Kroll Ontrack recently released its third annual ESI Trends Report (2009). This international survey of IT and in-house counsel and their practices for managing ESI in response to litigation and internal investigations was conducted by Research Plus with 461 respondents.

According to a press release announcing the survey findings, "A strong majority in the U.S. and UK have a document retention policy, but a much smaller number (46% in the U.S. and 41% in the UK) claim to have an ESI discovery readiness strategy. This gap highlights a potential risk and a false sense of security that the existence of a document retention policy is adequate to protect organizations when litigation or other events requiring the discovery of ESI strike."

Kroll Ontrack also reported,"77% of U.S. companies and 56% of UK companies believe their ESI discovery policy or strategy is repeatable and defensible. However, only 57% of U.S. and 39% of UK corporations have mechanisms to preserve potentially relevant data when litigation or a regulatory investigation is anticipated. Without an identified means to suspend the expulsion of potentially responsive data, many companies are not positioned to execute proper preservation protocol or claim their ESI discovery readiness policy is effective."

Kroll Ontrack® is a leading provider of paper and electronic discovery, computer forensics and ESI consulting, jury consulting, and courtroom presentation services. The full report can be viewed at: www.krollontrack.com/esi8

Tags: ESI, Kroll

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