About BDO ConsultingBDO Consulting, a division of BDO USA, LLP, provides clients with Financial Advisory, Business Advisory and Technology Services in the U.S. and around the world, leveraging BDO’s global network of more than 67,000 professionals. Having a depth of industry expertise, we provide rapid, strategic guidance in the most challenging of environments to achieve exceptional client service.

BDO is the brand name for BDO USA, LLP, a U.S. professional services firm providing assurance, tax, advisory and consulting services to a wide range of publicly traded and privately held companies. For more than 100 years, BDO has provided quality service through the active involvement of experienced and committed professionals. The firm serves clients through more than 60 offices and over 500 independent alliance firm locations nationwide. As an independent Member Firm of BDO International Limited, BDO serves multi-national clients through a global network of 1,400 offices across 158 countries. BDO USA, LLP, a Delaware limited liability partnership, is the U.S. member of BDO International Limited, a UK company limited by guarantee, and forms part of the international BDO network of independent member firms. BDO is the brand name for the BDO network and for each of the BDO Member Firms. For more information please visit: www.bdo.com. Material discussed is meant to provide general information and should not be acted on without professional advice tailored to your firm’s individual needs. © 2017 BDO USA, LLP. All rights reserved.

CONTACT: Stephanie GiammarcoBDO's Forensic Technology Services practice leader212-885-7439 | sgiammarco@bdo.com

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Cross-border challenges increase, but organizations are rising to meet them.With the EU General Data Protection Regulation (GDPR) taking effect in 2018, data protection will continue to be top of mind for many organizations in the year ahead. When the GDPR comes into force, data transfers between the EU and the U.S. will be subject to more stringent measures, including significantly more severe and frequent sanctions for violations. Organizations must take steps well in advance to prepare for these changes and consider alternate e-discovery workflows—such as segregating protected data prior to transfer or in-country processing and review—on a go-forward basis.

The new EU data protection rules will result in the appointment of at least

28,000data protection officers (DPOs) in the EU and U.S. alone over the next two years.

Sources: U.S. Securities and Exchange Commission; BDO Inside E-Discovery and Beyond Survey, December 2016; Technavio Global Visual Analytics Market 2016-2020 Report; The International Association of Privacy Professionals (IAPP)

Serious about security.As the digital revolution continues to shape the way organizations do business, so do technology-related risks. Technological advancements drive innovation, but can invite unforeseen data security and privacy threats. In a business climate where cyber-attacks and data breaches have become the norm, organizations—law firms, corporations, and professional service providers, in particular—will continue to vigorously adopt cybersecurity as a key strategy for mitigating these risks.

TOP 5 TRENDS SHAPING E-DISCOVERY & BEYOND IN 2017

of corporate counsel rank a data breach as their organization’s top data-related legal risk.

New administration. New rules.The Trump administration is already bringing significant change to the regulatory and compliance environment, particularly surrounding the Foreign Corrupt Practices Act (FCPA) and merger & aquisition activities. Compliance programs will need to stay on top of key market developments, which will include cyber and privacy regulations, clearly impacting e-discovery.

Record year in FCPA enforcement:• 27 corporate enforcement actions• $6 billion in total sanctions

2016

74%

Beyond predictive coding—applying sophisticated analytics across the EDRM.The application of sophisticated analytics across the Electronic Discovery Reference Model (EDRM) will extend beyond traditional predictive coding methods into earlier phases of the EDRM, helping to reduce data volumes prior to processing and create down-stream e-discovery efficiencies. Novel applications of visual analytics in e-discovery are on the rise and are being leveraged to gain insight and intelligence before, during and after document review.

Analysts forecast the global visual analytics market to grow during the forecast period at a compounded annual growth rate (CAGR) of more than

22%

Information governance remains a priority.Information and data governance programs will continue to be a top priority within organizations as information becomes an increasingly significant corporate asset that must be mapped, monitored and maintained. Understanding data locations, source types and security provisions are key factors in mitigating an organization's risks, especially those associated with cybersecurity and e-discovery.

of in-house counsel rank under- or over- preservation of data among their top

42%

three legal risks concerning data.

What’s Trending in E-Discovery

CYBERSECURITY • ANALYTICS •COMPLIANCE • DATA PROTECTION •

INFORMATION GOVERNANCE