News &
Developments
January 14, 2014
Big Data:
Concerns and E-Discovery Processes
Big Data is the term used to describe a collection
of data sets so large and complex that it is
difficult to process them using conventional database management
tools or data processing applications. The challenges include capture,
curation, storage, search, sharing, transfer, analysis, and visualization.
The amount of data stored on a typical company’s servers, individuals' laptops, and personal devices is a major concern for corporate counsel, given the threat of litigation. This often causes bloated litigation costs, as one will now need to search, retrieve, review, and process voluminous and diffuse data, thus creating a spiraling effect when repeated for every as every litigation matter.
Big Data and e-discovery are dynamic, which will always raise a number of complex questions. How will one preserve and collect potentially relevant data? What tools can be used to process and review for privilege and responsiveness? What will production of Big Data electronically stored information include?
There is a huge need to identify and implement sound policies, tools, and workflows to preserve, collect, process, review, and produce data for privilege and responsiveness. Clear definitions of a company’s policy on personal devices, social media, data retention, and legal holds are necessary, along with well-documented e-discovery best practices outlining workflow. These undertakings reduce the risk of spoliation and, as a consequence, the risk of sanctions.
Some techniques used to reduce risk and cost include creating an automated legal hold for custodians that are most likely to be subject to litigation and implementing the appropriate tools for data review and processing. Also critical is the establishment of a platform that offers a data repository for all work products and a proactive meet-and-confer with opposing counsel within a defined production format and schedule.
Keywords: technology for the litigator,
litigation, big data, data processing, databases,
social media, data retention, spoliation, electronically stored information,
e-discovery
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