Global litigation is more common today as international business deals, emerging technologies, and new regulations invoke cross-border obligations. Since many countries have now adopted eDiscovery processes, it is important for legal teams to factor that into their litigation readiness plans and develop dynamic protocols to account for this legal shift.
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As digital habits change and the shift to virtual work continues to evolve in business, new eDiscovery challenges will inevitably emerge. For example, litigators commonly debate over the use AI technology in eDiscovery protocols. One party often alleges spoliation of electronically stored data when the other fails to produce relevant evidence.
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In a time where it seems like everyone is working remote, at least to some degree, it is more challenging to navigate internal investigations. When the pandemic struck, many organizations did not have time to create a comprehensive work from home plan, which put sensitive business data at risk for compromise or accidental deletion. Now, it is clear that increased remote work will ensue, as many industries have realized the cost-saving and productivity benefits of virtual or semi-virtual business models.
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With new technologies frequently surfacing during an eDiscovery review, it is time for legal departments to take a deeper dive into blockchain so they can be prepared for what is to come. Legal professionals are aware of what blockchain is and may even use this technology for some business functions like smart contracts or payment for services via cryptocurrency. However, blockchain is still evolving and there are many unknowns about how this technology operates and what role it will play in both the legal industry and general business.
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