’s Top 100+ eDiscovery Provider List can be a valuable resource for industry professionals seeking to understand key eDiscovery providers worldwide. It identifies key providers based on industry reports and provides direct links to those providers’ websites.

These are some of the top resources that might be useful for individuals or organizations looking to study and source eDiscovery solutions worldwide. By leveraging these resources and seeking expert guidance, it is possible to find the right eDiscovery solutions, solution partners, and expansion opportunities for any organization’s business needs.

Culmination Points and International Expansion

The culmination point refers to the point in time or space at which the maximum potential for achieving a particular objective has been reached. In military operations, the culmination point may refer to the point at which a military campaign has achieved its strategic objectives and can no longer continue to advance. In business, the culmination point may refer to the point at which a company has reached its maximum potential for growth or profitability in a particular market or industry. The culmination point may also refer to the point at which a company’s resources and capabilities are fully stretched and cannot be further expanded or utilized. Understanding the culmination point is essential for military and business operations. It can help leaders identify when it is time to pivot or adjust their strategies to continue achieving their objectives.

In conclusion, operational art coupled with an understanding of the concept of culmination can be a valuable tool for eDiscovery providers seeking to expand their operations internationally. By applying operational art to the planning and execution of international expansion strategies, eDiscovery providers can position themselves for long-term success in the global market. This application of operational art requires careful planning, strong execution, and the ability to adapt to changing circumstances. By leveraging resources such as industry investors, industry associations, professional networks, online reviews and ratings, industry publications, consultants and advisors, and research firms, eDiscovery providers can gain a deeper understanding of the eDiscovery ecosystem and identify the best expansion opportunities for their business needs and best position themselves for success in the global market.

*Assisted by GAI and LLM Technologies

Additional Reading

• Investments in eDiscovery (A Running Listing)
• Market Sizing eDiscovery
• Trends in eDiscovery

Source: ComplexDiscovery