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This report has findings on the demographics, processes, common pain points, and risks associated with legal holds, data preservation, and data collection.Read More
The Benchmark Survey is the industry's most extensive survey series focused on legal data preservation and collections practices. Building on the 2013, 2014 and 2015 studies, over 600 professionals dealing directly with litigation hold management participated.
Some key findings include:
- A strong response showing vast majority of automated users feel "confident," or "very confident," compared with 59% of manual users -- a huge 26% difference.
- Respondents using automated systems trust custodian compliance at 76% versus just 56%, more than double the spread from 2015 which was 9.8%.
- In looking at a "culture of compliance," 69% of survey respondents said they conduct some form of training for employees. This is down from 2015's 75% but on the average for the three years this question has been part of the survey.
- When looking at intention to upgrade, manual users at 60% more likely to express a desire to do so compared to automated users. The gap closed slightly from 2015 which saw this at 67%.
A blueprint for becoming the best-run business unit in the organization.Read More
Without a doubt, the scope for in-house legal departments' responsibilities has expanded greatly in recent years. General counsels are asked to advise on subjects that spread beyond pure legal analysis, providing an opportunity for in-house lawyers to use business judgment as well as legal knowledge.
Implementing the 10 steps highlighted in this white paper will create tangible results through improved efficiency, enhanced productivity, and increased business value for the entire organization.
A 6-step Health Check for your Organization's Data Privacy Program.Read More
This white paper provides companies with an easy-to-follow Data Privacy Health Check Assessment that will allow them to meet the upcoming regulatory changes. The Data Privacy Health Check Assessment consists of six objectives that, if followed, will ensure your organization is set up for success when the new regulations go into effect.
Inside 1 Terabyte Per Hour: Building a high-performance pipeline for heterogeneous data processing in AWS.Read More
In February 2016, we announced that our data processing software Digital Discovery Pro had exceeded the processing rate of one terabyte per hour - which exceeded known performance by than 20x.
The development team worked closely with AWS architects to achieve this rate by exploiting the AWS platform to bring to bear the compute power necessary to achieve these rates and solve a significant pain point in the legal industry.
This technical paper provides an overview of the following:
- Market need for improved processing
- Phases of data processing for legal
- Challenges for improving processing speed
- Methodology for measuring processing performance
As we reflect on cases of 2015, we continue to see the courts analyzing them for spoliation with a high bar to determine if awarding sanctions is appropriate.Read More
The standards set forth in proposed changes to Rule 37(e) require that in order to impose an adverse inference, spoliation must have (i) caused substantial prejudice in the litigation and the result of willfulness or bad faith; or (ii) irreparably deprived a party of any meaningful opportunity to present or defend against the claims in the litigation.
Download to learn more about these most recent preservation cases:
- United States ex rel Guardiola v. Renown Health
- New Orleans Reg'l Physician Hosp. Org., Inc. v. United States
- Grove City Veterinary Serv., LLC, V. Charter Practices Int'l, LLC
- HM Elecs. v. R.F. Techs., Inc.
- NuVasive, Inc. v. Madsen Med., Inc.
- Burd v. Ford Motor Co.