WHY YOU NEED APROACTIVE APPROACH                                                                                          ...
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eDiscovery Infographic


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eDiscovery Infographic

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eDiscovery Infographic

  1. 1. WHY YOU NEED APROACTIVE APPROACH 1010101010010101101001110101010 1100101010101111010101011100101 1010101010010101101001110101010TO E-DISCOVERY 1100101010101111010101011100101 1010101010010101101001110101010The pervasive use of electronic information has resulted in a spectrum of legal rules regardingthe retention and production of that information. Being proactive in your discovery processwill 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-DiscoveryRegulatory 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 ApproachChart 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 ApproachReduce 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