In the May issue of InsideCounsel, Kayleigh Roberts and Ashley Trent wrote an excellent article titled “Keeping Up With Evolving E-Discovery.” The article referenced an array of “how-to” tactics and best practices for bringing electronic discovery in-house. However, before corporations jump into the “hows” of e-discovery, they should first focus on the ”whys”—meaning, why bring electronic discovery in-house in the first place? For many serial litigants or companies in regulated verticals, taking e-discovery in-house is a fait accompli. But for many other enterprises, a bit of soul-searching will be useful before embarking upon the insourcing journey. In the event that the “why” isn’t well-defined before evaluating products and vendors, the resulting process may ultimately be a futile effort as diverging interests surface at inopportune times.
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