2 Chapter1·TrendsinEnterpriseE-discoveryfromtheCorporatePerspective Introduction E-discovery is such a broad and encompassing topic that enhancements, improvements, and other changes in corporate best practices are emerging on a near daily basis. Major areas where corporations are looking at e-discovery and changes to its landscape include: Focusing on litigation preparedness The emergence of better enterprise searches Complications from "e-discovery trolls" Centralization of e-discovery activities and actions The emergence of folksonomies in corporate e-discovery The merging and mashing up of enterprise applications and litigation support applications Insourcing the e-discovery review process Completing reviews in automated ways Examining record accessibility and retention policies Taking other steps to cut e-discovery costs Litigation is not something to take lightly, of course, and e-discovery is one of the central pieces of the puzzle. Mistakes should be as few and far between as possible. "As notable cases such as Qualcomm v. Broadcom and AMD v. Intel have shown, under the revised Federal Rules of Civil Procedure, the ramifications from e-discovery mistakes can be far-reaching," said Craig Carpenter,VP of E-discovery Solutions and General Counsel for Recommind. As the vast amount of information in corporate databases, messaging systems, and file servers only continues to increase, that proverbial needle in the haystack is even harder to find. In this chapter, we'll talk about how things should get easier in the next few years to come. The Focus on Litigation Preparedness In corporations worldwide, but especially in the United States, there is an increased focus on being prepared to respond to and vigorously defend matters surrounding pending litigation. Particularly with regard to the recently amended Federal Rules of Civil Procedure and the new requirements in e-discovery, you will find counsel and companies paying new attention to both how to avoid and how to respond to lawsuits. The FRCP, to which all companies transacting business within the United States are subject, allows that either party in a civil lawsuit may ask for the other party to produce documents or electronically stored information, or ESI, that may support its claim in the lawsuit or the defense against such a claim in a lawsuit. Indeed, consider the following statistics on the threat of litigation looming on the horizon. The litigation threat is a large and growing problem for enterprises. Here are few indicators of the scope of the problem, based on an annual survey by the law firm Fulbright & Jaworski LLP. One-third of U.S. corporations are facing at least 25 lawsuits. 18 percent of companies are defending themselves against more than 100 lawsuits in the United States alone.