It’s clear: companies can no longer afford to deal with eDiscovery issues on a case-by-case basis.
It’s simply too expensive to try and scramble to locate and organize eDiscovery evidence, and worse, it’s too risky. The consequences of failing to adequately respond to eDiscovery requests are severe. A scan of recent court rulings, of sanctions, fines, and ticked off judges, supplies more than enough evidence for that argument.
So what’s the solution? According to a Forbes report (by way of messagingarchitects.com), the smart approach is to see eDiscovery as part of the business process; and not as a project that is given resources and attention on an on-demand basis.
In other words, eDiscovery must be seated at the corporate grown-ups table, alongside legal, risk, IR, HR, compliance and the other mainstays of business ops. It must be viewed as an operational function – not as a project. And while this may sound a bit daunting (and expensive), Forbes urges companies to see it as an opportunity to exploit.
“The opportunity is to transform a corporation’s eDiscovery approach from a tactical fire-fighting design to a strategic business application that eliminates massive cost and risk,” Forbes advised.
Part of this transformation, Forbes argues, involves changing the way employees understand how their role impacts, or is governed, by eDiscovery regulations and requirements. So that means everyone from front desk personnel to shipping clerks to c-level marketing executives – and everyone else — must be informed of where they fit into the eDiscovery Circle of Life.
And make no mistake: integrating eDiscovery into business operations is not optional; according to Forbes, it’s mandatory.
“Taking these steps to accurately understand the eDiscovery icebergs lurking below the water line, organizations can safely navigate their way and avoid becoming that next litigation headline – and financial nightmare,” Forbes warned.