The world of eDiscovery is ever-changing, with new discoveries and research done every day. eDiscovery is a young and growing practice, so there has yet to be an industry-wide agreement to a standard, since a new law can throw companies off course. Because of the amount of ESI (electronically stored information) being produced, the development of eDiscovery technology has been a major priority. 2013 has potential to become a milestone year for the industry, with introduction of new tech and practices. Be sure to look out for some of these trends in the upcoming year
Migration To The Cloud
Cloud computing has been a major game-changer in how companies keep and manage ESI because of its versatility. The functions of cloud computing range from storage, to database management, to software hosting. This platform allows for more centralized resources to be dedicated to carrying out core processes, giving businesses the freedom to outsource the caretaking of the systems to tech experts. With cloud computing becoming less costly and more secure, you can expect more companies to migrate to the new system in 2013.
Social Media Becomes More Important
The use of social media has had a dramatic impact on communication and online interactions since sites like Facebook and Twitter have become popular. Some organizations have started creating social media policies, in addition to a standard company policy, which act as clear guidelines for all employees to follow. The actual process of collecting and saving social media data in case of eDiscovery, however, is a process that there hasn’t been a clear solution to. Various companies have taken use of web crawlers to scan and store data from social media sites, while others rely on APIs and proxies. Expect social media eDiscovery to present more challenges in regards to privacy in the near future.
Mass-Adoption of Information Governance
Information governance is the specifications of rules and policies to promote and enforce behavior in the creation, saving, use, and deletion of information. eDiscovery and IG have become more connected than ever because of the nature of the legal system, especially now in a digital age. How information governance helps with law discovery because it’s function is to help manage ESI from inception to archival. Most major companies have already implanted a form of IG, so you should see more medium and small businesses adopting the practice.
Acceptance and Use of Technology-Assisted Review
Technology-Assisted review, also known as predictive coding, is a type of software that can be trained to filter and sort relevant and irrelevant documents. Predictive coding is a combination of machine memory, precision, and human judgment. However, there is less control over the results of technology-assisted review, so most of the cost comes from having to manually review results. Predictive coding is looking to boom in 2013, with mainstream acceptance and application in its future.
Globalization of E-Discovery
eDiscovery has become more prominent, but data privacy may laws differ in foreign countries. Worldwide corporations have been making their mark online globally, so attorneys will need to learn about the legal systems outside of home. International cases can be a problem, because working with other countries’ laws can be near impossible. Expect to see nations working toward similar eDiscovery laws, helping make an international online-presence safer for companies.
About The Author: About the Author: Brett Gold covers Hays Firm. He has worked in the legal industry for over 10 years. In his free time he enjoys catching up on the Game of Thrones book series.
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