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sandy ingram

Deloitte | E-Discovery: Mitigating Risk Through Better Communication | Deloitte Discove... - 0 views

  • The Deloitte Forensic Center’s analysis of the E-Discovery: Mitigating Risk Through Better Communication survey results1 identified three interrelated challenges. They are: Communication Awareness Readiness
  • At the heart of e-discovery are two corporate functions that historically have had little in common, and tend to speak their own technical languages: legal and IT
  • Neither can be truly effective in the e-discovery process without a clear understanding of the other, yet communication and coordination between these two departments appears to be unclear to many survey participants: More than one-third of respondents (36 percent) don’t know the answer to how their legal and IT departments communicate.
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  • Deficient communication and a lack of coordination between departments can lead to an organizational lack of awareness about e-discovery.
  • Awareness Issues
  • Communication Hurdles
  • According to the survey, more than one-third of respondents, including C-suite, (36 percent) don’t know how committed their company’s C-suite is to finding a solution for e-discovery issues.
  • Only 20 percent of respondents think legal resources are appropriately allocated to e-discovery
  • Many companies also lack the resources and sophistication to manage e-discovery effectively.
  • For respondents that say their firms are challenged by e-discovery, the most common complaints are: a lack of funds to address e-discovery requirements (25 percent
  • Of those respondents with an opinion, 62 percent say their company is concerned about e-discovery challenges posed by social media web sites and blogs
  • Given the extensive use today of social media such as Facebook and Twitter during employees’ work and personal time, this suggests an e-discovery challenge that may require attention by many companies.
  • Three Years from Now
  • E-discovery is anticipated to become harder: 44 percent of respondents expect e-discovery challenges, along with government rules and regulations, to increase over the coming three years
  • Mismanaged e-discovery has led to many tales of litigation woe, involving sanctions, lost cases and fines. Improper ESI management, as the Sedona Conference points out, is simply bad business.
  • Five Areas of Potential Improvement
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    "As the volume of electronically stored information (ESI) rises rapidly, improving the understanding among the C-suite, legal and IT functions is key to controlling costs and better managing e-discovery risks."
sandy ingram

Courts Says Employer's Lawsuit Against Ex-Employee Over Retention and Use of Twitter Ac... - 0 views

  • The takeaway is to have a written agreement that governs this issue!
  • PhoneDog said it suffered $340,000 in damages. The account had 17,000 followers, "which according to industry standards, are each valued at $2.50."
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