The topic of e-discovery continues to become an important area of enterprise risk management focus and is an area which our staff continues to monitor.  It is with that thought in mind, that brought our staff to recommend a recent posting by Aiith Samuel.

Samuel’s posting addresses trends and predictions for 2013 in which Samuel summarizes, “…e-discovery practices in 2013 will now involve other critical functions, including information governance, records management, social media and cyber-security, just to name a few.”

Of the many postings reviewed regarding e-Discovery trends or predictions for 2013, our staff recognizes and recommends Aiith Samuel’s posting as one to add to your risk management team’s reading resource library.

A summary of some of Samuel’s hot e-discovery trends to watch in 2013 are:

  1. The Convergence of E-Discovery and Information Governance — To meet judicial expectations, both IT and legal must work collaboratively to ensure a defensible preservation process, which includes issuing legal holds, monitoring the systematic suspension of corporate disposition policies, ensuring employee compliance, collecting the ESI and storing it for downstream attorney review. While on paper this may appear to be easy, the process grows more complex as the gathered data has to be de-duplicated, indexed, categorized, reviewed and produced, generally within very tight time-frames.
  2. The Application of Predictive Technologies Across all E-Discovery Phases — Properly applied, predictive technologies can give legal teams early insights and better understanding not only of the potentially relevant evidence, but also of their case strengths and options that can drive these savings. The next evolution of predictive technologies will be its transition outside of the review bubble into the earlier stages of the discovery process, prior to ESI collection.
  3. The Globalization of E-Discovery Beyond the EU — Many e-discovery technologies are not particularly suited for projects involving foreign data and can actually exacerbate risks. In addition to seeing a greater push towards education surrounding international discovery laws, e-discovery software providers will continue to advance their technologies to better meet the compliance needs of global organizations.
  4. The Continued Migration of E-Discovery to the Cloud — The rapid adoption of cloud computing has revolutionized how organizations store ESI and engage with technology. Cloud computing activities run the gamut from simple access to unlimited data storage to hosting software owned by a company to providing a subscription to use the functionality of software owned by someone else. The impacts of the Cloud on e-discovery technology will continue to be equally transformative in 2013 as more and more organizations begin reaping the benefits of cloud hosting.
  5. The Expansion of E-Discovery Outside the Litigation Bubble — By definition, e-discovery is a legal process most commonly applied during litigation. However, many e-discovery practices are applicable in other areas. For example, a typical regulatory investigation involves an organization being compelled to turn over ESI concerning specific business units, employees, keywords or dates. In fact, regulatory inquiries often involve tighter deadlines and have less room for negotiating more favorable search parameters than civil litigation matters.

Ajith Samuel is the executive vice president of process innovation at Exterro and leads the company’s trailblazing product strategy and marketing teams. Samuel has 15 years of experience in regulatory compliance, designing and architecting large-scale information systems for the insurance, retail and futures industries.

If applicable, please pass this information along to those e-discovery risk management team members in your organization.

Click here to read in more detail, Samuel’s full article.

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