#2009 EDD Predictions - Electronic Discovery

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#2009 EDD Predictions

From Dan Regard: As we wrap up 2008 and move into 2009 we will see a number of new challenges and changes: Penetration into more cases, more do-it-yourself tools, new frontiers into database applications, and new focus on e-discovery management. First, as litigants become more aware of e-discovery rules and relevance, and as the use of digital information continues to grow in both raw volume and total percentage of the information in an organization, we will see a spread of e-discovery issues to mid-sized and small cases, not just in the large cases. This will increase the pressure for improved ways to relieve the volumes, the costs and the burdens on the court docket system. Second, law firms and corporations will continue to seek the optimal balance between handling issues in-house and outsourcing to specialty shops. This will be influenced by an increase in the availability (and reliability) of off-the-shelf solutions for processing and profiling standard ESI, balanced with the increased risk of not having a true center of excellence and the dangers related to doing it yourself but getting it wrong. Third, e-discovery will become more mature and parties will focus on issues beyond e-mail. This means, primarily, enterprise applications. This is especially true as companies continue to integrate systems to improve business efficiencies. The storage of information in non-email and non-document systems will increase the need to get information out of those systems. Finally, all parties who participate in e-discovery will increase their focus on project management, which has been more responsible for e-discovery disasters to date than any technology gaps or failures. This will be much more than just preservation or the work performed at a single vendor. This will be the work flow management of the entire project.

From Dan Regard:

Aswe wrap up 2008 and move into 2009 we will see a number of newchallenges and changes: Penetration into more cases, moredo-it-yourself tools, new frontiers into database applications, and newfocus on e-discovery management.

First, as litigants become more aware of e-discovery rules andrelevance, and as the use of digital information continues to grow inboth raw volume and total percentage of the information in anorganization, we will see a spread of e-discovery issues to mid-sizedand small cases, not just in the large cases. This will increase thepressure for improved ways to relieve the volumes, the costs and theburdens on the court docket system.

Second, law firms and corporations will continue to seek the optimalbalance between handling issues in-house and outsourcing to specialtyshops. This will be influenced by an increase in the availability (andreliability) of off-the-shelf solutions for processing and profilingstandard ESI, balanced with the increased risk of not having a truecenter of excellence and the dangers related to doing it yourself butgetting it wrong.

Third, e-discovery will become more mature and parties will focus onissues beyond e-mail. This means, primarily, enterprise applications.This is especially true as companies continue to integrate systems toimprove business efficiencies. The storage of information in non-emailand non-document systems will increase the need to get information outof those systems.

Finally, all parties who participate in e-discovery will increasetheir focus on project management, which has been more responsible fore-discovery disasters to date than any technology gaps or failures.This will be much more than just preservation or the work performed ata single vendor. This will be the work flow management of the entireproject.





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