eDiscovery is essentially dependent on today’s growing technology to provide various tools for handling the intricate tasks involved in litigation. The mushrooming business fraternity is a target to many a lawsuit, thus creating a need to implement various ways to collate tangible evidence. Organizations are interested in law firms that go beyond legal representation and also provide overall customer service. The litigation practices that are most likely to survive in the future are those that can provide exceptional services in terms of guidance on the choice of the best legal disclosure practices. It therefore becomes imperative to uphold and store this data that is accumulating at such an uncontrollable rate.
Organizations are on the look out for effective discovery methods that can not only help in locating data, but also bring up pertinent data for a specific legal matter. The key to sustenance and survival is adaptability to change. And it is indeed a grueling challenge to balance costs, expenditures and reserves with competition moving at a fast pace. As the legal profession is fast adapting to eDiscovery, there are new strategies and practices that need to be kept in mind. While these changes aren’t going to be very dramatic, there is going to be a focus on the way eDiscovery is managed and how it is organized. Here are a few top trends that are likely to prevail in 2011.
Top Five eDiscovery Trends for 2011
1. Sound Means of Data Collection – Automated processes as a best practice for data collection are likely to be more prevalent in 2011. Automated processes are more reliable, accurate and affordable when compared to the manual processing of data. Manual processes used to be deemed more legally defensible, but better technology has proved that automated methods are more prone to better reliability. eDiscovery’s Acceleration Platform is designed to provide a solution to rising costs and stringent litigation deadlines.
2. Ongoing Mergers – As we expect to see more acquisitions in the coming year, it is inevitable that such consolidations will impact the marketplace. A good number of corporations are acquiring smaller pure-play eDiscovery companies. These acquisitions could add further enhancement to its already considerable archiving and record management products.
3. Large Volumes Are a Certainty - It is becoming increasingly necessary to process large amounts of data in a short period of time as scalability is in high demand. There will be a huge transformation in terms of the review and analysis of data in large volumes, and there is bound to be an alignment of realistic expectations with the proportionality of data.
4. Collusion of Cloud, Social Media and eDiscovery – Most companies are fast learning to embrace social media, and many have almost accepted cloud computing as a storage substitute. It is becoming increasingly important for companies to start paying closer attention to the benefits and challenges that these growing technologies pose.
5. The Advancement of Global eDiscovery – The legalities of data storage and global communities are bound to develop faster than expected as more countries are adopting e-Discovering methodologies. The main challenge of global eDiscovery is that enterprises involved with cross border litigation are subject to strict rules and regulations. Hence, the complexity of international eDiscovery will be purged, and there will be a reduction in the cost and risk associated with processing and exporting electronic evidence across multiple countries.
Today eDiscovery is one of the largest information governance drivers. There is an ability to create solid business cases for refining information governance practices, thereby reducing the volume of records flowing into eDiscovery systems and resulting in real cost savings.