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Uncovering the Facts in Litigation And Investigations
Over the past decade, the volume of data in litigation and investigations has exponentially increased. As data has become more and more vulnerable to subpoenas and regulators, people have become singularly concerned with making relevance decisions for production. In the process, we have forgotten about focusing on the facts themselves and uncovering the stories within data. The art of fact development ' the uncovering of essential data to develop case narratives ' has been lost, and it needs to be brought back again.
A common sentiment seems to be that focusing on individual facts just isn't possible due to high volumes or tight deadlines. But not only is it possible ' it's essential for building the narrative of your case. There are many benefits to incorporating fact development early on in the review process. It can lead to a more streamlined, efficient review. It can substantially reduce the volume of data you need to analyze. Furthermore, organizing and harnessing the data you uncover can have reverberating effects across current and future reviews.
Rather than waiting until the end of review to consider all the facts, corporate counsel should place a stronger emphasis on conducting fact development in a more proactive manner and on building an early case assessment process that is designed to prioritize data analysis as review unfolds. Instead of waiting for outside counsel to conduct fact development and treating it as an end product, corporate counsel should build fact development into the actual review process itself ' and before review even begins.
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