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06 November 2008
Issue: 7344 / Categories: Opinion , In-House , E-disclosure
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Under scrutiny

Tracey Stretton explains why the UK needs to sharpen its approach to ESI

The risk of litigation and the corresponding cost of electronic disclosure do not diminish in a downward economy and no company, large or small, is exempt from litigation or from the increasingly complex conundrum known as electronically stored information (ESI) disclosure.

Research commissioned by Kroll Ontrack finds that there has been a vast growth in ESI awareness and policy enactment over the past 12 months. This demonstrates that high profile sanctions cases and education regarding ESI have been a wake up call to corporations and their legal teams. However, many companies are failing to appreciate the legal and logistical issues involved in responding to requests for often sensitive information from regulatory bodies and ensuring that they can provide details of anything that qualifies as electronic information.

Our study found that while 70% of US companies have policies in place to deal with ESI in a litigation process (compared with 40% in 2007), only 53% (compared with 43% in 2007) of those in the

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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