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26 November 2009
Issue: 7395 / Categories: Legal News
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E-discovery challenge

In-house lawyers admit to being foxed when it comes to handling data for litigation or regulatory purposes.

Many corporate counsel consider their company policies and procedures to be unclear and unworkable, with less than one-fifth aware of the existence of policies for collecting and processing data.

Research by KPMG Forensic among more than 200 senior in-house lawyers across the world revealed significant concerns about handling data. 

Half of respondents were concerned about the legal department’s ability to find date and nearly two-fifths admitted it would be difficult to retrieve relevant data in the event of a regulatory investigation or major litigation.

Sixty per cent of respondents had concerns about costs, 56% worried about security issues, and a similar proportion were concerned about records management policies and data volumes.

Counsel felt most confident about dealing with employment and human resources matters and least equipped to cope with competition and
anti-trust investigations.

Communications between legal and IT departments was a major source of concern—more than one-fifth of legal departments were not consulted by IT about changes in storage capabilities, and one quarter are rarely or never consulted about new technologies for dealing with e-discovery.

Paul Tombleson, head of forensic technology at KPMG Forensic in the UK, said: “Companies have to deal with a mind-bogglingly large amount of data being generated every day, which not only has to be stored but made searchable and retrieveable in the future.

Issue: 7395 / Categories: Legal News
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MOVERS & SHAKERS

Laytons ETL—Maximilian Kraitt

Laytons ETL—Maximilian Kraitt

Commercial firm strengthens real estate disputes team with associate hire

Switalskis—three appointments

Switalskis—three appointments

Firm appoints three directors to board

Browne Jacobson—seven promotions

Browne Jacobson—seven promotions

Six promoted to partner and one to legal director across UK and Ireland offices

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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