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- Cohen Highley Law Firm
- Many CIOs make the assumption that eDiscovery is a black swan event. The truth is that eDiscovery comes from various sources: litigation, regulatory compliance, and internal investigations.
- eDiscovery can be incredibly complex and expensive. IT often treats eDiscovery as legal counsel’s issue but IT is a huge part of the response.
- eDiscovery has a lot of moving parts. IT must interact with inside counsel, outside counsel, and a variety of different parties within the enterprise.
- The entire process needs to be auditable and – in legal parlance – “defensible.”
- All IT departments should have an eDiscovery plan in the likelihood that the improbable occurs.
- Organizations that have a formal plan and the capabilities to perform eDiscovery search rank email and sensitive documents as the top concerns.
- The less control IT has over the information source the greater the concern for eDiscovery.
Impact and Result
- Prepare for eDiscovery. Develop an SOP and a set of standard communication templates to guide the conversation with requestors and legal counsel.
- Formalize the process so that IT can control the pain and business disruption that eDiscovery creates.
- Reduce the cost of compliance by up to 80%.
1. Define the technology you need to support Discovery requests
Fill technology gaps in the eDiscovery process.
2. Understand the litigant and regulator request formats
Describe the responsibilities and activities required.
3. Implement a standard discovery request process
Assess the relative risk or value of information sources.
This guided implementation is a three call advisory process.
Call #1 - Decide on what technology you need
For those where any kind of eDiscovery request is rare, process and guidelines for how IT can support will control wasted time. Standardized process allows IT to guard against errors of ignorance and the potential for spoliation and fines for contempt.
Call #2 - Right size the technology to support the policies
A plan for matching the strategy and the technical platform to maintain the strategy. A plan for solving the current problems based on the vendor roadmaps at the time.
Call #3 - Integrate compliance into information governance
Compliance needs to be a central element of information governance for either to be successful. This does not necessarily mean further investment in technology.