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For many in-house counsel, staying afloat in today's litigation and financial environment has become increasingly difficult. The amount of data that flows through companies has exploded while compliance measures have increased and deadlines for discovery have gotten shorter. The current economic troubles can slam legal departments in several ways ' not only are companies tightening their belts wherever possible, but certain types of lawsuits tend to increase during financial downturns.
According to the U.S. Equal Employment Opportunity Commission, the number of discrimination complaints increased 9% in 2007. The EEOC speculates that at least some of that growth is due to “changing economic conditions.” And if the past year is a guide, discrimination lawsuits could certainly increase as the economy looks turbulent for the foreseeable future, and organizations will be forced to continue downsizing their workforce.
The struggle to stay on top of litigation in 2009 could get worse before it gets better for corporate legal departments. It's enough to make many wish they had a field guide to find their way through the forest of lawsuits. Fortunately, there are ways that in-house counsel can proactively prepare for litigation and regulatory and compliance issues, easing the burden of discovery while increasing the defensibility of their processes and procedures. Developing a data map of an organization's information flow is one important step.
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