Deloitte Transactions and Business

Thought Leader Observations from the Deloitte Transactions and Business Analytics Team, Part Two: eDiscovery Trends

I recently interviewed multiple thought leaders from the Deloitte Transactions and Business Analytics LLP team on industry trends. We covered so much that we couldn’t fit it all in a single blog post.  Part one of the interview was published Monday, here is part two.

Recently, I asked the team for their observations on the eight trends that were discussed in eDiscovery Today’s 2023 State of the Industry report, released last month. Here are their observations on three more trends.

What do you think is the biggest challenge organizations face today regarding discovery of mobile device data?

  • Krystal Thompson, Solution Manager: Data types are evolving so quickly that it can be a challenge for tools and organizations to stay ahead of these changes. Though the tools are constantly being updated to address new mobile applications, organizational challenges to address and vet these continuous updates can lead to delayed implementation.
  • Colleen Straniero, AVP, Service Delivery: Mobile Device operating system updates across platforms are constantly being pushed out. These updates make it difficult for mobile device collection/preservation tools to keep up.
  • Kelley Hempson, Senior Solutions Delivery Manager: I feel the biggest challenges regarding discovery of mobile device data today are the changing data types that need to be known, understood, and able to be collected and formatted for analytics/processing/review. Additionally, the increase in the variety of mobile data sources/devices continue to evolve and staying current on what those are is an ongoing challenge.

To the extent that organizations are not yet addressing data from collaboration apps, what do you think is the biggest reason they are not doing so?

  • Pat McColloch, Managing Director: Likely there is still the age-old disconnect between IT and Legal. When installing these collaboration apps, if there is not a partnership between IT and Legal, the technology could be configured in a manner that fails to consider how data will be collected, implementation of data holds, records management, etc.
  • Kelley Hempson, Senior Solutions Delivery Manager: If organizations don’t understand what collaboration apps their employees are using, then they are potentially missing a lot of data as part of a good information governance program. There is concern over the increase in shadow IT caused by employees’ frustrations over information systems inhibiting their ability to use software and apps to increase team productivity and efficiency. What they don’t know, they don’t know.
  • Amy Van Meter, Service Delivery Manager: A lack of understanding on how to forensically collect data from these applications is a common issue as new applications are created and therefore legally-defensible methods need to be considered and set.
  • Nicholas Wittenberg, Specialist Leader: A few of the reasons collaboration apps are sometimes not adopted from certain organizations are lack of understanding, cultural resistance to updating, and the fear that once an organization adopts a new solution or platform it will quickly be outdated.
  • Colleen Straniero, AVP, Service Delivery: The data from collaboration apps may be regularly deleted as part of retention policies.

Besides litigation, what do you think is becoming the most common use case for eDiscovery technology and workflows and why?

  • Nicholas Wittenberg, Specialist Leader: Data management. Organizations all too often work in silos. However, when the appropriate parties come to the information table, they realize how the same information is not only helpful for litigation, but that same data can be helpful in numerous other areas such as investigations, improving HR and workplace culture, identifying the decision-making process, financial, health and safety issues, and so many other areas where the same piece of data can have its usage maximized. This is much more efficient, as copies of data are not being replicated and is also more sanitary as there are fewer data discrepancies when a group is looking at the same data but for different applications. This may cause some concern as with great power comes great responsibility for any industry. However, as artificial intelligence is rapidly advancing it can be used symbiotically while also minding the underlying privacy concerns.
  • Jessica Moran, Service Delivery Manager: eDiscovery technology and workflows provide broadly applicable capabilities—they just need to be let out of their corner! From adjacent work like internal investigations to other data-heavy use cases like crisis response or data breach, to dispersed collaboration, there is incredible potential for impact.
  • Kelley Hempson, Senior Solutions Delivery Manager: Investigations and Disclosures such as FOIA. The foundation of the EDRM drives the same workflow for disclosure responses and investigations: in all scenarios, the data must be identified; secured so it’s not deleted or lost; collected, processed, analyzed, and reviewed for responsiveness; privileged and privacy data redacted; and then provided to the requesting party. Whether the data is part of an investigation or in response to a FOIA request, the same technology and workflows can apply.
  • Pat McColloch, Managing Director: Within the government space, outside of litigation, eDiscovery technology and workflows are used for other disclosure requirements including FOIA and Congressional Inquiries.

We’re not done yet! The third and final part of my interview with the Deloitte Transactions and Business Analytics team will be published on Friday.

So, what do you think?  Please share any comments you might have or if you’d like to know more about a particular topic.


Disclosure: Deloitte is an Educational Collaborator of eDiscovery Today

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by my employer, my partners or my clients. eDiscovery Today is made available solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Today should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

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