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FTI Consulting Announces E-discovery Fitness Study Results
"Over the past five years, we have studied emerging e-discovery trends impacting corporate legal teams and shared the results through our Advice from Counsel reports," said
Topics discussed in the study include:
Implementing information governance programs to get Big Data under control
Respondents reported dramatic increases in corporate data volumes, including one e-discovery practitioner stating, "Three years ago, the average custodian had seven gigabytes of data; today, each has 31 gigabytes." To help curb this growth in data, 39 percent of respondents recently implemented a new data retention policy, and the majority of the study's participants were focused on implementing policies and procedures to better manage a growing "bring your own device" workplace.
Repurposing efforts from one case to another so the same documents do not have to be recollected, reprocessed and, in some cases, re-reviewed
The non-profit think tank,
Leveraging the power of advanced technology such as analytics and predictive coding
Sixty-one percent of the survey participants revealed using some type of advanced analytics or predictive coding tools on their discovery projects. Even with this high number, respondents were careful to provide guidance on successful implementations. "It is a good methodology to cull data, but, still, you need skilled reviewers to evaluate the material," stated one expert.
Controlling costs and improving budget predictability for e-discovery
While 61 percent of respondents reported familiarity with their total annual e-discovery spending, only one of the study's participants could provide a precise amount of annual e-discovery spend. As one expert noted, "We cannot identify the average cost per custodian minus outside counsel fees because the company does not require usage of billing codes that would provide additional visibility into that expense."
Managing international data privacy and foreign language challenges
Sixty-five percent of the study's participants reported recent handling of data privacy challenges arising from data in non-U.S. jurisdictions. "Understand what your international business posture might be, what the risks are, and have a plan in place about resources and steps you will take," advised one respondent.
"Even though each program is different, there are tried and true strategies that, when implemented, can signal an effective fitness regimen," said Ari Kaplan, legal consultant and Principal of
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