Two-Thirds of Respondents Are Concerned About E-Discovery Challenges Posed By Social Media
One-quarter of respondents said their companies are unprepared to handle e-discovery requests, according to a
survey commissioned by the Deloitte Forensic CenterNEW YORK, June 16 /PRNewswire/ -- Roughly two-thirds (62 percent) of respondents
surveyed who expressed an opinion say their company is concerned about
e-discovery challenges posed by online social media forums, according to a
survey commissioned by the Deloitte Forensic Center.
During the next three years, 49 percent of respondents expect their companies'
information technology department to increase e-discovery efforts; 44 percent
expect e-discovery challenges to increase; and 39 percent expect to devote more
resources to e-discovery. However, of respondents with an opinion, 61 percent
expect their companies to be only somewhat effective or not effective at all in
dealing with e-discovery challenges three years from now.
One-quarter of respondents indicated their companies are unprepared to handle
e-discovery requests pertaining to business-related use of social media, and an
additional 36 percent indicated their companies are only somewhat prepared.
Beyond social media platforms, only 9 percent of companies are well prepared to
capture electronically stored information on third-party platforms, such as
information stored in the cloud or used in software-as-a-service (SAAS)
applications.
"The demands of e-discovery are clearly growing. Facebook and Twitter have not
only become more prevalent in employees' personal lives, but have also become
more accepted in the workplace, as companies are beginning to leverage social
media platforms throughout the corporate environment," said Jeff Seymour, leader
of the northeast analytic & forensic technology practice for Deloitte Financial
Advisory Services LLP. "With electronically stored information rapidly rising in
volume, avoiding e-discovery missteps requires cooperation from two corporate
functions that typically have little in common and often don't speak the same
language: legal and IT."
Communication challenges between legal and IT teams seem to be admitted by both
sides. Only 23 percent of those who work in compliance, risk assessment or the
legal department, and who have an opinion, say their IT department understands
legal requirements for e-discovery very well. Coincidentally, only 23 percent of
IT respondents with an opinion said their legal department understands very well
the limits of what IT can do to support e-discovery.
"The predominant lack of effective communication between legal and IT functions
can have serious repercussions including sanctions, lost cases and severe
fines," said Toby Bishop, director of the Deloitte Forensic Center. "This
communication challenge should be overcome if the risk of e-discovery missteps
is to be mitigated. Cross-functional e-discovery training can help IT personnel
understand what the legal team needs from them, and to help the legal team
understand what IT can and cannot accomplish with the skills and resources they
have."
The complete survey report is available at www.deloitte.com/forensiccenter
About the Survey
The Deloitte Forensic Center commissioned the Economist Intelligence Unit to
conduct a survey of 337 U.S. IT, legal, risk and compliance professionals in the
U.S. regarding the e-discovery challenges facing corporate America. Among the
167 IT executives participating in the survey, 43 percent were at the director
level or above. Of the 170 respondents in legal, risk and compliance, 22 percent
were C-suite executives. Participants were surveyed during September and October
of 2009.
About the Deloitte Forensic Center
The Deloitte Forensic Center is a think tank aimed at exploring new approaches
for mitigating the costs, risks and effects of fraud, corruption and other
issues facing the global business community. The Center aims to advance the
state of thinking in areas such as fraud and corruption by exploring issues from
the perspective of forensic accountants, corporate leaders and other
professionals involved in forensic matters. The Deloitte Forensic Center is
sponsored by Deloitte Financial Advisory Services LLP.
About Deloitte
As used in this document, "Deloitte" means Deloitte Financial Advisory Services
LLP and Deloitte Services LP, separate subsidiaries of Deloitte LLP. Please see
www.deloitte.com/us/about for a detailed description of the legal structure of
Deloitte LLP and its subsidiaries.
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