- 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.”
Our Advice
Critical Insight
- 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%.