Managing Electronic Data for Litigation and Regulatory Readiness

Managing Electronic Data for Litigation Readiness

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In an environment of continuing growth in litigation worldwide, and the expansion of business regulation and enforcement actions globally, it is essential that companies are adequately prepared to respond to requests for the disclosure of electronic data. In the absence of appropriate systems, processes and controls, companies run the risk of fines, heavy litigation costs and damage to their reputation.

At the same time, managing eDiscovery is becoming ever more challenging due to the increasing volume and complexity of data and systems. Meeting obligations to respond to data requests is becoming increasingly difficult, representing greater risks and costs.

The 2015 KPMG Forensic global survey of general counsel, compliance and risk officers shows that, although more than 70 percent of respondents have processes and systems in place to manage litigation and regulatory requests, there remain several opportunities for improvement that would help companies execute eDiscovery in a more efficient and cost-effective manner. The key findings of the latest survey highlight the need for proactive engagement by legal, compliance and risk departments to shape their strategy early in order to achieve the best outcomes for their business.

The key themes/issues from our 2015 survey are:

  1. Cost of eDiscovery: Although cost is a significant concern for the majority of respondents, there is no clear sign that many companies have a strategy in place to address the issue.
  2. Manual document review and the application of technology assisted review: The review of documents remains one of the largest cost elements in any eDiscovery matter, yet the adoption and effective application of technology assisted review and other technology-based tools continues to lag. The use of technology assisted review is seen as an additional cost, rather than a means of cost saving.
  3. Internal versus external capability: Many services provided by external vendors are viewed as expensive, yet many corporations do not necessarily have the skills or tools internally to manage the eDiscovery cycle.

For more information, download the full report below.

The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavor to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation.

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