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【RCP】[fs01gm]【RCPnewlife】【マラソン201312_送料無料】

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【RCP】[fs01gm]【RCPnewlife】【マラソン201312_送料無料】
Escalating eDiscovery Costs?
The Case for Using Managed Services
to Combat Three Root Causes
What do social media,
Moore’s Law and the
FRCP have in common?
They’re sending eDiscovery
costs through the roof.
Here’s why:
1
Individuals now use social networking
sites like Facebook and Twitter significantly more than email (22.7 percent vs.
8.3 percent). In fact, from June 2009 to
June 2010, individuals increased their use
of social networking by 43 percent. While
litigators know they must include social
media as a reviewable form of electronically
stored information (ESI), the courts have
not provided consistent guidelines on
the preservation, privacy issues and
admissibility of social networking data.
In addition, with no clear social media
privacy guidelines from the courts,
eDiscovery practices are inconsistent from
one law firm to another, which increases
costs and turn time.
2
According to Moore’s Law, data
processing speed and memory capacity
will continue to double every year, as has
been the case for the last 50 years. This
explosive growth enables a concurrent
increase in data – in both size (we now
produce the same amount of data in two
days as was created by mankind from
the beginning of recorded history until
2003) and type (i.e., Sharepoint, wikis
and cloud computing did not exist just a
few years ago). Dealing with this massive
data growth is driving exponentially higher
litigation costs and risks.
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3
Major amendments to the Federal Rules
of Civil Procedure (FRCP) were made
more than four years ago when ESI joined
the list of discoverable material. Yet many
litigants and most judges are still unsure
about how to apply the rules to their case.
To make up for the confusion, attorneys tend
to exaggerate efforts by preserving and
reviewing more ESI for more custodians
than is necessary or cost effective. Amended
rules that were intended to create standards
and drive efficiency have, in most cases,
done the opposite.
In 2009 alone, 46 sanction
awards were ordered for violating
discovery requests – a 920
percent increase in sanction awards
over the previous year.
Social media, Moore’s Law and the FRCP
Amendment aftermath make eDiscovery
costs and required resources difficult to
estimate and control. Plus, without the staff
and technology in place to mitigate risk,
the ever-changing legal landscape works
against litigants. In fact, corporations and
law firms may receive severe sanctions
if they fail to delegate eDiscovery to
appropriate legal counsel. In 2009 alone, 46
sanction awards were ordered for violating
discovery requests – a 920 percent increase
in sanction awards over the previous year.
One proven way to reduce cost and risk is
to use an eDiscovery managed service.
eDiscovery Managed Services
Achieve Better Predictability and ROI
The legal industry has witnessed an
avalanche of new software tools and platforms intended to improve productivity and
reduce costs by reducing the volume of data
and documents for human review. Gartner
estimates the eDiscovery software industry
at close to $1 billion, and growing fast.
While software tools have matured, without
the process, people and infrastructure to
support new technology, eDiscovery can
only get more complicated. For instance,
the direct and indirect costs associated
with running new software are often grossly
underestimated, especially because selecting
and implementing tools, building workflow,
and managing and training personnel on new
platforms are not core competencies of most
enterprises and law firms.
With the opportunity for efficient technology
comes the challenge of driving value from
software such as Clearwell or Relativity.
Unfortunately, many corporations and law
firms move forward with an internal software
purchase before ensuring the solution can
address their future legal matters as well as
their current ones. This results in software
that is not effectively deployed, wasting
valuable time and money. Failure to plan
for potential eDiscovery tasks significantly
increases risks and costs for enterprises, at
both the legal and IT levels.
A managed services provider can
deliver proven processes and
methodologies, enterpirse-class
technology, infrastructure and a
fixed-price approach to reduce
average client eDiscovery costs
by 50 percent.
One solution to achieve a better return on
investment (ROI) and improve efficiency is
to partner with an eDiscovery managed
discovia.com | ©Discovia 2013
services provider instead of building the
function in-house. A managed services
provider can deliver proven processes and
methodologies, enterprise-class technology,
infrastructure and a fixed-price approach to
reduce average client eDiscovery costs by
50 percent.
The results are dramatic cost savings,
increased visibility, control and better
defensibility. In essence, corporations
and law firms need a “virtual eDiscovery
function.”
Five Important Considerations
for Selecting an eDiscovery
Partner
Managed Services: Repeatability in
an Unpredictable Industry
When considering in-house discovery,
it’s impractical to build true end-to-end
capability with a limited number of people
dedicated to the cause – not to mention the
costs associated with switching platforms
if the original technology fails. The lack of
ownership and investment “cap” from
sponsors is another deterrent when
insourcing eDiscovery. Partnering with more
than one service provider is also generally
suboptimal. The process and communication integration required for truly efficient
eDiscovery management simply can not be
attained with multiple providers.
Rather than try to achieve an unattainable
level of organizational commitment or partner
with multiple providers, corporations and
law firms are more likely to drive down cost
and mitigate risk when using a repeatable,
fixed-price model from a proven eDiscovery
provider.
Several Fortune 500 corporations and
AmLaw 250 firms have realized an average
cost savings of 50 percent and overall
improvement in efficiency with Discovia’s
managed eDiscovery services. For example:
1Expertise - Does your service provider
have expert eDiscovery practice leaders
and consultants and a proven
track record?
• A Fortune 500 Corporation came to
Discovia after they invested hundreds of
thousands of dollars in a software tool
they didn’t have the people, process or
infrastructure to support.
• A Fortune 100 Corporation had neither the
budget nor the infrastructure to build the
function internally, but wanted an efficient
eDiscovery process in place.
• A senior attorney on a high-profile case
wanted to counter the extreme inefficiencies of his AmLaw 100 Firm’s software.
2Methodology – Is there a methodology to
provide a repeatable, scalable process that
provides for efficiency and defensibility?
3Innovative, Enterprise Class Technology
– Does the managed service provider have
deep relationships with enterprise-class
software providers, stay on top of emerging technology and trends, and leverage
technology to its full potential?
4Infrastructure – Will your eDiscovery partner host your data in a secure
enterprise-class infrastructure with SAS
70 compliance and disaster recovery?
5References – Does the partner have references and case studies with quantifiable
cost and return-on-investment figures?
About Discovia:
Discovia is the first eDiscovery service provider to deliver a fixed-price managed service that
enables Fortune 500 corporate legal departments and law firms to gain a worldclass eDiscovery
function without building it. The outcome – dramatically reduced litigation costs (over 50%),
better control and visibility, and defensible results. Discovia’s clients include Oracle, T-Mobile,
and Yahoo! as well as more than 100 AmLaw 250 law firms. Founded in 1998, Discovia is a
privately held company based in San Francisco.
100 California Street, Suite 800 San Francisco, CA 94111 p415.392.2900 f415.392.2902 discovia.com
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©Discovia 2013
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