In the summer of 2020, 56% of respondents viewed budgetary constraints as potentially having the greatest business impact on their business in the next six months. This percentage is the highest of all concerns represented in the survey and also is the highest rating for any business performance concern since the inception of the survey. This is also the eleventh time in nineteen surveys that the issue of budgetary constraints has been the top concern or tied for the top concern by survey respondents.
Given the relatively small number of Second Request opportunities when compared to the traditional opportunities for eDiscovery in support of audits, investigations, and litigation, claims of expertise and experience in this unique type of discovery may be difficult to assess without the context of the actual numbers of Second Requests made annually by the FTC and DOJ. Many providers may assert experience in conducting the tasks required in Second Requests. However, a significantly fewer number of providers may actually have experience in conducting those tasks as part of an actual Second Request case or matter.
From business confidence and operational metrics to data protection and privacy updates, the July 2020 edition of the Five Great Reads on eDiscovery newsletter provides a selection of recent research, reports, and articles to update and inform legal, business, and information technology professionals in the eDiscovery ecosystem.
The recently released 42nd Annual Hart-Scott-Rodino (HSR) Report shares a 10-year summary of HSR transactions reported, second requests issued, and early terminations granted by the agencies, as well as a detailed statistical profile of transactions reported during fiscal year 2019. Enacted by Congress in 1976, the HSR Act gives the federal government the opportunity to investigate and challenge mergers that are likely to harm consumers before injury occurs. The Commission vote to issue the report was 4-0-1.
According to the Court of Justice of the European Union press announcement, in the view of the Court, the limitations on the protection of personal data arising from the domestic law of the United States on the access and use by US public authorities of such data transferred from the European Union to that third country, which the Commission assessed in Decision 2016/1250, are not circumscribed in a way that satisfies requirements that are essentially equivalent to those required under EU law, by the principle of proportionality, in so far as the surveillance programmes based on those provisions are not limited to what is strictly necessary.
In the summer of 2020, 91 eDiscovery Business Confidence Survey participants chose to answer at least one of the optional business operational metric survey questions in the quarterly survey. 20.9% of survey respondents reported Days Sales Outstanding (DSO) as increasing in the summer of 2020. This is an incremental increase from the 19.3% reporting DSO as increasing in the spring of 2020 and is the highest percentage of respondents reporting DSO as increasing since the introduction of business operational metric questions to the eDiscovery Business Confidence Survey in the winter of 2019.
According to David Moran, XDD President, and COO, “As we continue to expand business operations nationwide, adding LightSpeed Legal to the XDD family further bolsters our physical presence in the DC market.”
This is the nineteenth quarterly eDiscovery Business Confidence Survey conducted by ComplexDiscovery. It is also the second time the survey has been conducted during the current pandemic. The current global coronavirus disease 2019 (COVID-19) pandemic continues to alter life as we know it. It also continues to alter the business landscape of everyone in the eDiscovery ecosystem. 2,189 individual responses have been received from legal, business, and technology professionals across the eDiscovery ecosystem since the inception of the survey in early 2016. 100 respondents shared their opinions as part of the summer 2020 survey.
The general view is that two years after it started to apply, the GDPR has successfully met its objectives of strengthening the protection of the individual’s right to personal data protection and guaranteeing the free flow of personal data within the EU. However, a number of areas for future improvement have also been identified.
From a macro perspective, connecting the dots in eDiscovery is to simply draw logical inferences from connecting items of information to reveal something previously hidden or unknown. The provided non-comprehensive graphical depiction may be helpful in considering and connecting the dots during planning, forecasting, and sharing activities regarding the discipline of eDiscovery.