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What happened since the last eDiscovery day

Jeffrey Wolff
Nov 30, 2017 11:01:07 PM

Today, December 1 is eDiscovery Day, an industry-wide day of celebration for eDiscovery's role in the legal process. Why December 1? Well, 11 years ago on December 1 the Federal Rules of Civil Procedure (FRCP) were adjusted to cover, what we refer to today, as eDiscovery.

Starting December 1, 2006, the US legal system allowed the discovery of any kind of electronically stored information, regardless of its format and location, and we all know where that lead us! So we thought today is a good day to reflect on this ever-changing world of eDiscovery and take a quick look back on four development that shaped eDiscovery since the last eDiscovery Day on December 1st, 2016.


Artificial Intelligence is here to stay

In 2017, Artificial Intelligence (AI) clearly made its mark on eDiscovery. Meet with initial cautions and heavy debate, techniques like Machine learning, technology-assisted review, data mining, predictive coding, and analytics are all AI-examples that have become an integral part of most eDiscovery solutions.

With ever-growing volume of data, leveraging AI-technology is essential in eDiscovery to keep the process timely and provide results as cost-effectively as possible.


eDiscovery moved beyond litigation

Legal professionals primarily used eDiscovery when working on cases in litigation, regulation and arbitration. Fueled by an increasingly complex and aggressive regulatory environment and stricter rules for privacy and security, corporation nowadays also use eDiscovery in a more anticipatory manner. Corporations use eDiscovery technology to identify and pro-actively address potential risks during Merger & Acquisition M&A due diligence, managing a venture capital or private equity deal, refinancing, fundraising, seeking permission to merge, pro-actively investigating FCPA issues or conducting any other kind of complex corporate transaction

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The challenge of GDPR is real

The challenges of cross-border eDiscovery have been very real for international companies that were facing information requests from other jurisdictions. Especially transferring ESI between the USA and the EU poses a variety of complications.

The General Data Protection Regulation that comes into effect in May 2018 brings a new dimension to eDiscovery. It does not matter if you are a European company or not: the GDPR will regulate activities involving the personal data of EU citizens all over the world. Companies are only allowed to process and store data of European citizens if they can prove compliance with the strict rules of this regulation.

eDiscovery is essential to obtain GDPR compliance. Advanced text-mining technology can be used to provide a full list of (pre-defined) Personally Identifiable Information (PII) and auto-redaction will ensure that PII is anonymized or pseudonymized before information is transferred to a regulatory agency outside of the EU or disclosed in a virtual data room. For more information on preparing for eDiscovery under the GDPR, you can join us for a 30 minutes webinar on December 7.


We are all in the Cloud now

When ZyLAB mid-2016 was the first to deliver eDiscovery on the Microsoft Azure platform, it was still very mainstream to bring eDiscovery in house. But since ninety percent of the data in our world today has been created in the last two years alone and it is estimated that we create 2.5 Quintillion bytes of data per day, it makes sense to move on-premise solutions to secure hybrid cloud applications for processing, review and production.

And our personal highlights of last year? Read all about it in the post “Happy eDiscovery Day”.

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