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UK, Germany and the Netherlands Survey Demonstrates Clear Need for Improved Proactive Management of Electronic Document and File Discovery Processes In Order to Mitigate Organisational Risk


• A new study, commissioned by CommVault and conducted by market research firm Dynamic Markets Ltd., reveals the top issues that legal professionals and other senior managers find most worrisome regarding the discovery of electronically stored information (ESI) and conveys a marked sense of concern among those tasked with mitigating organisational risk.

• The 2008 survey: Corporate Hide and Seek examines the perceptions of 300 in-house legal professionals and senior managers in the UK, Germany and the Netherlands related to the common legal and financial risks associated with not being able to retrieve documentation, as well as its impact on their organisations. Among the report’s key findings:

o One in two organisations (47 percent) questioned have suffered serious consequences as a result of IT systems failing to deliver on demand critical data needed to support legal disputes. These consequences include the payment of penalties, loss of the legal dispute, or the delay or failure to produce the required information.

o 39 percent of the companies interviewed believe they are still at risk of receiving financial penalties for not being able to produce documents by legally imposed deadlines.

o Of those who believe they are still at risk, 58 percent have experienced delays in producing information and nearly half (47 percent) have failed to produce such critical information.

o Nineteen percent of businesses have lost a legal dispute and nineteen percent have also received financial penalties.

o Despite 80 percent of organisations claiming to have made an investment in IT to address discovery challenges, 60 percent of respondents think their IT department is not always able to deliver information quickly enough for them to do their legal job efficiently. If future legislative changes shorten legal deadlines, this problem is predicted by respondents to worsen; making it even harder for legal departments to respond to discovery requests in a timely manner.


• “eDiscovery and compliance demands continue to be of critical concern to many European organisations. After highly publicised scandals, such as Enron, we expected the research to show that businesses had adopted far more rigorous approaches to identifying and retrieving electronically stored information across backup and archived data aimed at improving litigation readiness and reducing organizational risk. What is surprising is most organisations interviewed had suffered serious consequences because they were unable to retrieve and recover specific data, yet the significant majority felt they had adequate technology in place to produce critical information on demand. This is obviously not the case,” said Steven Rose, CommVault’s executive vice president of EMEA.

Additional Information

• “Corporate Hide & Seek” was commissioned by CommVault and details quantitative research with individuals responsible for dealing with legal issues for large companies (250 or more employees) in the UK, Germany and the Netherlands.

• A total of 300 interviews were conducted with in-house legal professionals (94%) or with a senior manager who gets involved in legal issues for the company (6%). All respondents confirmed prior to interview that they personally get involved in legal disputes their organisation might have, such as payment disputes, breaches of contract or NDA’s, employment issues etc. For the non-legal professionals, job titles included CEO, FD, Head of Personnel, HR Manager, Personal Development Officer, Director of Administration, IT Director and Officer of Personal and General Affairs.

For more information please contact:

Clare Shephard
Maillot Jaune
Tel: 07736 793332

Supporting Resources

- Learn more about CommVault® Simpana® 7.0

- Learn more about CommVault and the discovery of electronically stored information (ESI)

- Learn more about CommVault’s customer success stories

- Read the CommVault Whitepaper, “Tipping Point: How to Know When its Time for a New Data Management Solution”

- Learn more about CommVault’s news

About CommVault

A singular vision — a belief in a better way to address current and future data management needs — guides CommVault in the development of Singular Information Management® solutions for high-performance data protection, universal availability and simplified management of data on complex storage networks. CommVault's exclusive single-platform architecture gives companies unprecedented control over data growth, costs and risk. CommVault's Simpana® software suite of products was designed to work together seamlessly from the ground up, sharing a single code and common function set, to deliver superlative Data Protection, Archive, Replication, Search and Resource Management capabilities. More companies every day join those who have discovered the unparalleled efficiency, performance, reliability, and control only CommVault can offer. Information about CommVault is available at CommVault's corporate headquarters is located in Oceanport, New Jersey in the United States. (cvlt-pd)

Safe Harbor Statement

Customers' results may differ materially from those stated herein; CommVault does not guarantee that all customers can achieve benefits similar to those stated above. This press release may contain forward-looking statements, including statements regarding financial projections, which are subject to risks and uncertainties, such as competitive factors, difficulties and delays inherent in the development, manufacturing, marketing and sale of software products and related services, general economic conditions and others. Statements regarding CommVault's beliefs, plans, expectations or intentions regarding the future are forward-looking statements, within the meaning of Section 27A of the Securities Act of 1933, as amended and Section 21E of the Securities Exchange Act of 1934, as amended. All such forward-looking statements are made pursuant to the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. Actual results may differ materially from anticipated results. CommVault does not undertake to update its forward-looking statements.

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