What’s the state of eDiscovery today (little “t” 😉)? Rick Clark of CloudNine recaps a discussion of a session from the Masters Conference Philadelphia!

His post (The State of eDiscovery: Case Law and Hot Topics — Masters Conference Philadelphia Recap, available here) discusses the kick-off session to the event. Moderated by Nicole Marie Gill of CODISCOVR, the session brought together thought leaders Nicholas Berenato (CODISCOVR), Jerry Bui (Purpose Legal) and me to explore recent case law shaping discovery practice and emerging trends redefining how organizations manage modern data.

As Rick notes, our panel covered a variety of topics from possession, custody, and control disputes to the challenges of deepfake evidence and AI-generated content, offering a timely look at how courts and practitioners are adapting to rapid technological change. Here’s one of the topics Rick highlights:

Emerging Technologies and the Information Governance Connection 

Turning to the “left side” of the EDRM, Gill asked how emerging technologies are influencing information governance (IG) and discovery readiness. 

• Berenato stressed the need for AI frameworks, governance training, and data minimization strategies to manage risk. 
• Bui highlighted the value of preservation-in-place strategies and the importance of involving corporate IT early, leveraging tools like Microsoft 365 and Purview to make IG data more searchable. 
• Austin cautioned that as data organization shifts away from solely custodians, in-place preservation can become problematic, expanding the scope of legal holds. 

So, what other observations came out of our session on the state of eDiscovery? Find out here, it’s only one click and the only way to find out things we did “state” in our session! 😉

So, what do you think? What are the key trends in eDiscovery today? Please share any comments you might have or if you’d like to know more about a particular topic.

Disclosure: CloudNine 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.