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the continued increase in digital infor- mation that companies generate, which will only increase with the advent of social media, such as Twitter and Facebook, where companies engage cli- ents electronically. It means businesses will of a more litigious environment, driven in part by lawmakers deciding to out- source consumer market oversight likely be forced to capture more that online interaction. Factor in plaintiff class action lawyers, and new regulation in key areas such as competi- tion law, and it makes for a much more demanding environment for litigation departments. Weeding through those millions of to emails, Internet communications, and digital documents means companies that don't act now to bring some order to their ability to search and retrieve relevant documents could find them- selves paying millions of dollars if they are sued and ordered to disclose such information. Worse yet, information that could later prove relevant in litigation may be improperly destroyed or unearthed too late, opening the company to charges of spoliation. The need to be prepared has never been greater. Here are 12 tips on insourcing e-discovery: 1. Size doesn't matter, volume does First, you need to determine whether it's necessary to set up some type of internal controls to facilitate e-discov- ery. A retail business dealing with a few slip and falls and some firings each year is much different than a pharmaceuti- cal company engaged in patent litiga- tion. "Generally, size does not matter, notes Dominic Jaar, national practice leader, information management, and e-discovery at KPMG LLP. "What is key is if your organization is or is not in the business of being sued, " former Borden Ladner Gervais LLP litigator who launched his own e-dis- covery technology firm that KPMG " says the acquired. "It's the volume and nature of litigation or investigation that justifies internalization, rather than the size of the organization. Some of the biggest holding companies are worth billions, but they never get sued because they have few operations." 2. Discovery is not just digital The first thing to remember is that discovery is not just about digital infor- mation, notes Vince Catanzaro, senior counsel and global discovery manager for the science and engineering firm DuPont in Wilmington, Delaware. DuPont has set up a Discovery Excellence Center, which manag- es discovery issues across the global company, including Canada. "We are charged with managing the process," he explains. Every week the team receives reports of new matters that have been created through the firm's e-billing sys- tem. Internal lawyers handling the file are contacted and a meeting is set up Celebrating 15 years Recognized by the American College of Trial Lawyers, LEXPERT, Best Lawyers and Chambers Global, this litigation boutique is all grown-up. 3500 De Maisonneuve Blvd. W. | Suite 1400 | Montreal, Quebec H3Z 3C1 www.imk.ca 24 • OCTOBER/NOVEMBER 2012 Irving_IH_Oct_12.indd 1 INHOUSE 12-08-14 2:44 PM

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