From business confidence and captive ALSPs to digital republics and mass surveillance, the October 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.
In the fall of 2020, 77.2% of eDiscovery Business Confidence Survey respondents felt the current business conditions are good or normal. This combined confidence level represents a 1.1% increase in these same feelings when compared to the summer of 2020 where 76.0% felt the conditions were good or normal. Additionally, exactly 38.6% of survey respondents characterized the current business climate as good. This represents a decrease from 40.0% of respondents who viewed the business climate as good in the summer of 2020. This decrease from the summer of 2020 may represent a cautious concern in the current general business climate for eDiscovery.
According to the media release, DISCO will use this investment to aggressively expand its go-to-market team, doubling sales capacity in North America over the next 12-15 months, expanding its dedicated enterprise sales team, and growing its presence in the EMEA and APAC regions. The company highlighted that it will also expand its strategic channel program, working with service providers who resell DISCO, including a growing number of the largest global service providers. DISCO will continue to invest in its cloud technology platform, software products like DISCO Ediscovery and DISCO Case Builder, and productized legal services like its fast-growing AI-powered DISCO Managed Review offering.
In the fall of 2020, 49.4% 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 third-highest rating for any business performance concern since the inception of the survey. This is also the twelfth time in twenty surveys that the issue of budgetary constraints has been the top concern or tied for the top concern by survey respondents.
As harsh as it sounds, every departing employee poses a risk to your business if the transition is not correctly managed and documented. This risk ranges from inadvertent access to sensitive company information as basic as internal organizational charts to deliberate efforts to acquire and use economically essential customer lists and contracts for competitive advantage. In this presentation, expert investigation and eDiscovery panelists will share considerations and highlight approaches that can help organizations proactively and reactively mitigate departing employee risk in six critical areas of risk.
Given the chilling effect of COVID on the business of eDiscovery in 2020, many individuals and organizations are interested in the impact of current pandemeconomic conditions on essential audit, investigation, and litigation drivers for legal discovery. One of those drivers is the need for eDiscovery support in FTC and DOJ Second Request investigations. As Second Requests are driven from HSR Act mandated merger transaction reviews, the following HSR Act filing information and comparisons may be helpful for understanding current trends and potential trajectories driving the need for Second Requests.
In the fall of 2020, eDiscovery Business Confidence Survey more than 70 participants chose to answer at least one of the optional business operational metric survey questions in the quarterly survey. 21.9% of survey respondents reported Days Sales Outstanding (DSO) as increasing in the fall of 2020. This is an incremental increase from the 20.9% reporting DSO as increasing in the summer 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.
From cloud forensics and cyber defense to social media and surveys, the September 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 Federal Trade Commission, with the support of the Department of Justice’s Antitrust Division, recently proposed changes to the rules governing merger notification under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act). The revisions would require investment funds to report additional information and would exempt certain minority acquisitions from the reporting requirements, including acquisitions of 10% or less of an issuer’s voting securities by activist investors.
HSR Act-driven Second Request responses require an uncommon balance of understanding, expertise, and experience to successfully deliver certified compliant responses. Recent FTC and DOJ updates, coupled with the increasing velocity of requests, make current expertise more crucial than ever in this unique discovery area. In this presentation, expert investigation, eDiscovery, and M&A panelists will present updates and considerations for managing Second Request responses to include tactics, techniques, and lessons learned from fourteen recent responses.