E-discovery is integral to the enterprise

Having a stated retention policy that is reliably enforced is a critical aspect of e-discovery. “What regulators look for is whether an organization is consistent in how it manages documents,” says Karthik Kannan, senior director of product marketing for EMC SourceOne eDiscovery - Kazeon. “Although many organizations are reactive the first time they are faced with e-discovery, it’s also possible to plan for an infrastructure that sets you up to be prepared for it. Part of that is policy, and part is having the technology in place.”

That is where ECM, records management and e-discovery should come together. Companies need policies that allow them to identify what should be retained, and should destroy documents at the end of their retention cycle. The best way to save time in e-discovery is not to have unnecessary documents in the first place. However, the reality is that most enterprises have many documents outside the ECM system.

In situations where the company has not proactively prepared itself for e-discovery, the visibility provided by e-discovery can have an added benefit beyond the case at hand. “Once an organization sees what documents it has,” says Kosinski, “it can make better decisions about what to save and what to delete, as a matter of policy, in the future.”

Gartner’s Andrews agrees with the idea that e-discovery may have long-term benefits for a company’s document management process. “Sometimes an enterprise information management strategy actually begins with e-discovery,” he says. “You might have a terabyte of information and need to separate out the relevant information, and then need to review it all. It’s a great way for companies to recognize the issue and begin the process of culling the information they have collected over the last 20 years.” That awareness can catalyze an improved approach to managing documents throughout their life cycle.  

The changing role of outsourcing

Not every company has the resources for in-house e-discovery, and for that reason, some companies have traditionally sought outside litigation support. However, companies facing litigation have numerous options for bringing certain aspects of e-discovery in house. For example, they may invest in technology to support early stage efforts that reduce the volume of information requiring review and production. Litigation support companies are aware of the increasing prevalence and ease of use of e-discovery software. They are rethinking their roles and offering a spectrum of outsourced alternatives using a partnering approach.

Discovery Express

One longtime service provider, Daticon EED, had been supporting customers with its proprietary e-discovery product, Discovery Partner, for many years, but has just introduced a new product called Discovery Express based on commercial products. “When we were founded in 1987, no commercial products were available,” says Ken Sokol, director of client solutions for Daticon EED. “Now, numerous products are available, and a growing group of companies wants us to manage the technology and bring in our expertise to assist clients in using it directly.”

Hybrid approach

Going forward, Sokol envisions a hybrid model in which Daticon EED offers its subject matter expertise both in legal matters and in technology, and its customers take on a role in e-discovery that will depend on its knowledge and resources. “What’s important to remember,” cautions Sokol, “is that e-discovery is not a push-button function, and it’s not an IT function. It’s a legal process, and companies need to understand both the regulations and the underlying logic of e-discovery.”