In-House E-Disclosure Teams Should Not Be Vilified

• Published date: 14 October 2022
• Subject Matter: Litigation, Mediation & Arbitration, Media, Telecoms, IT, Entertainment, IT and Internet, Disclosure & Electronic Discovery & Privilege, Trials & Appeals & Compensation
• Law Firm: Cooley LLP
• Author: Joy Thornhill

Cabo Concepts Ltd v MGA Entertainments (UK) Ltd & Another¹ has caused much agitation among litigators and e-disclosure professionals. Just three weeks before the start of the trial in this case, the defendants informed the court that they had missed approximately 84,000 documents² due to errors in the data collection process underlying their disclosure. This process had predominantly been carried out by the defendants' in-house IT team. The repercussions for the defendants were substantial: the trial was adjourned for over two years; the defendants were ordered to produce detailed evidence as to the cause of the failings; the disclosure exercise had to be redone with an independent e-disclosure provider; and the claimant was entitled to recover its costs thrown away on an indemnity basis.

On the face of it, the case appears to be a warning against conducting e-disclosure in-house. However, properly administered, the use of in-house technology and teams can be highly effective and efficient. Here are our key pointers for companies with in-house capabilities to ensure the smooth running of the disclosure process.

Be flexible with in-house technology

Cloud systems have allowed companies to invest in cost-saving and efficient technology in which they control their own data without the headache of physical components. But having...