14 Chapter1·TrendsinEnterpriseE-discoveryfromtheCorporatePerspective Summary E-discovery is such a broad and encompassing topic that there are enhancements, improvements, and other changes in corporate best practices emerging on a nearly daily basis. 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 (ESI) that may support its claim in the lawsuit or the defense against such a claim in a lawsuit. With all of these requirements, we looked in this chapter at the major areas where corporations are looking at e-discovery and changes to its landscape from their perspective. Specifically, we discussed: Litigation preparedness The emergence of better enterprise search 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 The insourcing of the e-discovery review process The completion of reviews in automated ways The examination of record accessibility and retention policies Other steps to take to cut e-discovery costs Litigation is not something to take lightly, of course, and because discovery is one of the central pieces of the puzzle, mistakes should be as few and far between as possible. Of course, that task is made more difficult by the vast amount of information in corporate databases, messaging systems, and file servers; that amount only continues to increase, making that proverbial needle in the haystack even harder to find. Solutions Fast Track The Focus on Litigation Preparedness Part of being prepared in this litigious age, at least from the corporate perspective, is the confidence that your colleagues can produce accurate records that the FRCP can demand at any point in time. In order to do so, rigid policies, simple and well-defined processes, and intelligent content management solutions must all operate within an overall e-discovery program.