As companies prepare for 2012 and CIOs think of ways to use technology and avoid e-discovery issues and problems, following the mantra “mind your P’s and Q’s”—proactive, preservation, process, proportionality and questions— can yield significant benefits.
Proactive. Companies are struggling to manage the increasing demands of preservation for three reasons: volume, costs and risk of sanctions. By all accounts, traditional reactive approaches to e-discovery are not working. For many companies and lawyers, it is the lack of understanding of the rules, data and technology that leads to an inability to meaningfully discuss proportionality in the area of preservation. For example, cloud computing has become very popular, but that doesn’t mean that your company should jump to the cloud just because a competitor did. Be proactive but also be careful. It might just turn out that the risk/benefit analysis for your company’s data does not warrant the jump.