“Q: Since electronic information is an intangible item, what are some of the more common issues that arise for your clients in e-discovery practice?
A: Clients will often ask about the best ways to manage the enormous amounts of data that they create on a daily basis. I will work with clients to focus on what needs to be preserved and eventually needs to be collected in any given case – this can affect not only the scope of the litigation but also the cost. E-discovery is becoming a much more complicated area than it used to be. Emails and documents saved on a computer or server used to be all that clients needed to worry about, but in recent years that has changed. Courts now expect parties to be able to preserve text messages, instant messages sent through corporate systems, and also different forms of data saved on the cloud. Companies are also realizing that they need to have a better grasp on the data that they create. This is a developing area where I have been keeping busy lately, and where I think there is a lot to be learned as far as the new ways in which people are communicating and the resulting data that is being created.”
As I wrote earlier this week, the importance of information governance is growing. Whether you want to talk about keeping it secure, or deciding whether to preserve it as part of eDiscovery, you have to know what and where it is first. That is becoming more complicated as we move along.