KCura Corp. held a webinar on July 2 called “Intelligent Collection: The Keystone to Efficient E-Discovery” that discussed ways to streamline the e-discovery process and other trends.
The 53-minute presentation featured speakers: Cheryl McKinnon, principal analyst at Forrester Research Inc.; Bennett Borden, partner at Drinker Biddle & Reath; and Jeremy Montz, product manager at kCura. Here are five takeaways from the webinar.
1. E-discovery is gaining clout.
IT decision makers at enterprises, not necessarily law firms, are bringing more e-discovery functions in-house (e.g., collection), said McKinnon.
The number of IT/Security professionals that consider e-discovery a “critical priority” has tripled from 2012 (4 percent) to last year (12 percent), according to data listed in a Nov. 2013 Forrester report called “Understand The Context Of E-Discovery Tools For Your Enterprise.” Forrester polled 1409 and 1147 IT professionals in 2012 and 2013, respectively, to compile the data.
2. More enterprises are bringing e-discovery in-house.
As a result, more IT decision makers at organizations are bringing e-discovery functions, such as collection, in-house, McKinnon said. “This is a pretty good indicator that organizations are becoming more sophisticated about e-discovery,” she said.
3. Content management challenges.
Forty-six percent of content management professionals who responded to an online Forrester survey conducted in May 2013 said that lack of coordinated governance was the biggest content management challenge at their organization. The survey polled 179 content management professionals. The numbers are in line with preliminary data for 2014, said McKinnon, who noted that lack of governance is still at the top of the list this year with 55 percent.
4. Distill data from e-mails early on.
An overwhelming majority of communication is still conducted through e-mail, said McKinnon, even as new forms of communication are released, such as instant messaging, mobile, social media, etc. “E-mail continues to be the lifeblood of communication,” she said.
Important information should be extracted from e-mails at an earlier stage, so a large quantity of e-mails do not have to be stored for years, said Borden. “E-mail looses its value, its currency, very quickly,” he said.
Holding onto unnecessary e-mails too long could be “a huge burden on companies” and “drives up e-discovery costs,” Borden continued.
5. New ESI forms fly below radar.
Newer sources of ESI are less likely to be under a content management retention plan, said McKinnon. “The newer the content type, the least likely an organization is to have it under some kind of retention management program,” she said.
Records management professionals are least likely to implement technology for managing retention on social or collaboration sites (143 respondents voted “not interested”), such as Jive, Yammer and Chatter; followed by cloud based file sharing (123 respondents voted “not interested”), such as Box Inc.; and instant messages (108 respondents voted “not interested”). The Q3 2013 survey polled 397 records management professionals, and was conducted jointly by Forrester and ARMA International.
“Some of this information is highly critical to a company in a case, and yet it is rarely considered, not just in the records management space, but even in the e-discovery space,” Borden said. “If not considered, it can be a gigantic problem later on in the case.”
Mark Gerlachis a staff reporter for Law Technology News.
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