Bring on another year of technology that shapes caselaw! As we cheer in the New Year dirtying our suites with expensive champagne and boasts for future successes, solutions and improvements, we also ready the big guns in this last-ditch effort to expand, improve, and take charge. And frankly, all I can do is say our thanks that the real bomb of the year – the unpredictable holidays, are finally over. I can finally get some work done around here!
2014 was unpredictable for coding case law – and the top prediction may sound like a bit of a no-brainer, but I’ll get started and don’t hesitate to add comments below should you have any.
1. Caselaw for eDiscovery Review will continue to be, er… unpredictable.
Sorry guys, this one’s a doozie I know! But in all seriousness, while the courts have “accepted” eDiscovery review methodology, on the legal side we’re all still going to be dealing with a ton of annoying milestones that I can only hope will be overturned in 2015. Validation methods, disclosure, simplification of ESI cases and methodologies are still all on the radar in a per-case sense of the phrase.
2. Social Media Apps will make your process a living nightmare, if you’re not prepared!
So many new and popular social media apps have lept onto the scene – especially with messaging and “anonymity” capabilities. Needless to say, the ability to track a user and subpoena “private” data is going to become essential in such cases where people have taken liberties with their “free” anonymity. Violent threats and criminal confessions are just a few things to expect from the Social Media App world.
3. FRCP Amendments will have everyone scrambling. Better to get compliant now.
eDiscovery’s new rule: proportionality FRCP 26(b)(1) is being amended by the end of 2015. The reason? To place a cap on eDiscovery costs, ensuring that they are in proportion to the total amount liable in a case.
As eDiscovery experts and enthusiasts, we can only suggest tackling this head-on. eDiscovery is still in its infancy, and as electronic data grows, so will eDiscovery, causing the proportionality law to become more and more relevant. Why is this?
Speed in which data is growing is much greater than the rate at which data programs are able to develop.
The outcome: organizations will have to deal with both structured and unstructured data for litigation purposes.
We at 5i have already scaled down the threat of Big Data in relation to this impending proportionality law. With our solution, organizations can still work with Big Data, but also scale down the approach as Information Governance comes in to play.
4. Cloud and Mobile Device eDiscovery Compliance will continue to be a source of frustration in teh new year.
Lawyers must gear up to be ready for properly stored information and prevent violations in data stored in clouds. Use of your mobile device must be compliant – and while you may have gotten away with some of this in 2014, the new year hails that anyone cheating with work over mobile will pay the price: important discovery stricken from the record.
Guarantee your safety with the proper mobile and electronic data cloud storage options – 5i has compliant solutions already in effect to prevent this embarrassing eDiscovery faux pas.
5. Outsourcing eDiscovery will become a commonplace method of protecting your firm.
It’s a simple fact that a law firm or organization cannot afford the time waste and threat levels in losing important case documents over poorly performed, in-house eDiscovery. As prices skyrocket and laws change, LPO options will be much more cost-effective than the alternative, as well as being in demand. Discover your options for simple EDD in 2015!