CHICAGO--(EON: Enhanced Online News)--Huron Consulting Group, a leading provider of business consulting services, today released a new Huron Legal briefing entitled, “Curtailing the Costs of E-Discovery.” The briefing examines challenges presented by emerging issues in e-discovery, and outlines how organizations can manage these issues while avoiding risks and increased e-discovery costs.
“The bottom line is that competency, cooperation and transparency are essential for organizations to avoid the risks of these emerging issues and contain e-discovery costs”
“As e-discovery continues to evolve, organizations are facing a host of complex challenges – from new interpretations of existing issues, to risks associated with technology, such as cloud computing, technology-assisted review, and over preservation,” said Jim Mitchell, managing director, Huron Legal. “The key to achieving results and even cost savings is to take a strategic, proactive approach during this period of rapid change.”
The briefing includes insights gleaned from meetings hosted by The Huron Legal Institute, which included experts from corporate law departments, outside counsel, the federal and state judiciary, and federal agencies to address essential industry issues. Participants discussed today’s top legal trends and challenges and outlined the following recommendations:
Advanced preparation, well before litigation arises, is the key to reducing costs associated with e-discovery:
- Information Governance. To achieve success in e-discovery, organizations must implement a sound information governance program driven by a records retention policy that is rigorously monitored and enforced. Practicality and reasonability are important here.
- The Duty of Preservation and Legal Holds. It is crucial that organizations proactively take steps to address two common preservation problems: failing to institute a timely litigation hold, and leaving the decision whether to destroy data up to individual custodians without supervision.
- Litigation Readiness. Organizations should prepare for litigation by designing workflows they can implement when cases are filed to ensure they take a consistent and comprehensive approach to discovery, having a discovery plan in place and creating a data map.
The Impact of Technology on E-Discovery
Organizations must consider e-discovery implications of emerging technology, such as technology-assisted review, cloud computing, social media and “Bring Your Own Device” policies:
- Technology-Assisted Review. Technology-assisted review (TAR) can result in greater accuracy as well as cost savings in appropriate cases, but organizations must first evaluate the potential cost savings of TAR and the defensibility of the particular methodology to determine if TAR suits its individual situation and needs. TAR becomes part of the process, not necessarily a complete replacement of one.
- Cloud Computing. Before entrusting data to a third-party cloud provider, organizations should decide how much control the company will be permitted over its data and investigate the provider’s procedures for handling, storing, and backing up data.
- Social Media. Social media is a burgeoning source of electronic evidence, but questions of possession, custody, control and privacy can create roadblocks to discovery.
- “Bring Your Own Device.” Organizations should consider implementing a “bring your own device” (BYOD) policy to protect confidential and sensitive data, and adopting data monitoring software, which can record when mobile devices are accessing confidential information on their networks.
Avoiding Collection and Production Perils
Cooperation and strategic planning are key to avoiding common risks associated with data collection and privilege review:
- Self-Collection. The best approach to data collection may be to follow a shared services model, where the organization retains control over the e-discovery function but outsources repetitive, manual tasks and processes to a third-party discovery company.
- Production and Privilege Logs. Privilege review is one of the most expensive aspects of e-discovery; however, organizations can cut costs by using established frameworks designed to make the logging process more efficient.
“The bottom line is that competency, cooperation and transparency are essential for organizations to avoid the risks of these emerging issues and contain e-discovery costs,” said Carolyn Southerland, managing director, Huron Legal.
To view the full article, visit: http://www.huronconsultinggroup.com/Insights/Perspective/Legal/Curtailing_the_Costs_of_eDiscovery.aspx.
If you are interested in speaking with Jim Mitchell, Carolyn Southerland, or another one of Huron Legal’s experts on legal market trends or other issues impacting the legal industry, please contact:
Jennifer Frost Hennagir
About Huron Legal
Huron Legal provides advisory and business services to assist law departments and law firms to enhance organizational effectiveness and reduce legal spend. Huron Legal advises on and implements strategy, organizational design and development, outside counsel management, operational efficiency, and discovery solutions, and provides services relating to the management of matters, contracts, documents, records, digital evidence and e-discovery. Huron Legal is not a law firm; it does not offer, and is not authorized to provide, legal advice or counseling in any jurisdiction. Learn more at www.huronconsultinggroup.com/legal or follow us on Twitter: @HuronLegal.
About Huron Consulting Group
Huron Consulting Group helps clients in diverse industries improve performance, reduce costs, leverage technology, process and review large amounts of complex data, address regulatory changes, recover from distress and stimulate growth. Our professionals employ their expertise in administration, management, finance, operations, strategy and technology to provide our clients with specialized analyses and customized advice and solutions that are tailored to address each client's particular challenges and opportunities to deliver sustainable and measurable results. The Company provides consulting services to a wide variety of both financially sound and distressed organizations, including healthcare organizations, leading academic institutions, Fortune 500 companies, governmental entities and law firms. Huron has worked with more than 95 of the top 100 research universities, more than 400 corporate general counsel, and more than 385 hospitals and academic medical centers. Learn more at www.huronconsultinggroup.com.