Discovery Resources

The American College of Trial Lawyers and the Institute for the Advancement of the American Legal Systema legal have issued a report which calls for a complete overhaul of civil discovery rules to end costly and time-consuming demands for documents. The 30-page report contains proposals and general principles for overhauling the discovery rules used in both federal and state courts.  Download the report here.

This article from the January/February issue of Information Management Journal reviews the recent report by the American College of Trial Lawyers (ACTL) and the Institute for the Advancement of the American Legal System (IAALS), which found that 87% of the 1,400 lawyers who responded to their survey said e-discovery is too costly and is increasing litigation costs, causing cases to be settled on cost rather than merit. Continue reading

Kahn Consulting has recently released the results of a landmark study on the relationships between governance, risk management and compliance (GRC), electronic discovery, and records and information management (RIM).

Big surprise: Most employees have little understanding of their GRC, RIM, E-Discovery responsibilities.
Less than one quarter of organizations surveyed believe that their employees understand their GRC, RIM and E-Discovery responsibilities and how to fulfill them. Only 9% of employees have a good understanding of how GRC impacts them; only 15% understand their Legal Hold and E-Discovery responsibilities; and only 21% understand how information should be retained and disposed of. Although 67% of those surveyed state that employee training is “critical to their continue…

In its latest annual 2008 Litigation Trends Survey, the international law firm Fulbright & Jaworski L.L.P. predict a rise in corporate litigation.  “This year’s survey appears to mark an inflection point for American business, between the end of a prolonged period of prosperity and the start of a period of economic challenge that is likely to fuel litigation over who is to blame and who should pay for the consequences,” said Stephen C. Dillard, who chairs Fulbright’s global litigation practice. “Given that we were polling in-house counsel on the cusp of that transition, it’s no wonder that this year’s findings highlight both the evident calm before the storm, as well continue…

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