Amazingly, research indicates that the average U.S. company, at any given time, faces more than 300 lawsuits. A company's annual costs to produce documents in the discovery phase are estimated to be $2.5 million to $4 million per year for every billion dollars in sales, according to a survey by information governance researcher Cohasset Associates. Litigation-hold restrictions put on an IT department during discovery potentially can cripple an enterprise's workflow. In addition, companies are struggling with the fast turnaround required by the 2006 e-discovery amendments to Federal Rules of Civil Procedure and the sanctions that could take effect should they miss a court deadline.
The situation has become so problematic that legal groups fear that lawsuits are too often being settled out of court-not on the merits of the case, but because companies don't have the time, process, technology or money for e-discovery help.
Like Apple is fond of saying in its iPhone commercials: "There's an app for that!" Our primary source is Datskovsky of CA, senior vice president and general manager of the Information Governance business unit at CA.
Following are Datskovsky's suggestions of 10 best practices that organizations can follow to proactively prepare themselves for e-discovery and litigation.
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Source: eweek.com
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