Be a Jetson, Not a Flintstone: 7 Tips for Social, Mobile, & Cloud in E-Discovery

by Exterro, Inc.
Contact

Exterro's Comprehensive Guide to E-Discovery Data Collection

We’re all used to how quickly technology changes these days – one moment something is all the rage (remember Pokemon Go?) and within months, it’s ancient history. Those platforms that do stand the test of time become so ubiquitous (nowadays, Facebook is your grandma’s social media) it’s hard to remember life before they existed.

In the legal world, lawyers tend to be slow adapters when it comes to technology, but with the influx of new data types and growing data volumes, your team needs to be more Jetson and less Flintstone when it comes to e-discovery.

This year at LegalWeek NY, Robert Cruz and Jonathan Rudolph of Actiance were on a panel called E-Discovery in 2017: Social, Mobile, and Cloud Go Mainstream, where they discussed some of the trends that are happening within the industry:

  • The Cloud has won when it comes to messaging: 75% of organizations have already invested in cloud based messaging, and another 20% will do so in the next 12 months. So, it's not a matter of if, but of when.
  • There are so many new messaging types that must be discoverable, many you might not think of. One example was of a company needing to be able to collect data from Zillow, a real estate app, because there is a messaging option where you can contact a realtor directly.
  • Some of the challenges these cloud-based messaging apps present are that many aren't educated on company policies regarding them, or there are no policies in place. As Jonathan Rudolph stated, "With these applications, people don’t think before they type. When you allow people to share documents with these application, you will get things that might not have otherwise been shared. Which means they can potentially be brought into a litigation. Having policies in place and educating users on them is the only way to fight against this."
  • There is a new FRCP amendment coming December 1st, 2017: Rule 902(14). The amendment will state that ESI must be self-authenticating so that there is no need for a forensic or technical expert, except in very specialized cases. This will cause custodian self-collection, screen scraping, etc. to become more severely scrutinized. But at the same time, the cost savings from this will be immense.

Last November, Robert wrote a guest blog for Exterro, where he laid out some tips for e-discovery preparedness in 2017:

  1. Gain Visibility: As you continue to refine your eDiscovery protocols, ask yourself if you really have a handle on the communications tools in use by your company today. If it has been more than 6 months since you asked yourself this question, it might be a good time to pay a visit to the IT messaging guys.
  2. Revisit Communications Policies: next stop should be with those who have responsibility for shaping corporate communications policies to determine if existing policies are expansive to address new communications forms. Many firms today have developed a social media policy, but it is easy for those policies to have become static or ineffective in guiding behavior around the latest generation of rich collaborative tools. Policies should be inspected including clarity of acceptable and prohibited uses of specific features of each technology.
  3. Refresh Employee Training: Of course, disseminating the policy within your company is arguably as crucial as the creation of the policy itself. It is critical that employees are sufficiently kept informed of the acceptable uses of new tools, and have a defined resource/program to turn to with questions.
  4. Automate Policy Enforcement: training is a necessity, but training alone is rarely sufficient to ensure that policies are adhered to. Attempting to manually enforce policies through the native capabilities of each tool is typically not effective – so exploration of 3rd party tools that provide feature control and policy enforcement for each communication channel can be a worthwhile investment to minimize potential discovery risks.
  5. Understand Social Identification & Collection: As you plan for future eDiscovery, make sure you fully understand what mechanisms are available to collect ESI from sources like Twitter, Jabber, Skype for Business, and LinkedIn. If native APIs are not available – or if they lack the ability to preserve a complete record of that social communication – then it is time to explore 3rd party tools or services that can automate the collection of those sources.
  6. Preserving Non-Email Sources of ESI: Similar to the point raised above, each new communications tool is likely to require a unique approach to preservation. Understanding tools available to preserve social posts – along with metadata and subsequent changes or deletions to those posts – should be an area of pre-litigation due diligence in order to meet the new FRCP ‘reasonable’ standard of preservation.
  7. Conducting Non-Email Review: Finally, as you examine the tools you have in place to manage document review, make sure they can preserve the rich metadata and conversational context from non-email communications channels - and that don't force you to review these items as email (as many do). Converting a conversation that happened on LinkedIn to email not only lengthens the time and expense of review, but also increases the chances that some important part of that conversation was missed entirely in the review process.

For more on this topic, Robert Cruz joins webcast speakers Craig Ball (e-discovery blogger), Tara Jones (lead paralegal, AOL), and Zach Warren (editor-in-chief, Legal Tech News) on an Exterro sponsored webcast: Mainstream News & E-Discovery: What You Should be Watching Out for in 2017. To watch on demand, click here.

Written by:

Exterro, Inc.
Contact
more
less

Exterro, Inc. on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
Privacy Policy (Updated: October 8, 2015):
hide

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.

Security

JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at info@jdsupra.com. In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at: info@jdsupra.com.

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.