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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.
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.
Three members of AOL's legal department, and Rob Hichens of Huron Legal, discussed this issue in the second installment of Exterro's E-Discovery Masters webcast series, “Transforming E-Discovery as a Business Process,” http://bit.ly/1ueYDZI. This article shares their expertise and insights on how to reduce e-discovery complexity in five simple, but often hard to implement, steps.
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