The survey found that information management, data collection, and producing discoverable results in a timely manner were the top challenges reported. The CIO and General Counsel were most often identified as leading e-discovery initiatives. Organizations that placed more emphasis on their electronic data discovery process tended to be more satisfied with their e-discovery process. Those with more mature programs reported technology utilization as a top challenge and had greater CIO involvement.

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CIO’s Integral to e-Discovery Strategy
Information management, data collection, and producing discoverable results in
a timely manner emerge as leading concerns in recent survey.
USIS conducted a survey of government leaders from the federal e-Discovery community at the Digital
Government Institute’s recent Federal e-Discovery Symposium with the goal of exploring trends in e-Discovery.
The survey addressed specific issues and challenges that organizations face today with their e-Discovery
efforts, how much emphasis organizations place on their electronic data discovery (EDD) process and strategy,
and who leads those initiatives. Additionally, we examined other trends, such as the usage of commercial off-
the-shelf (COTS) tools.
The majority of respondents identified with being in the public sector. The types of cases identified were
primarily in the civil cases, 78%, and the other 22% were geared at criminal cases. The majority of the cases,
67% , identified with requiring onsite collection and seizure. The majority of participants, 68%, indicated that
they do not use commercial off-the-shelf (COTS) tools for their electronic data discovery processes.
When asked about the structure of the organization and who leads e-Discovery initiatives, the CIO and
General Counsel were overwhelmingly identified as the leaders. When asked about the biggest organizational
challenges, the top four answers were (1) information management, (2) data collection, (3) producing
discoverable results in a timely manner, and (4) cost.
Top e‐Discovery Challenges
70%
61%
60%
Percentage of Respondants
50%
39%
40% 35% 34%
30% 26%
23%
20% 16% 15% 13%
10% 6% 5%
0%
Information Data Collection Producing Cost Technology Staffing Workflow Early Case Data Processing Forensics Geographically
Management Discoverable Utilization Management Assessment Analysis Dispersed Teams
Results Timely
Who Sets the e‐Discovery Strategy at Your One of the key findings of the survey was the role of
Organization? the CIO in the e-Discovery process. It’s not surprising
(Respondents could select more than one answer)
that 68% of those who were sampled work for
federal organizations where the General Counsel
sets the e-Discovery strategy. What is surprising,
CIO; 53.57% and is good news, is the level of involvement of the
General Council;
67.86% CIO in setting the strategy. Fifty-four percent of all
respondents listed the CIO as a key stakeholder who
helps to set the strategy.
CISO; 7.14%
CFO; 5.36% CEO; 8.93%
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Further, organizations place more emphasis on the EDD process and strategy when both the CIO and the
General Counsel are responsible for setting the e-Discovery strategy. Surprisingly, when respondents said the
CIO is the only one responsible for setting the EDD process and strategy, there is a greater emphasis on the EDD
process than when they identified the General Counsel as solely responsible:
» When CIO is solely responsible, 43% said their organization placed an emphasis on the EDD process.
» When General Counsel is solely responsible, only 27% said their organization placed an emphasis on the
EDD process.
Organizations that emphasize the importance of an EDD process and strategy tend to have better e-Discovery
processes. When organizations place a great deal of emphasis on the EDD process, 57% reported that they
were satisfied with their e-Discovery process. Not a single respondent from an organization that does not place
an emphasis on the EDD process and strategy reported being satisfied with their e-Discovery process.
The difference in challenges faced by mature e-Discovery programs versus less mature ones may shed light on
the qualities of a good program. When asked to select up to three top challenges, of those satisfied with their
e-Discovery process, 71% chose information management most often, with technology utilization as the second
most common challenge at 35%.
For those who are dissatisfied with their e-Discovery process (which suggests that they are less mature
programs), 63% identified information management as the top challenge. Their next most common challenge
is tied (at 42%) between data collection and producing discoverable results in a timely manner.
Both groups share the same number one challenge of information management. This is not surprising given
that electronic discovery begins with how well the various organizations involved maintain their records.
The second biggest challenge is telling, though. Organizations with more mature e-Discovery programs listed
“technology utilization” as their second biggest challenge, which suggests that organizations with mature
e-discovery programs are more focused on technology optimization and are involving their IT staff to a greater
degree. The vast majority (69%) of those in this subgroup listed their CIO as being involved in setting their
e-Discovery strategy.
Key Finding: Organizations that place a strong emphasis on the EDD process and strategy tend to have better
e-Discovery processes
» 57% of those at organizations that place a great deal of emphasis on the EDD process reported that they
were satisfied with their e-discovery process.
Key Finding: Organizations with mature e-Discovery programs tend to place an emphasis on technology
utilization and have greater CIO involvement in setting the e-Discovery strategy.
» 69% of those satisfied with their e-Discovery process work at an organization where their CIO is involved
setting the e-Discovery strategy.
Key Finding: The preservation and collection stage, and the processing, review, and analysis stage were listed
as the top two stages of e-Discovery that needed the most improvement.
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» 35% indicated preservation and collection stage needed the most improvement.
» 25% selected the processing, review, and analysis state as needing the most improvement.
Key Finding: Organizations place more emphasis on the EDD process and strategy when both the CIO and the
General Counsel are responsible for setting the e-Discovery strategy.
» 44% of respondents at organizations where both the CIO and the General Counsel set the EDD process and
strategy said their organization places an emphasis on the EDD process.
Key Finding: More than half of the government leaders surveyed are familiar with Socha Consulting’s Electronic
Discovery Reference Model (EDRM).
» 54% of respondents have heard of the EDRM, while 46% have not.
Key Finding: Government agencies tend not to use COTS tools for their EDD processes.
» Only 33% of respondents work at a public organization that uses COTS tools, while 67% of those surveyed
do not.
Key Finding: A high level of importance is placed on early case assessment.
» 41% of legal departments place an emphasis on early case assessment.
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