Compliance and E-Discovery: Long Term Convergence?
EDDix provides objective, in-depth research about the e-discovery market. Its latest study, Corporate Litigation Readiness, presents several interesting findings.
EDDix reports are typically based on research conceived, executed, and analyzed by EDDix. Here, an e-discovery vendor commissioned a detailed survey of in-house counsel and turned over the results to EDDix to analyze. Working from a less-than-perfect research instrument, EDDix nonetheless teased out interesting findings:
- Corporate focus on compliance will cause companies to acquire archival/retention systems that ultimately handle more aspects of e-discovery. And corporations will play a bigger role in setting e-discovery strategy. EDD vendors will need to re-focus the services they offer. But the process will likely take a full decade.
- For the moment, however, the data suggest that many general counsels still do not have a handle on electronic discovery details. The survey found that 62% have an “e-mail archiving system.” Would that it were so. EDDix points out that many technology surveys find that the penetration of e-mail archive systems is under 30%. The interpretation: in-house counsel may be confused about the systems their companies use and their capabilities for e-discovery. But compliance and risk managers will likely take the lead role, so it doesn’t really matter that much.
- Fear of sanctions, despite the widely publicized Zubulake and Morgan Stanley decisions, is not driving change in corporations; rather, it is compliance mandates, particularly SOX. This drive will ultimately lead corporations to adopt enterprise content management systems.
More information on the Corporate Litigation Readiness: free summary for members, which requires free registration; full-study costs $798 for members and $1450 for non-members.
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