Managing Data in Diverse Locations and Formats

The increasing adoption of cloud services, mobile devices, social media, and the IoT places substantial demands on eDiscovery systems. Data generated and stored in numerous locations and formats proves difficult to find and manage. Remote work further complicates the process by increasing the risk of data loss due to the use of personal devices and insecure networks.

For instance, data relevant to a given case may appear in videos, documents, text messages, and security camera footage. Information that lives on mobile devices or in highly disorganized data stores in legacy systems present additional challenges for legal teams.

To address these challenges, organizations should take a proactive and holistic approach to information governance. This involves implementing policies and procedures to track and secure data throughout its lifecycle. But classifying and monitoring sensitive information at scale, as well as enforcing security and privacy policies, requires automation.

AI Plays Complex Role Technology for eDiscovery

AI has become essential to automating and optimizing information governance tasks such as data classification and policy enforcement. It can also help legal teams improve the accuracy and efficiency of eDiscovery outcomes by automating data deduplication, redaction, document review, and predictive coding.

Further, AI enables more advanced capabilities like sentiment analysis and topic modeling. These capabilities help legal teams understand the context and meaning of the data, as well as identify relevant facts and patterns. Note that AI does not replace information governance. But it can help information governance personnel find and process data at scale.

On the other hand, AI adds risk to information governance and eDiscovery processes. For example, using poor quality or insufficient data to train AI algorithms can result in biased or inaccurate results. False or misleading texts in turn affect the reliability and admissibility of evidence.

Organizations using generative AI should implement best practices including flagging text generated by AI. They should also apply rigorous quality control to ensure that generated texts are accurate, relevant, and consistent with original sources. Further, clear protocols and standards for the use and disclosure of AI in discovery will prove essential.

Cloud-based eDiscovery Delivers Scalability, Efficiency

Cloud-based solutions dominate the eDiscovery technology landscape because they offer lower costs, greater scalability, and faster deployment. Additionally, they deliver vastly improved accessibility for teams spread across distance. Consequently, experts predict that legal adoption of cloud-based technology will continue to grow rapidly in the coming year.

Cloud computing allows organizations to store, process, and access large amounts of electronically stored information (ESI) from anywhere. This improves collaboration, saves time, and promotes data security by allowing responders to perform an initial data review in place.

Blockchain on the Horizon for eDiscovery

While not yet in mainstream use, blockchain technology has the power to play an increasingly useful role in enhancing eDiscovery. By recording transactions in a secure, transparent, and immutable way, it promises significant eDiscovery benefits, including:

• Verifying the authenticity and provenance of ESI
• Tracking data ownership, custody, and transfer
• Reducing the risk of data breaches by strengthening access control and encryption
• Promoting efficiency and accuracy by enabling smart contracts and automating tasks such as data collection, preservation, and review
• Enforcing compliance with regulations such as data retention policies

Proactive legal teams will keep a close eye on developments in blockchain technology, as it could have a substantial impact on eDiscovery.

Partner with Technology for eDiscovery Experts

Navigating eDiscovery challenges and opportunities requires an approach that harnesses technology for eDiscovery while instituting information governance best practices. With eGovernance solutions for eDiscovery and information governance, organizations reduce costs while simplifying processes and producing consistent, defensible results.

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