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to discuss what the case is about so that the discovery team can start identifying relevant documents. Catanzaro notes that a company like DuPont has been around long before the digital information revolution so paper is part of the process. They have more than 120,000 boxes of archived documents that are set aside, which is a "drop in the bucket compared to what we have on our servers and email. You have to think of discovery not just as electronic discovery. " 3. Get a readiness assessment One of the first things TransCanada's McLean did as part of his project was to obtain an e-discovery readiness assess- ment. "It's useful to bring in a third party with a fairly critical eye who can look at what your current processes are and give you an assessment of where you are. In most cases, it's likely to be something of a reality check." 4. Know your records Experts say that e-discovery is all about records management, which DuPont's Catanzaro calls the "ugly step child of IT. E-discovery software vendors expected to consolidate Gartner notes: "Corporations all face litigation and regulation of some sort, and in some quantity, and are creating business processes to manage these things and purchasing software to support the processes." The report states that until recently, manual processes were the "order T companies have to pore over irrelevant data looking for the important nug- gets. "If you have a good process, you don't have to hold every piece of paper or every shred of information forever, " Discovery costs escalate when Catanzaro says. Laurie MacFarlane, " sel, litigation, at the CIBC Legal Department agrees "a lawyer needs to generally be aware of a company's systems, record retention policies and key employees managing technology senior coun- Its May report, Magic Quadrant for E-Discovery Software, examines more than 20 leading e-discovery software vendors. he e-discovery software market is in a "phase of high growth, increasing maturity and inevitable consolidation," says technology research firm Gartner Inc. of the day" and law firms "had little incentive to reduce costs." However, with costs of e-discovery sometimes outweighing the amount of money that's in dispute, the environment is quickly changing as companies look to rein in litigation costs. The market for e-discovery software was worth $1 billion in 2010, according to Gartner. It expects that to grow at a compounded annual rate of 16 per cent until 2015. The U.S. accounts for 85 per cent of the market, but vendor revenue outside the U.S. doubled between 2009 and 2010. Gartner says "the e-discovery market landscape has shifted dramatically stages: identification, preservation, collection, early case assessment, pro- cessing, review analysis, and production. As such, Gartner expects the market to consolidate as larger vendors " There is greater demand for enterprise-wide solutions that cover key as end users have begun to demand more complete e-discovery functional- ity. take out smaller niche players. "We expect the number of firms claiming to have e-discovery products and services will shrink by 25 per cent over the next two years." The firm breaks down the vendors into four categories: Leaders: ZyLAB UK Ltd., Symantec Corp., AccessData Group, LLC, Guidance Software, Inc., Autonomy Corp., and Recommind Inc. Visionaries: IBM, Exterro, Inc., EMC Corp., KPMG LLP, and Ubic Inc. Challengers: FTI Technology LLC, kCura, Kroll Ontrack Inc., and Nuix. Niche Players: CommVault, Xerox Litigation Services, LexisNexis, Integreon, Catalyst Inc., and Daegis. ... to help you navigate legal obstacles, outside your window and around the world... Your lawyer. Your law firm. Your business advisor. BennettJones-2_IH_Aug_12.indd 1 CANADIANLAWYERMAG.COM/INHOUSE OCTOBER/NOVEMBER 2012 • 12-06-28 10:54 AM 25

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