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The first article in this edition of Discussions stresses attorneys’ obligations to be technologically up-to-date, as uninformed keyword search blunders drain the pocketbook of clients and the patience of judges. Fortunately, the field of e-discovery is ripe with opportunity for those attorneys who know - or are willing to learn - how to gain competitive advantage through smart application of technology.
While getting a grasp on the technology is essential, planning the e-discovery process is just as crucial in avoiding costly litigation obstacles. The second article offers some helpful tips to litigants, attorneys, and IT experts on handling the ever-growing deluge of ESI (electronically stored information) faced by corporations. So how does one construct a data management strategy that serves the purpose of both preventing and reacting to litigation? Follow the “Three P’s”—policies, protocols, and preservation! Naturally, building the ideal GRC structure right out the gate can seem a bit impractical. The second article sketches out five obstacles that a company can face in the process of creating a stable GRC foundation. These "roadblocks" include the task of assigning responsibility for GRC and encouraging an understanding of compliance language and processes within the IT department. Avoiding these roadblocks can lead to a successful and sustainable GRC program within your company. Understanding e-discovery technology and designing a game plan have far-reaching benefits in a corporation. For example, a critical element in the post-integration success of mergers and acquisitions is pre-M&A data due diligence. Our third article summarizes an e-discovery checklist to ensure that a company is thoroughly aware of the state of its ESI, the existence of litigation or regulatory holds, the preservation of electronic evidence, and management policies for structured or unstructured data to lower risk of post-integration failure and safeguard against regulatory penalties. 
Inspector Clouseau and the Insights of Judge Facciola and Malcolm Gladwell Suggest a Bright Future for e-Discovery Lawyers
By Ralph Losey
The fundamental problem facing the legal profession today is the search for truth and justice in a digital world. A world where the complexity and volume of electronic information is overwhelming and leaves most lawyers looking like Inspector Clouseau. Read more of this posting at http://cataphora.com/out.php?go=idegm Minding the Three P's of E-Discovery
By Robert D. Brownstone and Juleen Konkel
The electronic discovery process entails many hazards that can cause clients and practitioners to wipe out rather than ride safely to shore. The 2006 amendments to the Federal Rules of Civil Procedure were intended to provide guidance to parties navigating e-discovery. In reality, judges, litigants, lawyers and technologists are still struggling to frame the discovery boundaries of a vast, ever-expanding world of electronically stored information. Thus, every organization must, to a degree, craft its proactive day-to-day information-management strategy and its reactive litigation approach from an e-discovery standpoint. More at Law.com http://cataphora.com/out.php?go=fowx3 Digital issues in M&A
By Daniel B. Garrie, Yoav M. Griver, Anthony I. Giacobbe Jr., and William M. O'connor
One of the persistent puzzles surrounding mergers and acquisitions activity is its propensity for failure. In theory, a merger or acquisition adds value in multiple ways. Yet, between 50% and 80% are failures. One largely unexamined but important determinant of post-integration success is data due diligence. With the now widespread use and storage of electronic data, data due diligence should play a critical role in pre-M&A due diligence. The rest of this article is at http://www.thedeal.com/newsweekly/community/digital-issues-in-m&a.php |