Eleventh Hour spotted a rising trend that may soon impact Employment Termination/Disputes; Insurance Claims; Intellectual Property/Trade Disputes; Third Party Requests; Product Liability and other litigation practices. Legal organizations continue to search for new ways to further curb costs of ediscovery and combat exponential increase in information creation and replication.
Some legal organizations are beginning to examine reuse of matter-related data. This effort will impact legal, IT, records and litigation support.
Several key drivers pushing review of how to reuse information in multiple related matters:
- Average preservation life of legal hold data has increased to more than 2 years;
- 14% increase in matters with 500 to terabyte of data;
- By 2015, 20% of information will be touched by the cloud;
- Same custodians on legal hold in more than one matter; and
- Increased creation and replication of data across network systems (i.e., legacy data)
Objective is to Leverage Work Products from Similar Matters
For multi-matter eDiscovery and serial litigation the objective is to leverage work products from similar matters through analysis (e.g., key topics, critical players, specific vocabulary and jargon, and highly relevant documents, or common privilege and intellectual property intersections. This level of information management streamlines the review process with respect to repetitive coding relevance, privilege, intellectual property and confidentiality review. Production librarying offers systematic cataloging which in turn offers search across previously produced information, and also delivers greater quality control for related matters.
To achieve multi-matter efficiency legal organizations will need to refocus infrastructure and information management toward developing a central evidence repository that can classify, organize, search and maintain information for long periods of time. This infrastructure will need to be scale-able to accommodate inclusion of multi-related matters, and their various data sets – preservation, working copies, search sets, productions, and backups.
Challenges Ahead for CIO/Litigation Support to Formulate Team and Plan to Address Data ReUse for Serial or Multi-Matter Litigation
CIOs and Litigation Support will be required to assemble and charge a cross-disciplined team with the means to address (1) infrastructure; (2) information management; (3) processes; and (4) technologies to realize a central evidence repository capable of managing multi- related matters.
Eleventh Hour has recently participated in several presentations about serial and multi-matter information management, and is prepared to lead briefings with top CIOs on this rising trend. We have been working with clients for more than three years on developing central evidence repositories that streamline data organization by matter. Now data reuse in that matter management environment is ready to come of age in serial and multi-matter litigations.