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Companies Still Struggling to Find Way on E-Discovery

January 2, 2008

Companies Still Struggling to Find Way on E-Discovery

New York Law Journal, December 21, 2007

Similar to the eWeek post above, this article reiterates the lack of e-discovery compliance. According to H. Christopher Boehning of Paul, Weiss, Rifkind, Wharton & Garrison, cases today are commonly being dismissed or companies heavily sanctioned based on the loss of electronic evidence.

As discussed in this article, “the short-term burdens of complying [with the e-discovery amendments to the Federal Rules of Civil Procedure] are reflected in several recent surveys. Some of the findings:

  • Almost 55 percent of the 140 in-house counsel surveyed by the e-discovery consultant Lexakos said their companies needed to spend more time developing e-discovery and litigation readiness plans.
  • Fifty two percent of these same respondents agreed that they had to improve their litigation hold procedures, which require companies to preserve all data that may relate to a legal action involving the company. And almost half expressed the need to develop a process to segregate privileged communications and thus avoid high document review costs.
  • Of the 76 people surveyed by Lexis Nexis at the Association of Corporate Counsel’s annual meeting, 44 percent said that their companies had not been prepared for the new rules. Although 61 percent said they were now very or somewhat confident that they were fully compliant, 30 percent still said that they were not very confident and 5 percent not at all confident.
  • Twenty seven percent of respondents to a litigation trends survey released earlier this year by Fulbright & Jaworski said that the rules have made handling of e-discovery issues in federal litigation more difficult. Eighteen percent said they have made the process at least somewhat easier. The remainder detected no change.”
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