eDiscovery is rapidly evolving.  Just as lawyers and litigation support teams begin to get comfortable with one generation of technology, the next is already being introduced by partners and vendors, leaving those responsible for overseeing a matter with many questions about whether they’re using the right tools in the right way for the best outcomes.   As Judge Shira A. Sheindlin shared about one example, “Technology assisted review (TAR)…is changing the legal world…no longer will there be reams of young, unhappy associates doing doc review…the machine does it better.”

Two recent articles on eDiscovery’s technology evolution address concerns that we’ve heard from the legal community.  Read below to hear what Judge Shira Scheindlin and Chris DeMarco have to share.

Judge Scheindlin: Appellate Judges Know Nothing About Tech

At the 2015 Big Law Business Summit, Jason R. Baron of Drinker Biddle & Reath had the opportunity to interview Judge Shira A. Scheindlin on some of the changes she has observed in law since taking her seat on the bench 21 years ago. Judge Scheindlin shared that she has seen a great deal of change in the last two decades but that the biggest change she has experienced has been in the use of electronic stored information (ESI) which obviously impacts the entire discovery process.

Click here to hear her expound on the impact of ESI and view the interview in its entirety.

Volume and Diversity: Preservation Challenges of the New Data Reality

In “Volume and Diversity: Preservation Challenges of the New Data Reality,” Chris DeMarco reaches a similar conclusion to Judge Scheindlin’s regarding the impact of ESI: “(N)ot only are organizations creating and storing more electronic data than thought conceivable a decade ago, but the potentially relevant sources of that data also continue to diversify.”

This last assertion regarding the persistent diversification of the data is one we recently touched on. As both Judge Scheindlin and Mr. DeMarco have suggested, greater data volume and diversity can render the eDiscovery process as long, costly and arduous. Interested in learning more about the impact of our “New Data Reality”? Click here to read the article in its entirety.

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