This is an interesting article by Lianna Donovan at Nelson Mullins looking at the changes eDiscovery professionals have faced over the past 12 months and which ones are likely to continue as we move through the coming year (and beyond).

I think it’s fair to say that just about everyone in the world has had a very different 2020 and start to 2021 than the one they were expecting. And although progress is being made with treatments and vaccinations, the world is not going to suddenly flip back to how it was before. Certainly, some of the changes we have made to our working styles and indeed our behaviours will become our new standard working practices as we continue through the new normal.

Two such changes are highlighted in this article; virtual managed review and the adoption of videoconferencing and collaboration tools. The second one of these is of particular interest to me given the widespread use of these tools in business and what that means now and in the future in respect of identifying, collecting and processing data from these tools as part of an eDiscovery exercise.

Hopefully organisations embracing these technologies are considering this proactively and ensuring that the appropriate data is recorded and preserved as required. But given the speed at which these were rolled out, I think it’s fair to say that it’s likely that this was not a prime consideration at the start, therefore they may need to be dealt with reactively or retrospectively.

I think - what is important here- is not only ensuring the forensic audit trail of all data, but also ensuring that everything is managed, tagged, disclosed and carefully tracked. Ultimately it is important to ensure you can trace how, and to whom, data has been sent.

In these situations, it’s essential that there is a close relationship between the legal team and the technology professionals to ensure that everything runs smoothly, to time and is fully tracked.

If you would like to know more about our team or our experiences in this field, please let me know.