Ride the Lightning

COMPANIES CRY “UNCLE!” : THE HIGH PRICE OF ED

November 28, 2007

It comes as no surprise to anyone that electronic discovery is expensive. Still, it is interesting that a recent survey found that one in five companies has chosen to abandon litigation because the cost of recovering and reviewing electronic evidence was deemed prohibitive. The survey, conducted by iTracks for Fortiva, an on-demand e-mail archiving provider, also reported that a majority of businesses are making an effort to limit electronic discovery risks and to improve their litigation readiness practices. For those who hunger for statistics as much as I do, the article is full of them. There certainly is a warning here for businesses that are taking the ostrich head-in-sand approach to their electronic data – if you don’t prepare adequately for ESI discovery in litigation, the sheer economics of the situation may force you to belly up and settle, irrespective of the merits of your case. The article may be found at  http://technology.findlaw.com/articles/01179/011040.html

The ostrich, by the way, is much maligned. Does it ever bury its head in the sand? Scientists say no – this is another populist myth. This factoid comes to you from the woman annointed by her daughters as the Queen of Useless Knowledge, a title in which I take great pride.

E-mail:      Phone: 703-359-0700