Digital White Papers

May 2013: Litigation and Practice Support

publication of the International Legal Technology Association

Issue link: https://epubs.iltanet.org/i/126361

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LEVERAGING BIG DATA FOR LITIGATION READINESS AND E-DISCOVERY SUCCESS Depending on a company's size and industry, data growth is typically between 40 to 80 percent per year. IT teams manage to keep up with data growth by continuously increasing content storage capacity. The data environment has become more complex as copies of user content are replicated and archived many times in order to ensure they are never lost. The result: The birth of big data. taught organizations a painful lesson. They have to spend significant time and resources identifying sensitive user data and collecting it to support active litigation. Just look at legacy backup tapes. Ten years ago, it was fairly easy to claim specific content was not renewed emphasis on records and information management strategies. The solution to this new regulatory compliance should be simple: wellmanaged legal hold archives, an information governance policy that includes defensible deletion parameters and cooperation from legal, IT and compliance. Without the ability to leverage knowledge The volume of data combined with the complexity of the typical corporate infrastructure has made attempts at gaining knowledge of data assets an impossible task. Archives once created to store specific data for such things as legal holds and documents required for compliance have become large, unstructured data repositories. Leading analysts find one percent of enterprise data typically have legal preservation requirements, five percent of what's on networks have regulatory archiving requirements, and up to 60 percent of unstructured data have no business or legal value. Instead, only 35 percent of network data are active and useful. THE LEGAL AND REGULATORY CLIMATE Over the past decade, e-discovery events have easily produced from tape; today this argument is less successful. Judges, opposing counsel and expert witnesses have all been educated on and have a better understanding of the corporate data environment, including email servers and backup tapes. It is a high-risk proposition to enter a court without the requested data; you could be admonished or even issued fines and sanctions. Beyond e-discovery, compliance and regulatory requirements have been increasing, resulting in about your data, carrying out an effective information governance solution is nearly impossible. LEVERAGING TECHNOLOGY To get the most comprehensive view into understanding what data exist for proactive litigation readiness and risk management, litigation teams are looking to data profiling for unstructured content. Along with being able to manage user files and email, data profiling enables information to be identified quickly for e-discovery events.

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