ZyLAB contributes to KMWorld eDiscovery Best Practice White Papers

Posted on January 19, 2010

2


Today, KM World published ZyLAB’s latest best practice white paper on Litigation Response to Litigation Readiness. The white paper is available for download from here: http://www.zylab.com/Resources/white_papers.html.

As Andy Moore, editorial director from KMWorld observes: “It may not be a strictly scientific finding, but nobody argues that only about 1% of businesses are FULLY prepared for e-discovery. 1%—that’s statistically zero. Sure, there are the regulated industries that routinely manage their records down to the last period of the sentence… that’s a Thursday for them. But the VAST majority of businesses have not adequately NOR proactively prepared to respond to an e-discovery request.” And that is absolutely correct: we see similar statistics in the market.

In the legal space, things go by evolution, not revolution. But it’s evolving, people are getting educated on the subject of eDiscovery. Not only specialists, but also counsel AND judges. The legal society as a whole is beginning to understand that there’s more to life than just TIFF documents.”

MEET THE NEEDS OF ALL THE STAKEHOLDERS

Various dynamics add to the extreme pressure of the situation and underscore the need for a proper methodology for managing vast volumes of information:

  • Both in-house and outside counsel want to prevent being ambushed by unknown liabilities. Therefore, one will have to find all of the relevant information—even files that have been deliberately altered and concealed. High recall, coupled with filtering and de-duplication tools, is paramount for eDiscovery technology because it gives outside counsel the assurance that they have all of the facts.
  • Everyone wants to reduce outside counsel’s risk of court sanctions, fines and negative verdicts. If the potentially relevant information is properly preserved, collected and locked-down in legal hold, outside counsel is relieved of the risk of spoliation (accidental or deliberate) and related court sanctions or fines that can negatively impact the case.
  • Everyone wants to reduce the likelihood of premature settlements. Despite their innocence, some organizations settle cases if they believe the cost of eDiscovery will outweigh the cost of a settlement. We need technology to bring substantial savings and efficiencies to the client so that they can maintain their legal representation and protect their interests, reputation, and cash flow.
  • Related to the previous point, executives always have an eye on the bottom line, and as a result, they may demand more proactive and pragmatic information management solutions instead of draining significant resources to defend specific legal matters. 
  • eDiscovery places an enormous burden on IT departments. Incremental collections from all different electronic sources (on-line, off-line, near-line, and in the cloud) are incredibly time consuming. Automation and preparation can relieve IT tremendously and enable them to focus on more strategic IT solutions to support the entire enterprise.

LITIGATION RESPONSE AND READINESS ARE MOVING TARGETS

While the latest eDiscovery and information management technologies have made great progress towards putting organizations in control of their information assets and liabilities, the environment is dynamic and requires solutions that can scale and adapt to new realities:

–                      Even after 50 years, Moore’s Law still applies: Every 18 months, the volume of our stored data doubles. At that rate, the amount of information stored by an organization will have grown 100 times over in ten years.

–                      The legal industry is one of the most conservative industries out there. Adoption of new technology is not a revolutionary process, but an evolutionary one which leads to higher costs from prolonged inefficiency.

–                      The use of new social media such as Twitter and Facebook and non-searchable multimedia platforms like YouTube is growing exponentially.

–                      With the introduction of cloud computing, information is everywhere and nowhere at the same time.

–                      The number of law suits will only increase in the coming years due to the credit crisis, but also due to the increasingly litigious nature of our society.

Therefore, the only real solution to solve the eDiscovery burden now and in the future is to start properly managing all of your enterprise information as part of daily operations.

The white paper explains more details and provides directions for solutions. Also, when you are at LegalTech 2010, don’t forget to visit our Eductational tracks on Tuesday or visit our booth #213. More information can be found here: http://www.zylab.com/events/legaltech_2010.asp.

Advertisements