eDiscovery Infographic

1. WHY YOU NEED A
PROACTIVE APPROACH 1010101010010101101001110101010
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TO E-DISCOVERY 1100101010101111010101011100101
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The pervasive use of electronic information has resulted in a spectrum of legal rules regarding
the retention and production of that information. Being proactive in your discovery process
will reduce cost and risk, and increase control over those processes.
What Is E-Discovery?
? Electronic discovery, or e-discovery, refers to any process in which electronically stored information (ESI)
is identified, preserved, collected for the intent of using it as evidence in a lawsuit, investigation, or audit.
The E-Discovery Reference Model
PROCESING
PRESERVATION
INFORMATION
IDENTIFICATION REVIEW PRODUCTION PRESENTATION
MANAGEMENT
Locate potential COLLECTION Deliver ESI to Display ESI
Ensure your ESI is sources of ESI and before audiences
others in appropriate
in order from initial determine their Ensure that ESI is ANALYSIS (at depositions, hearings,
formats.
creation through scope, breadth and depth. protected against trials, etc.).
final disposition. inappropriate alteration Reduce and evaluate
or destruction. ESI for relevance,
privilege, and context.
Putting It in Perspective
In 2011, organizations in North America spent nearly $5 billion on e-discovery technologies. $
Almost 40% of companies with annual revenues over $1B, spend $5M or more on annual litigation expenses.
Nearly 30% of large companies report 6-20 new lawsuits against them annually. $
43% of organizations cited financial exposure as a reason for E-Discovery concerns.
Main Drivers of e-Discovery
Regulatory Compliance Litigation Internal Investigations
of companies had at least Self-initiated internal investigations
37% one regulatory proceeding within 89% jumped from one-third of public companies
of companies face litigation
the last year. in 2009 to more than half this year.
Almost half of the largest companies More than 40% of US and UK companies
of U.S. companies and half of the
turned to outside counsel for assistance 55% proactively launched at least one internal
UK companies spent $1 million or
with government or regulatory investigation on their own in 2009.
more on litigation last year.
investigations.
Costs of Reactive Approach vs. Proactive Approach
Chart below represents the estimated cost for a sample incident.
$420K $300K $525K $255K
REACTIVE
COLLECTION HOLD INSPECT/REVIEW PRODUCE
A PROACTIVE APPROACH TO E-DISCOVERY
PROACTIVE
IN YOUR ORGANIZATION COULD
SAVE 63% IN TOTAL COSTS.
$60K $368K $64K
$63K
Benefits of Proactive Approach
Reduce Cost Reduce Risk Exercise Control
Send less data for processing Less distribution of data More control over processes
Use fewer services Greater consistency More control over data
Companies that ignore the importance of e-discovery risk damage to professional and personal reputations, an issue that
should be acknowledged by everyone from corporate legal teams to IT exectutives to CFOs. The only way to protect your
company - and peace of mind - is to adopt a proactive approach to e-discovery.
SOURCES:
Fulbright 7th Litigation Annual Trends Report
Kazeon Whitepaper “Proactive and Reactive e-Discovery”
EMC Proprietary Data
htttp://www.edrm.net