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Transforming e-Discovery Into a Standard Business Process

By Scott M. Giordano
November 30, 2014

In recent years, the need to treat e-discovery as a repeatable, streamlined process has been well-evidenced by a series of U.S. court opinions citing a wide range of e-discovery failures, including those related to preservation of electronically stored information (ESI), document productions and identification of potential custodians.

Burdens on corporations, especially multinational ones, related to e-discovery continue to grow both with respect to litigation and stepped-up regulatory agency actions. Adding to this problem is the yearly double-digit growth in of unstructured ESI and the challenge of locating it in the corporate information ecosystem.

Courts are well educated on advancing technologies, like early case assessment (ECA), legal hold software and predictive coding, as a means to control costs (proportionality), demonstrate reasonableness (transparency) and be more prepared for negotiations (cooperation). Yet, when looking at Fortune 1000 corporations for legal holds alone, Huron Legal estimates that only 300 to 350 organizations are taking advantage of technology to automate their processes.

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