The complexities of managing data have evolved substantially from the days of tangible files and straightforward record-keeping to a landscape characterised by an array of dynamic and multifaceted data sources. This shift was explored during a recent webinar hosted by the Association of Certified E-Discovery Specialists (ACEDS), where experts discussed the growing challenges surrounding e-discovery management in modern businesses.
Historically, data management was focused on physical documents which were relatively easy to organise and access. However, with the advent of technologies such as social media, cloud storage, and Internet of Things (IoT) devices, this scenario has shifted dramatically. Today’s data emerges from various platforms and systems, which can complicate efforts to collect, preserve, and review information for legal purposes.
Scott Cohen, Managing Director for eDiscovery & Information Governance at Winston & Strawn, emphasised the necessity of education in dealing with these contemporary challenges. “We offer CLEs and presentations to clients on emerging topics because education on potential challenges with data sources is essential,” Cohen stated. His comments highlight the increasing need for businesses to familiarise themselves with the evolving landscape of data management.
The webinar also addressed the characteristics of modern information sources, particularly those designed primarily for functionality rather than ease of access for legal proceedings. Collaboration tools, such as Slack and Microsoft Teams, exemplify this trend; they prioritise real-time communication over the ability to support e-discovery processes. As a result, non-traditional data sources—including messages via encrypted mobile applications—pose significant challenges for legal teams tasked with data collection and preservation. “Try to look around the corner and figure out what data is coming,” advised Sonya Judkins, Senior Manager, Discovery & Information Governance at T-Mobile, underscoring the necessity for foresight in data management strategies.
Managing client expectations regarding data collection also emerged as a key theme during discussions. Ensuring clear communication about the technical limitations associated with specific data sources, as well as the time and costs involved, is critical. Cohen noted, "Transparency is key,” adding that it is essential to communicate potential challenges promptly. He asserted that a proactive approach is crucial to avoid delays or unexpected complications.
Judkins echoed the importance of transparency, stating, “You can make yourself the star of your organization by not being afraid and asking questions.” This perspective reinforces the idea that a thorough understanding of data sources can empower legal teams to make informed decisions and approach the complexities of modern e-discovery with greater assurance.
Ultimately, as the breadth of alternative and off-channel data sources expands, a uniform and systematic approach to data collection and management will enable legal teams to effectively navigate the complexities they face today. Such methods are vital in establishing the trust and transparency that are paramount in the e-discovery process, fostering better outcomes for businesses in their legal undertakings.
Source: Noah Wire Services