Litigation Readiness: A Practical Approach to Electronic Discovery

Overview


Industry studies indicate that corporations in the United States spend almost $4-5 billion annually taking electronically stored information (ESI) from its source and producing it for a requesting party. The cost to review this information for privilege/responsiveness prior to production is estimated to be another $30 billion. Traditional solutions to these problems have ranged from knee-jerk (and expensive) purchases and implementation of software and hardware for managing discovery, to abdicating ...
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Litigation Readiness: A Practical Approach to Electronic Discovery

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Overview


Industry studies indicate that corporations in the United States spend almost $4-5 billion annually taking electronically stored information (ESI) from its source and producing it for a requesting party. The cost to review this information for privilege/responsiveness prior to production is estimated to be another $30 billion. Traditional solutions to these problems have ranged from knee-jerk (and expensive) purchases and implementation of software and hardware for managing discovery, to abdicating responsibility for the process to law firms, to half-hearted attempts at managing the process with capacity-constrained in-house legal, IT and records management resources.

The failure of these approaches has led to a growing recognition that corporations should approach "the inevitable" (i.e., litigation & discovery) with a proactive and organized approach, which is known as "litigation readiness." This phrase was first introduced to the market in 2004 by Prashant Dubey, one of the authors of this book in the form of an executive primer book entitled: Litigation Readiness: Mastering the Inevitable. Seven years hence, the co-authors have authored a book based on years of learning derived from helping dozens of corporations achieve a higher level of litigation readiness in the face of an every growing electronically stored information ecosystem. Litigation Readiness: A Practical Approach to Electronic Discovery is a strategic guide to litigation readiness, or how a corporation can establish and embed a business process for responding to discovery when compelled to produce ESI.

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Editorial Reviews

From the Publisher

"This book couldn't be better timed. eDiscovery has been subjected to much frenzy resulting in large and often haphazard corporate expenditure. Prashant Dubey and Sam Panarella are experienced practitioners who rightly stress that a successful eDiscovery program is as much about human dynamics and change management as it is about navigating the intersection of technology, law, and business. Litigation Readiness is a must-read for any practitioner in the eDiscovery trenches as well as any executive charged with leading a corporate eDiscovery program."
--Ronke Ekwensi, Vice President eDiscovery, Pfizer Inc.

"This is an extremely useful guide for in-house counsel who want to proactively address the considerable challenges and risks associated with responding to eDiscovery requests in an age where effective information management is increasingly difficult and complex. The authors' approach to the topic is both interesting and informative, and their extensive experience in helping businesses develop effective processes to manage these risks is clearly apparent. Much of their guidance is also germane to addressing other legal and compliance risks faced by businesses."
--Eva Kripalani, Legal and Business Consulting Services, Former Executive Vice President and General Counsel, Knowledge Learning Corporation

"In-house law departments have long understood the need to make eDiscovery less expensive, more efficient, and more compliant. The efforts, led largely by lawyers and IT specialists, have been monumental and costly, but the results have been mediocre at best. Bringing their years of experience to bear, Prashant Dubey and Sam Panarella recognize eDiscovery for what it really is -- a BUSINESS issue, not a legal or IT one. They approach it by applying proven business methods, and innovative, practical solutions. Litigation Readiness is a fabulous tool and a must-read for anyone trying to tackle the monster called eDISCOVERY."
--Thomas Sabatino, Former Executive Vice President and General Counsel, Schering-Plough Corporation

"The book is an excellent resource and should be added to most legal information collections, particularly those in private law practices. It is a must-have for libraries in firms with corporate clients or for any library supporting corporate counsel, and it is a valuable resource for academic law libraries as well, particularly given the increased emphasis on practice-oriented classes in the law school curriculum."
--Christine I. Hepler, Law Library Journal

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Product Details

  • ISBN-13: 9780195384079
  • Publisher: Oxford University Press, USA
  • Publication date: 3/30/2011
  • Pages: 160
  • Product dimensions: 5.90 (w) x 9.10 (h) x 0.60 (d)

Meet the Author

Prashant Dubey is CEO of The Sumati Group. Previously, he was CEO and co-founder of The Knott Group. Prashant has been a senior operating executive at public and private corporations, such as Baxter International, Fios, ABC Technologies, Tripwire and Covansys, taking many of them to and through successful exits that have yielded high returns for investors. He introduced the concept of Litigation Readiness to the market in 2003 and has authored dozens of articles on the subject. He holds a BA in Economics from the University of Chicago and an MBA in Strategy from the University of Chicago, Booth School of Business.

Sam Panarella is the CEO of Crux Consulting. Previously he was President of The Knott Group. Before cofounding The Knott Group, he was a partner at Stoel Rives, LLP and was a judicial clerk for Otto Skopil on the United States 9th Circuit Court of Appeals.

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Table of Contents

Forward Letting Go of the Myths

Introduction

Chapter One A Framework for Litigation Readiness

Chapter Two A Business Process for Litigation Readiness

Chapter Three Assessment, Part I: The Fabric of Introspection

Chapter Four Assessment, Part II: Internalizing Introspection - Metrics, gaps and assimilation

Chapter Five Process of Planning Precedes Permanence of Plan - aka Change Management

Chapter Six The Litigation Response Process/Plan

Chapter Seven Establishing a Litigation Response Team

Chapter Eight Implementation of the Litigation Readiness Program

Chapter Nine Embedding the program

Chapter Ten Litigation Readiness: Gateway to Information Governance Nirvana

Index

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