Modern Challenges and Key Takeaways – eDiscovery Investigations Series, Part 5
A multi-part series discussing the realities of eDiscovery in the context of investigations
by Matthew Verga, JD, Xact Data Discovery
“I never look back, darling. It distracts from the now.”
– Brad Bird, The Incredibles
In the first Part of this series, we reviewed the categories of investigations in which companies are frequently involved and their general eDiscovery ramifications. In the second Part, we discussed the need for speed and secrecy and ways to achieve them. In the third Part, we reviewed the need for nuanced analysis and review and available tools and techniques for it. In the fourth Part, we reviewed the need to be prepared for later litigation. In this final Part, we discuss some modern challenges and key takeaways.
We have talked before about the endless evolutionary march of consumer technology and the challenges it poses in litigation. New devices and methods of communication are developed regularly, and popular ones are adopted by consumers rapidly. No one got in trouble for failing to preserve text messages, until they did and did and did. The same thing was true for social media, and it will soon be true for some other, newer technology. In the investigations context, concerns about spoliation sanctions may not apply, but losing – or missing – the information you need for your investigation is still an undesirable outcome for the organization.