Moving Toward a Smarter Way to Litigate

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Apr 08

Being smarter about how you manage Big Data at the far left end of the EDRM is finally gaining some steam.  After years of whispering about the importance of managing litigation in pre-litigation rather than when the lawsuit is at the front door, corporate clients are now taking more control over costs.  The changes proposed in the new Federal Rules of Civil Procedure will certainly motivate more corporate clients faced with frequent litigation to take pre-emptive action.  Cynthia Courtney for Inside Counsel wrote a six piece series that discusses how the proposed amendments will affect the early stages of discovery and how being prepared will alleviate early discovery costs.  The corporate battle will always be how to quantify the value of the dollars spent on pre-litigation readiness in order to justiy the cost to prepare.  In a recent blog post, Ralph Losey presents the full case for why spending budgetary dollars during non-litigation periods can ultimately provide companies with significant savings on down-the-road litigation costs.  Further bolstering this point is a recent survey completed by William Hubbard at the University of Chicago School of Law regarding the high costs of preservation.  Hubbard concludes that because courts typically allow the parties greater discretion when identifying discoverable documents, employers are placing broad litigaiton holds on their employees.  Thus, locking up massive amounts of data for long periods of time and ramping up storage costs.  Because of problems like these, the movement is finally afoot to a smarter, more efficient way of managing Big Data-- pre-litigation.