Managing Director, FTI Consulting
The transformation in where and how work happens has had a direct impact on the data that serves as evidence and/or creates risk in legal and regulatory matters. While the end user functionality of collaboration, productivity, cloud-based and remote work tools continues to evolve, the backend result for legal and compliance teams will become increasingly complex.
Organizations need to buckle up as emerging data sources continue to drive up volumes in e-discovery and the data repercussions of the March 2020 shift to remote work begins to manifest in discovery workflows. Alongside this shift, physical data sources like laptops and mobile phones will decline in significance in many private civil ligation discovery matters but will become more critical in internal investigations and IP theft litigation.
We’re also likely to see more impactful caselaw relating to emerging data sources—particularly around linked content, permissions and dynamic versions—come out of the U.S. courts. The organizations that continue to address emerging data sources in their legal operations and information governance programs will be better prepared than most for the myriad e-discovery implications on the horizon.
To help organizations better understand these issues, and how to prepare, our team has compiled several predictions for 2022 in the emerging data sources and e-discovery arenas. These include:
The views expressed herein are those of the author(s) and not necessarily the views of FTI Consulting, its management, its subsidiaries, its affiliates, or its other professionals.