Chapter § 1.06 e-Discovery

• Jurisdiction: United States
• Publication year: 2020

§ 1.06 e-Discovery

[1] Vendor Challenges

Electronic discovery (or e-discovery) often presents another challenge for corporate counsel.⁴⁸ Legal departments may find it difficult to find a good e-discovery vendor.⁴⁹ Companies with global operations have the added hardship of finding an e-discovery vendor that understands data privacy rules in other countries.⁵⁰ Oftentimes, multiple vendors are considered; however, the results can be hit-or-miss. Even asking law firms to use a specific e-discovery vendor may cause problems. The law firm may be unhappy with the vendor and use that discontent as a reason for raising costs. In-house counsel are faced with the awkward scenario of not knowing whether an issue lies with the law firm or with the vendor, ultimately wasting the company’s time and money.

Additionally, when an e-discovery vendor is hired, in-house counsel risk losing control of the process. Because the vendor works on the back-end, counsel may have difficulties finding where the vendor is moving various documents. Adding to the frustration, counsel feel the need to closely monitor the vendor’s performance and take an active part in the process of managing the litigation.

One of the ways of keeping control of...