Shows Impact of Process and Software on Reducing Risk and Cost
CGOC, a practitioners’ forum focused on
records retention and preservation practices, and Huron Consulting Group
(NASDAQ: HURN), a leading provider of financial and operational
consulting services, today released the results of a first-of-its-kind
survey on legal holds and e-discovery practices of Global 1000 companies.
The survey entitled Benchmark Survey on Prevailing Practices for
Legal Holds in Global 1000 Companies focused on corporate practices
for preserving information in litigation, identifying custodians of
data, communicating legal holds, interviewing custodians, and collecting
potentially relevant data. The companies surveyed had annual revenue
ranging from $5 billion to more than $150 billion, and were in the
biotechnology, chemical, energy, financial services, insurance,
manufacturing, pharmaceutical, and high tech sectors. The findings
highlight the changes in processes and technology within these companies
and the methodologies used to issue legal holds, manage preservation,
and conduct e-discovery.
“Increasingly, the vast majority of
e-discovery risk can be linked to the legal holds process,”
said Jim Mitchell, managing director, Huron Consulting Group. “Corporations
and their law departments continue to work to mitigate risk and reduce
costs while at the same time they must manage their data effectively and
accurately. Difficulties in preservation continue to increase due to the
diversity, ever-increasing volume, and scrutiny of data. Corporations
are telling us they can’t afford not to
address this process.”
Given key legal decisions in recent years and the amendment of Federal
Rules of Civil Procedure for electronic discovery, companies have
increasingly formalized their legal holds process and are more routinely
and consistently issuing legal holds as new matters arise. This increase
has led to a rapid growth in the number of open legal holds and a
significant impact on corporate data management practices corresponding
to the number of legal matters companies have –
these holds involve substantial detail about the individuals and systems
with potentially relevant information that must be tracked and actively
managed, often over matter lifecycles of five or more years. A majority
of companies surveyed reported an average of 980 new matters initiated
each year, with approximately 5100 open matters at any given time across
all industries.