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Defensible Disposition

Disposal and Governance Management

Judge Scheindlin's Recent Pension Decision

Judge Scheindlin, in an 86 page opinion, imposed sanctions even though the "case did not present any egregious examples of litigants purposefully destroying evidence" because "the plaintiffs failed to timely institute written legal holds and engaged in careless and indifferent efforts after the duty to preserve arose."

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Excess Data Creates Excess Cost, Risk

Global enterprises face a tremendous challenge to meet growing legal and judicial expectations for preservation and retention. The volume of data is increasing by 50% per year making the legal burden greater than ever and increasing data management and discovery costs.

The Legal Department has hundreds to thousands of matters, each with gigabytes per custodian. Thousands of disparate, country-specific laws governing data privacy and retention add complexity and risk. Enterprises resort to "save everything" practices -- exacerbating discovery and data management costs without truly reducing legal risk.

The IT Department manages thousands of constantly changing servers and continuous employee departures. Without reliable and routine guidance on what data to manage under which protocol, IT ends up managing data with no business value; data management and information discovery costs escalate.

Lines of Business often have little visibility into legal obligations and impending legal costs. Litigation, finance and business executives often rely on inaccurate or unreliable forecasts for discovery costs that take weeks to prepare but provide a poor basis for budgeting or decision making.

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Related Links

Information Lifecycle Governance