Integrated systems approach reduces the cost of e-discovery

November 18, 2009 | Leave a Comment

I had a follow-on discussion with Mark L. Moerdler, Ph.D, VP of Strategy for CA’s Information Governance business unit, on how a system integrating records information management (RIM) and e-discovery capabilities can lessen e-discovery costs.

Dr. Moerdler pointed out four ways in which CA’s Records Manager cuts e-discovery expenses:

1) The implementation of a retention schedule permits the enterprise to focus on legal, regulatory and business needs for information, and define the total lifecycle, from origin to disposition, of the company’s information. A retention schedule is the only legal way in which a company can destroy information no longer needed. In Andersen v. U.S., 544 U.S. 696, 704 (2005), the Supreme Court stated that “[i]t is, of course, not wrongful for a manager to instruct his employees to comply with a valid document retention policy under ordinary circumstances.” By getting rid of useless information, the cost of collection and reviewing information for lawsuits is decreased.

Retention management can be applied to not only the documents of record but also the non-records ROT (Redundant, Outdated or Transitory) documents and emails. This systematic cleanup of non-records in accordance with the organization’s retention schedule, which can not be extended to non-records, decreases the overall quantity of documents that enter the discovery process while meeting the organization’s compliance requirements.

2) A RIM system such as Records Manager gathers metadata and indexes both records and non-records as that information is created. Those metadata and indicies are ready for use by Records Manager’s e-discovery module when a discovery request is received. Valuable time and resources are saved in several ways: a) There is no need to index the data again, as occurs in many e-discovery systems, as the existing indicies and metadata are used to locate responsive information; and b) The system can identify redundant information existing in different repositories, avoiding the costly collection, handling and review of duplicates.

3) Records Manager’s indicies are utilized across both structured and unstructured data repositories. Many e-discovery systems cannot integrate structured databases with the unstructured data found in such places as network file shares, SharePoint repositories and e-mail systems. Again, e-discovery response time is reduced where all enterprise information can be handled in a systematic, consistent manner.

4) Information collected during the e-discovery process is not lost after the case is over. Records Manager preserves this information, so that a privileged record in one case can be quickly identified as privileged again without re-reviewing the information in a later case. Tags added to information for discovery purposes stay with the records, thus possibly decreasing review time in subsequent cases. Accuracy of the system is enhanced where review of information during the e-discovery process may lead to reclassification of information from non-records to records.

One of the biggest risks in electronic discovery is in the failure to preserve relevant information. CA’s Records Manager can enhance this process by reaching into repositories to preserve the information at the moment of identification or collection.

Integrated systems often allow economies of scale by applying consistent processes across the organization. Such application can not only reduce the cost, but enhance the accuracy of the e-discovery process.

Share and Enjoy: