Survey Shows One in Five Businesses Have Settled a Lawsuit to Avoid the Cost of Recovering and Searching Through Email

Nov 30, 2007

Asthe one-year anniversary of the amended Federal Rules of Civil Procedure (FRCP)approaches on December 1, a survey of professionals directly involved in legaldiscovery shows that a significant number of businesses have been negativelyimpacted by the challenges of e-discovery. In fact, one-fifth of theprofessionals say their business has settled a lawsuit to avoid the cost ofrecovering and searching through electronic documents such as email. Thesurvey, conducted by iTracks for Fortiva, a leading on-demand email archivingprovider, also showed that a majority of businesses are now actively takingsteps to reduce risk and meet FRCP requirements by improving their e-discoveryprocesses. Based on the results, nearly half (47 percent) of respondents do notagree that their legal team can effectively review relevant email in the 99-daywindow before the meet and confer session. To address this, 51 percent say theyhave implemented, or are planning to implement technology that allows them toeasily search and review email. Similarly, more than one-third of businesses(36.7 percent) are already enforcing a formal retention policy for email, whileanother 40 percent are currently in the planning stage to enforce a formalpolicy.