How Can Organizations Benefit from Using NetGovern & Ipro Together?
A few months ago, we announced a partnership with Ipro Tech. The goal of the partnership is to create a solution covering the full spectrum of eDiscovery, starting with proper Information Governance and ending with being able to present documents in court. (Find the press release here)
Why would organizations want to use NetGovern's Information Governance along with Ipro Tech?
Let’s explore this.
A More Effective eDiscovery Process
Interacting with Electronically Stored Information (ESI) is typically a very linear process. This can be helpful when we want to apply an efficient Fordism model of mass production. In short, this minimizes resource efforts and maximizes parallelism in order to achieve results faster, and at a lower cost. The general concept of eDiscovery is to collect as much ESI as you can—to avoid missing anything—and then to review the data through an efficient, industrialized process. We can see how this has been useful in making intensive review projects effective, by way of “review farms.” A business model—not to mention a whole industry—has been built on this premise.
However, as has been shown in software development, the efficiency gains of this linear process come at a higher cost of rework. When the result is unknown at the start, an iterative process can be a lot more effective at providing course corrects. In software, this is called the agile development process, where results are reviewed at each sprint and progress is made based on previous success. In this model, corrective action can be taken quickly. eDiscovery is more of an investigation process—similar to software development—where the end result is not known a priori. As a better understanding develops, you have the ability to return to the ESI source in an iterative way.
The agile model has shown how you can reach product maturity that meets minimum viability criteria much faster and with better results than by using a waterfall model. We can imagine a similar approach for eDiscovery, while leveraging the performance of technological tools that have been developed in the age of waterfall industrial review. It would be possible to move iteratively to build the case timeline & presentation. Having reimagined the process for eDiscovery, we can look at how it benefits companies, for whom this is especially applicable.
Custodians and internal legal counsel have to sift through large quantities of data to find documents pertinent to the case. They need to find relevant documents efficiently across the entire corpus of enterprise data.
If they can interact with ESI early in an eDiscovery case, and on an ongoing basis, they can interactively process, review and collect only the data that is relevant. This significantly reduces the quantity of data that needs to be used through, and review costs drop proportionally. During the process, the organization also uses advanced review and processing tools to further trim the subset of data that actually needs to be reviewed.
Reducing the Risk of Data Loss
Reducing the amount of information to be sent to opposing party and legal service providers for external review—if still required—also reduces the risk of data breaches. Moving large swaths of data and storing multiple copies under unknown security conditions is a risky proposition in a world where all organizations have fallen, at least once, for phishing attacks. This is a good thing for both parties, in that there is less data to protect with less risk of costly side effects.
Effective Early Case Assessment (ECA): The Earlier the Better
Most cases don’t go to court and are resolved through negotiation. Facts speak volumes and provide serious leverage. Having direct access to data for ECA and being able to perform interactive investigation as the case evolves is critical to getting to quick resolution and minimal disruption to the business.
Get Insight Into Your Keywords
One of the key parts of eDiscovery is negotiating keywords that will be used to scope the amount of data to be collected. Having visibility into the data allows you to assess if the suggested keywords are too broad and would result in collecting too much data, breaking proportionality, and putting your confidential business information at risk. Or conversely, if the keywords lead to any relevant data at all.
Empowering the Right People
The variety of places containing the information is a key challenge of eDiscovery. Companies use a wide variety of collaboration tools, and each present their own challenges in finding and collecting data. In most organizations, Legal relies on IT, InfoSec or external firms to collect the information. This adds delay and creates a long and potentially tedious feedback loop when further data is required. Providing intuitive and user-friendly tools to the Legal team to be able to run searches and collections puts the efficiency of the process directly into their hands. Imagine being able to move seamlessly and dynamically between collection, processing and review all within one pane of glass.
Better Case Confidentiality
The more people involved, the less confidential a case is. If Legal can operate within their team boundary, they can perform investigations without having to explain to IT and to an external firm who and what are being investigated. Internal affairs stay quiet and are handled confidentially.
This blog should give you a better understanding of the purpose of the partnership and how we transformative we believe it will be. In summary, using high-performance tools for data collection can significantly enhance the eDiscovery process for organizations.
However, there is more to it. There is a broader impact on legal counsel as well as the rest of the organization. Effective eDiscovery requires proper Information Governance. Compliance for laws and guidelines that regulate retention, privacy and data security also require proper Information Governance.
We can cover these topics another time, but the above information is a good start in understanding how organizations can benefit from using NetGovern and Ipro Tech together.