NightOwl Discovery Looks Ahead at Industry Trends

  1. Non-traditional ESI sources are being addressed in only about 10% of cases. Although typical mobile data can be downloaded inxml format with different applications and technologies aggregated. Challenges remain with non-standard technology like wearables (fitbit-re GPS, location, data, etc.).
  2. Increased use of Microsoft (“MS”) Office 365 and other cloud based solutions. Corporate counsel needs to start vetting cloud providers like they do discovery providers.
  3. Organizations are taking more and more behind the firewall and/or going to cloud solutions to control and manage their data long before litigation arises. Analytics and high-end data consultants are being deployed to address this trend.
  4. Although the U.S. discovery market is slowly becoming commoditized, foreign markets are not because of data privacy regulations. Additionally, markets in some countries are just too small to commoditize.
  5. Organizations are building their systems to address information governance (“IG”) by design and changing discovery services into IG services for efficiency.
  6. There is still no current definition of an electronic medical record. EMR standards are developing, but mostly driven by Medicare and Medicaid payment systems with very little reference to patient care.