Defining a “Conversation”

Defining a “Conversation” in eDiscovery: eDiscovery Best Practices

As Cimplifi discusses, the rise of messaging platforms has ushered in a new era of conversational ESI, making defining a “conversation” important.

In their post titled (wait for it!) Taming Modern Data Challenges: Defining a “Conversation” (available here), Cimplifi discusses how as long as there has been a discipline called “eDiscovery”, there has been conversational data. Historically, that has been most common in emails that reflect conversations between multiple parties. However, unlike email, modern chat and messaging tools result in ESI that is fluid, fragmented, and contextual. These platforms are designed for real-time, informal collaboration.

This conversational data reflects how business gets done today – decisions are often made “on the fly”, questions are asked and answered in rapid succession, and actions are coordinated across distributed teams. From a discovery standpoint, this data can be highly relevant, but it often defies the traditional assumptions and workflows built around document-centric discovery.

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There are several ways conversational ESI stands apart from its more conventional counterparts. Here’s one of them:

Volume and Redundancy: High-frequency, low-substance messages (e.g., “OK”, “Got it”, or even a “thumbs-up” emoji) create noise in review. Conversely, meaningful decisions may occur in fleeting exchanges that might be easily overlooked if review is forced into a document paradigm, based on arbitrary time-based “chunks” like 24 hours per “document”.

So, what are the other ways in which conversational ESI is different? What are multi-channel conversations? And what discovery strategies should you apply to conversational data? Find out here, it’s just one click! The conversation is just getting started! 😉

So, what do you think? How is your organization taming modern data challenges in eDiscovery? Please share any comments you might have or if you’d like to know more about a particular topic.

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Image created using GPT-4o’s Image Creator Powered by DALL-E, using the term “robot lion tamer holding a whip and holding a chair taming a robot lion”.

Disclosure: Cimplifi is an Educational Partner and sponsor 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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