Nobody wants litigation. If it has to happen, it needs to be run as smoothly as possible.
In modern business, data and information are often integral to legal proceedings. When the legal process of gathering information is efficient, transparent, and trustworthy, reputations and budgets can be preserved.
However, this rare outcome will likely become even rarer in the future, thanks to the flood of data AI is unleashing across business ecosystems. According to IDC, the global datasphere will grow from 45 zettabytes in 2019 to 175 zettabytes by 2025, with enterprises creating 60% of this data.
The increase in data volumes poses a significant challenges for teams involved in gathering data. Unless of course compliance leaders and their legal advisors take a moment to reflect on the future and map a better path that allows them to cope with the triple threat of increased data volumes, bewildering regulatory complexity and disorderly digital ecosystems…
Identifying, collecting, and producing electronically stored information (ESI) for legal cases is known as electronic discovery, most often referred to as “eDiscovery” by the legal and compliance teams who manage this process.
eDiscovery is where legal teams uncover relevant evidence, establish facts, and build compelling arguments, all based on data and digital information. The process is described in the industry-standard Electronic Discovery Reference Model (EDRM). Developed to provide a structured approach to managing electronically stored information (ESI) in legal proceedings, the EDRM model is essential for ensuring compliance and efficiency in eDiscovery.
eDiscovery based on the EDRM model involves several stages:
The model is typically presented as a flow diagram, like the one below.
Increases in data volumes and velocity may pose significant challenges for teams involved in gathering data, and this does mean that teams need systems that can cope with magnitude.
However, that's not the only problem to tackle, because eDiscovery is not just about data retrieval; it ideally involves protocols designed to ensure that any information shared with third parties is reliable, authentic, and, critically, has not been tampered with. Evidencing the integrity of the ESI produced and presented during eDiscovery is uppermost in a compliance leader’s mind, as it can significantly influence the outcomes of legal proceedings.
The final, “Production” and “Presentation”, stages of eDiscovery are the most challenging and crucial as they involve showcasing electronically stored information (ESI) to stakeholders, such as legal teams, courts, and regulatory bodies. It’s where things tend to break down and is therefore essential to get right.
During the Presentation stage, ESI is presented in a comprehensible and usable format for legal proceedings. Reaching for high standards at this stage is vital for several reasons:
Failures in the Presentation stage can have severe repercussions, including mistrials, sanctions, and adverse legal judgments. Here are a few examples:
These examples demonstrate that the Presentation stage is not just about the process—presentation can itself shape legal outcomes. That is why proper handling, transparency, and accurate presentation of ESI are indispensable to compliance and legal teams.
Data transparency in the context of eDiscovery refers to the practice of ensuring that electronically stored information (ESI) is presented in a way that is complete, accurate, and unaltered. This involves maintaining clear and open records of how data is collected, processed, and reviewed to ensure that all parties can verify the integrity and authenticity of the information.
The key principles of data transparency are completeness, accuracy and unaltered ESI.
Any lack of transparency in presenting data can lead to negative outcomes, such as:
Transparency in eDiscovery can be pivotal in achieving favourable legal outcomes. For example, in a complex intellectual property dispute, a law firm used eDiscovery tools to efficiently process vast volumes of electronic data. This enabled them to identify key evidence faster, leading to a quicker resolution of the case (Conventus Law).
In another instance, a multinational corporation used eDiscovery solutions to ensure data retention and privacy regulation compliance. These tools helped the company efficiently locate and produce necessary records during regulatory investigations, minimising legal risks and avoiding penalties (TERIS).
Compliance teams, legal teams and the judicial authorities all benefit from transparency.
Ensuring data integrity and transparency in the presentation phase of eDiscovery is key. Advanced tools, especially those backed by blockchain technology, are essential for achieving this. These tools create an immutable ledger that securely logs every action in the eDiscovery process, from data collection to presentation. This guarantees the authenticity and reliability of the data.
A robust eDiscovery monitoring tool, which employs blockchain, provides an unalterable record of all activities. This immutable ledger ensures the data remains unchanged and verifiable, maintaining its integrity. Such tools also integrate with cloud platforms, enhance data security and accessibility, and provide a secure basis for data sharing with external parties.
Blockchain based solutions in the production and presentation phases of eDiscovery offer some significant advantages to teams that use them for eDiscovery
Ensuring transparency in the presentation stage of eDiscovery is like navigating a ship through treacherous waters: without a clear and reliable compass that everyone trusts, the journey will end in disaster. Transparency isn't just an option; it's the compass guiding the legal process to fair and just outcomes, ensuring that data is complete, accurate, and unaltered.
Ask yourself…
Adopting best practices in eDiscovery, such as rigorous documentation and transparency of action, is essential. Are you prepared to implement these safeguards, or will you let your data integrity sink?
Leveraging advanced technological tools, particularly those incorporating blockchain technology, enhances transparency by creating an immutable record of all activities. This isn't just a tech upgrade; protecting data integrity and building stakeholder trust is essential. Are you ready to take this step?
By embracing these practices and technologies, businesses can confidently navigate the complexities of eDiscovery, ensuring they meet regulatory requirements, reduce costs, and achieve better legal outcomes. Will you take the helm and steer your organisation towards success?
Just as a reliable compass is indispensable for a successful journey, so is transparency, guiding the eDiscovery process to its rightful conclusion.
Are you equipped to make this journey, or will you be lost at sea? The choice is yours - flounder in the flood of data or ensure transparency and navigate towards a successful outcome for you and your business.