What about DLP & BI?

by JulieLaboe

As LTB has evolved, I have realized that there is a key component missing –prevention and preservation technology information for the legal community.  These are most commonly referred to as Data Loss Prevention (DLP) and Business Intelligence (BI).  To date, I haven’t been able to find a source for the legal industry that provides the necessary information about DLP and BI – let alone a source that provides DLP, BI, and the technology available to manage such information in the context of litigation.  DLP and BI are often touched upon in articles but those articles fail to address the important protocols/technology that need to be in place long before the threat of litigation is raised.  Since experts agree that “the best defense is a good offense” and because courts are not swayed by claims of ignorance (e.g. the “Pollyanna defense”), we should be talking more about how to be prepared for or prevent litigation. 

It is becoming more and more evident that “electronic discovery” effects almost every type of litigation and from my research it appears that the largest percentage of cases using eDiscovery is in the area of employment law.  Since employment law effects virtually every type and size of company, this is a big issue.

The companies I’ve worked with who have “learned the hard way” about the prevention and preservation of evidence agree that being proactive (before the hint of litigation) is the most important phase of “eDiscovery”. The front end costs ultimately are MUCH cheaper than having to reconstruct and track down electronic data related to a legal action. And although DLP and BI can often be hard to sell to the powers that be, there’s no dispute that it’s an easy sell after becoming mired in data retrieval in response to discovery requests.  Many companies don’t have the budget to spend a lot of money on DLP and BI and may not know where to start.  Over the next few weeks I’m going to explore the steps that any company can take to safe guard against spending a fortune in litigation along with advice from those who have experienced it firsthand.