E-discovery is a relatively new concept that describes the process by which information is recovered from corporate networks, usually to answer the demands of regulators or the law. It is a subject close to the hearts of CEOs everywhere, given the stringent penalties and resulting brand damage that have been applied to companies unable to provide information on demand.
Like several other technology sectors that touch on governance, e-discovery has risen sharply in importance in the post-Enron business world and is quickly becoming a standard defence against the machinations of legal agencies, regulators and other information-hungry forces.
The e-discovery process is also fast becoming very familiar to many organisations. First, an external (or internal) demand for information comes in. It may be a serious matter such as information regarding stock-trading behaviour or something relatively trivial such as employees who have been fired asking for emails or performance evaluation reports relating to them to be disclosed. This demand triggers a chase to track down relevant information within an allotted period. Those who can provide timely information avoid penalties while those who can’t incur the risk of punishment and, potentially, bad press too.
Critical software for e-discovery includes: early-case assessment tools that help answer the initial question of whether there is a case to answer by providing a high-level overview of the situation; legal-hold tools that help firms meet their obligation to preserve all relevant information once a probe is instigated; archiving tools that preserve documents and email messages (and even video and audio); records and content management packages that offer searchable archives of information; and tools for creating policy-based approaches to the problem.
How big is the e-discovery issue? “Large and growing fast” would appear to be the short answer. Gartner predicts that the e-discovery software sector will be worth over $760m (£385m) this year, up from $524m (£266m) in 2007. In its July 2007 report The Emerging E-Discovery Market, Gartner analysts Debra Logan and John Bace wrote: “Changes to the Federal Rules of Civil Procedure, along with the ever-increasing reliance on electronic documentation in business, will have wide-ranging effects on the IT profession and IT vendors in 2007 and 2008. IT will be called on to account for elements of their infrastructure and the location of live and backup data as never before.”
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