E-Discovery Advisor Portal
E-Discovery and Legal Process Outsourcing: ESIM Process Design and Choices between Outsourcing vs. Insourcing
State and federal rules of civil procedure and emerging common law of the discovery process impose significant costs on businesses that are engaged in litigation. Pre-trial “discovery” serves to narrow the issues in dispute by forcing the disclosure of records, including electronically stored information (“ESI”) for judicial economy, to narrow the scope of disputed issues for adjudication (such as through motions for partial summary judgment, admissions and prior inconsistent statements), and to speed the actual trial process. E-discovery has become a daily challenge for the General Counsel, the CIO, the COO and the Risk Management Department. They face a choice of policies, procedures and technologies for insourcing (such as by using forensic software and employed staff) or outsourcing for electronic records discovery management. This article explores some of the differences between insourcing and outsourcing in terms of ESI records management, legal requirements for protection and production of electronic records, project management in forensic record examination, litigation readiness, knowledge management, risk management, ethics and legal compliance. It is divided into five sections:
I. E-Discovery as a sub-process of of Business Management
- Record and Information Management (“RIM”) Policies and ESI Management (“ESIM”).
- Legal Requirements for Protection and Production of E-Records.
- Project Management in Forensic Record Examination.
- Litigation-Readiness: Converting “Business as Usual” IT into Information Management Operations for E-discovery.
- Knowledge-Management Readiness: Managing and Protecting Corporate Knowledge.
II. Risk Management
- Risk of Spoliation by Employees and Contractors.
- Risk Management.
III. Business Models: Insourcing, Captives and Outsourcing
- Business Models for Insourcing.
- Relative Advantages of Insourcing.
- Relative Advantages of Outsourcing e-discovery.
- Offshoring Issues.
IV. Project Management
- Evaluation Process.
- Project Management Roles.
V. Business Models
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