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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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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