Master EDiscovery by Managing Complex Modern Data Sources

In a blog post on the ACEDS website, Ari Kaplan discussed how emerging modern data sources for eDiscovery have evolved beyond traditional physical records into dynamic, multidimensional formats. These sources include social media, cloud storage, IoT devices, and collaboration tools like Slack and Microsoft Teams, and are designed for functionality rather than litigation readiness. Their dynamic nature and lack of standardization pose significant challenges for preservation and collection during eDiscovery processes. 

In a recent ACEDS webinar, experts highlighted the importance of understanding and categorizing these data sources for effective management. Winston & Strawn’s Scott Cohen emphasized the need for education on emerging data challenges through CLEs and client presentations, while T-Mobile’s Sonya Judkins recommended proactive strategies to anticipate and address incoming data complexities.

Modern platforms often require significant adaptation for eDiscovery, particularly for encrypted or off-channel data sources. Tailoring these tools to litigation needs can be costly and time-intensive. Transparency and clear communication with clients are critical for setting realistic expectations around data accessibility, costs, and timelines. Cohen stressed the importance of addressing potential challenges early to minimize risks and optimize cost-effective responses.

Ultimately, trust and informed decision-making are central to successful eDiscovery. Legal teams must balance the benefits of retrieving records with logistical challenges, leveraging education and a comprehensive approach to collections. As modern data sources continue to expand, proactive strategies and open communication will empower organizations to navigate eDiscovery with confidence and control.