Compliance Week TV

In our first Compliance Week TV video we hear from Frank Diana, executive vice president of enherent Corporation, who discusses the challenges involved in information management.
Watch the video in full screen now

CPE Credits On Demand!

Subscribers can now earn FREE Continuing Professional Education (CPE) credits by watching Compliance Week Webcasts on critical topics related to corporate compliance and risk -- on demand, so at your convenience! For subscribers only.
Earn CPE for free now

Compliance Week Podcasts …

This week’s podcast features Lucy Marcus, CEO of Marcus Venture Consulting, talking about shareholder and director activism, and how corporate executives can work with them more effectively. Hear the podcast now or …

Follow Compliance Week podcasts on iTunes.

… and Compliance Week on Twitter!

You can also follow Compliance Week Editor Matt Kelly on Twitter, for the latest regulatory observations and updates. More than 2,600 followers and ranked the most influential Twitter feed on compliance!

Compliance Week LinkedIn Group

Visit the Compliance Week has a companion group on LinkedIn, where members can network and discuss the compliance and governance news of the day among themselves. Open to all, free to join.

Webcasts of the Week

Defining and Executing Systematic, Risk-Based Third-Party Due Diligence for FCPA Compliance
Sponsored by The Steele Foundation

Help Wanted: Ad of the Week

Compliance Education & Communications Mgr.
Submitted by Oracle

Event of the Week

Corporate Governance Programs
Courtesy of Harvard Business School

Thought Leadership of the Week

Access Management: Efficiency, Confidence, Control
Courtesy of SAP

The Resource Exchange

Code of Conduct
Submitted by BP

Sample Risk Acceptance Request
Submitted by Circuit City

Featured Databases

Whistleblower Guidelines
Search Whistleblower Policies, Contract Options

Class-Action Filings
Download Text of Class-Action Complaints

GRC Illustrated Series

Improving GRC by Visualizing Your Data
The 24th Installment in This Exclusive Series

The Filing Cabinet

RSS
“The Filing Cabinet” is written by Melissa Klein Aguilar, a long-time business journalist who first began writing for Compliance Week in 2005. She closely follows all issues related to SEC registrants, Sarbanes-Oxley compliance, evolving securities rules, and executive compensation, among other areas. She welcomes questions, comments and statements from readers on SEC filing matters, and where appropriate she will try to address them here. She can be reached via email at Melissa@complianceweek.com.

 

November 16, 2009

Survey: Cos. Bringing Some e-Discovery Processes In-house

Amid continuing pressure to cut or contain costs and an expected increase in the number of lawsuits and regulatory inquiries involving electronically stored information, companies are bringing some electronic discovery processes in-house.

That’s according to a survey of more than 100 IT and legal executives involved in e-discovery processes at Fortune 2000 companies and government agencies conducted by Enterprise Strategy Group and Clearwell Systems.

The vast majority of companies are already bringing, or plan to bring, some e-discovery tasks in-house, according to the report, “Trends in Electronic Discovery: A Market Perspective.”

While most organizations have outsourced e-discovery processes because they lacked internal resources and wanted to shift some of the risk to a third party, the volume of matters involving ESI now dictate more specialized staff, according to the survey.

Nearly half of respondents (48 percent) already have active projects today to bring certain tasks in-house, while another 36 percent say they’ll have a plan in place over the next 12 months.

ShahKamal Shah, vice president of marketing at Clearwell Systems, says the trend toward bringing e-discovery processes in-house is driven by three main factors: reducing costs, reducing risk, and getting more control of the process.

“In the last 12 months there have been a number of landmark case decisions where the courts have thrown out the ‘my dog ate my homework’ excuse,” holding enterprises ultimately responsible for e-discovery failures even when third parties are involved, he says.

The majority of those polled want to bring the initial phases of e-discovery-identification and collection (66 percent) and processing and analysis (69 percent) in-house. Those are also the most cumbersome, resource intensive, and therefore expensive tasks, since corporate counsel and IT have to sift through terabytes of information to locate any ESI that may be relevant to a given request and perform early case assessment, according to the report.

Meanwhile, 41 percent of companies are looking to bring aspects of ESI preservation and legal hold management in-house, tasks that can carry the most risk if not executed properly, according to the study. Only 31 percent plan to bring some review/production processes in-house.

Not surprisingly, the majority of respondents expect the number of lawsuits and regulatory inquiries they face to increase in 2010, with 13 percent expecting an increase of 50 percent or more. While most respondents believe those increases will be driven by higher litigation, 46 percent expect to receive more regulatory inquiries.

Despite pressure to reduce costs in other areas, the survey shows legal and IT departments increasing spending on e-discovery. Roughly 80 percent of respondents cited an increase in e-discovery spending in 2009—one-third did so by more than 20 percent. That trend is expected to continue, with nearly 40 percent forecasting a 20 percent or greater increase in e-discovery spending in 2010.

Shah notes that e-discovery technology is becoming a line item in enterprises’ budgets. Among those surveyed, 87 percent plan to budget for technology to support e-discovery processes in 2010.

In addition to bringing all or a portion of the electronic discovery process in-house, 34 percent of respondents plan to hire more people and dedicate additional staff to deal with the expected e-discovery increases in 2010, while 30 percent plan to negotiate better deals with service providers.

e-discovery2 image

Another indication that Companies are hiring specialized staff to handle e-discovery: 22 percent of those polled hold the title “Electronic Discovery Manager”—a title that Shah says didn’t even exist a few years ago.

The full report is available for download here.

Posted by: maguilar @ 3:54 pm

Filed under: E-discovery

No Comments »

No comments yet.

RSS feed for comments on this post. TrackBack URL

Leave a comment