eDiscoveryDaily

There’s a moment when every new technology shifts from novelty to necessity. Think about the first time you used GPS instead of printing out MapQuest directions (or, for the true old-schoolers, unfolding a giant road atlas or Rand McNally folding maps). At first, it felt unnecessary—maybe even risky. “I know how to get there,” you’d say. But then, one day, you hit a roadblock, and your GPS rerouted you seamlessly (“re-routing” ring a bell?). You arrived faster, stress-free, and never looked back.

This is precisely what’s happening with AI in eDiscovery right now. Some firms are still clutching their paper maps, while others have buckled up and embraced AI-powered tools that streamline everything from document review to privilege logs.

At the Masters Legal Conference in Los Angeles, I had the chance to listen to some of the brightest minds in legal tech share their experiences with AI. The big question on everyone’s mind: Is AI a driver, a co-pilot (I’m not referring to that Copilot), or a hitchhiker tagging along for the ride?

Insight #1: AI as a Co-Pilot, Not an Autopilot

The conference made one thing clear: AI isn’t here to replace lawyers—it’s here to assist them.

One panelist shared how their firm had used AI-powered contract analysis to cut an 80-hour project down to just 3 hours. Another recounted how automated privilege logs saved their associates from mind-numbing, repetitive work.

But here’s the key—AI didn’t replace the lawyers. It simply handled the heavy lifting, freeing up attorneys to focus on strategic, high-value work. Like a GPS recalculating your route, AI tools help lawyers navigate the data deluge faster and smarter—but you still need a human in the driver’s seat.

Insight #2: Open vs. Closed AI—Who’s in the Passenger Seat?

One of the biggest debates was data security in AI. Open AI platforms like ChatGPT and Microsoft Copilot are great for general legal research but pose risks when dealing with sensitive client data. Closed AI systems— or proprietary in-house solutions—offer a more secure way to leverage AI without exposing confidential information.

One panelist told a story that really stuck with me: A firm was in a rush to analyze 80+ contracts for a time-sensitive case. Instead of assigning junior associates to manually comb through the documents, they uploaded them into a closed AI system. Within hours, they had detailed summaries and insights that would have taken a human team days to compile.

The lesson? AI works best when you pick the right passenger for the journey. If you’re letting just any hitchhiker into your car (open AI with unknown security policies), you might be putting your data at risk. But if you choose a trusted co-pilot (secure AI designed for legal use), you can get to your destination faster and safer.

Insight #3: The Privilege Log Problem—AI as the Ultimate Roadside Assistant

If document review is the long highway of eDiscovery, then privilege logs are the unexpected flat tire. They take forever, they’re tedious, and they always show up at the worst time.

Enter AI. One of the most exciting applications discussed at the conference was using AI to automate privilege log creation. Instead of painstakingly summarizing thousands of documents, AI can prepopulate descriptions, allowing lawyers to review instead of rewrite.

This isn’t just efficiency—it’s a game-changer. AI handles the roadside repair so legal teams can keep moving forward at full speed.

Insight #4: Selling AI to Law Firms—The Road Trip Analogy

Despite all these benefits, many attorneys are still hesitant about AI. One panelist put it best:

“Lawyers don’t want to be the first to adopt new tech. But they don’t want to be the last, either.”

Convincing a firm to embrace AI is a lot like convincing a road-trip partner to let go of the paper map. Some people need proof before they’ll trust the GPS. Here are the best ways firms are selling AI adoption internally:

• Start with Small Wins: Show how AI can cut hours off a single process before pitching it for broader use.
• Make it Transparent: Lawyers trust what they understand. Firms that educate their teams on how AI works are seeing better adoption.
• Show the ROI: AI adoption skyrockets when firms see the real-time cost and time savings.

Personal Takeaways: Are You Ready to Take the Wheel?

I walked away from the Masters Legal Conference with one big realization: AI in eDiscovery isn’t just the future—it’s now.

The firms that embrace AI intelligently are already driving ahead of the competition. The ones resisting? They’re still pulling over to unfold their paper maps.

If you’re still skeptical, ask yourself this: How many hours are you losing to tasks that AI could handle in minutes? How quickly could you get to strategic decision-making if AI took care of the grunt work? It’s time to buckle up, take control, and start using AI as the mighty co-pilot it was meant to be.

The Road Ahead: AI as Your Trusted Co-Pilot

The AI revolution in eDiscovery isn’t a question of if—it’s a question of how fast you’re willing to adapt. The firms that are already leveraging AI as a strategic co-pilot are accelerating past the competition, cutting down on inefficiencies, and focusing on what truly matters—high-value legal work. Those still hesitant? They’re stuck at the roadside, watching others zoom past them.

The choice is yours: Are you ready to take the wheel and steer your practice into the future? AI isn’t here to replace legal expertise—it’s here to amplify it. Whether it’s automating privilege logs, optimizing contract analysis, or enhancing data security, the right AI tools can help you navigate the complex terrain of eDiscovery with precision and speed.

So, where do you stand? Are you driving, co-piloting, or still hitchhiking? The road to AI-powered efficiency is open—let’s hit the gas and move forward together. Are you ready to explore how AI can transform your workflow?

Let’s connect, and I’d love to hear your thoughts!

Here are a couple of resources I have been consuming around AI in legal:

CloudNine’s partnership with eDiscovery AI helps attorneys introduce a safe, efficient closed AI system to tackle the largest data volumes to get to the important data quickly.

A podcast AI made for me with Google NotebookLM (check it out if you are not privy; you can make a podcast for auditory learners from any source, our group of sources, with the click of one button). This source is the release of the 2025 State of the Industry Report from eDiscovery Today.

A webinar from EDRM and eDiscovery Today on the State of the Industry

Tools I use every day:

Gemini, Perplexity, ChatGPT Pro, NotbookLM

By Matthew Neal | Business Development Manager

As 2024 concludes, the eDiscovery and legal technology sectors have experienced significant advancements, particularly in the realms of modern data management and generative artificial intelligence (AI). In this article, we will explore what we have learned this year at the various thought leadership and industry conferences, how our innovations have benefited legal teams and how our partnerships allow our clients to have a fully streamlined experience with their eDiscovery and investigation challenges.

First, let’s look at what the industry has been discussing at thought leadership conferences like The Masters Conferences, LegalWeek and ILTACON.

Thought Leadership and Industry Challenges and Trends

Modern Data: An Ever-Growing Challenge and Solutions

Modern data presents an ever-growing challenge in eDiscovery, requiring innovative strategies and solutions to navigate its complexity. Traditional data sources, like physical documents and emails, have given way to a diverse array of corporate communications platforms such as WhatsApp, Slack and Microsoft Teams. These modern communication tools, designed for real-time and collaborative interactions, have become integral to business operations, reducing reliance on email but introducing new hurdles in data management. The shift has also brought about the emergence of non-custodial data, necessitating updated identification and preservation methods that account for transient membership in communication channels. Furthermore, data mapping must now encompass a multitude of sources beyond emails, including collaboration platforms, ephemeral messaging applications and the “linked files” in those platforms that replace traditional attachments.

Modern Data Preservation

The path from preservation to collection in complex ecosystems requires careful planning and execution. The widespread adoption of Bring Your Own Device (BYOD) policies and the reliance on remote work have created a myriad of difficulties in data governance, raising regulatory and privacy concerns related to the use of personal devices for business purposes. Additionally, complexities such as managing group email boxes or distribution lists—like “info@” addresses—require specialized approaches to ensure thorough data collection. Collaboration platforms further complicate matters, as their varying access levels can impact data preservation efforts.

Custodian interviews are the first step in identifying these relevant data sources and communication habits and can narrow the scope of collection as well as help the legal team understand the intricacies of the corporation’s communication channels. Collaboration tools like Slack and Teams further complicate preservation efforts, as they often involve linked files and intricate metadata structures that must be maintained. Ephemeral messaging apps, with their automatic deletion features, pose additional risks, underscoring the need for proactive policies and training to ensure critical data is not lost.

Strategic preservation practices offer a path forward. Standardizing the use of fewer collaboration platforms can reduce complexity, while taking snapshots of data during litigation holds can ensure the preservation of critical document versions. Staying ahead of emerging data sources is equally important, enabling legal teams to adapt their workflows and address evolving eDiscovery demands effectively. These solutions are vital in navigating the multifaceted challenges of modern data and ensuring defensible and efficient eDiscovery processes.

Modern Data Collection Strategies – Smartphones and Devices

Mobile device forensic collections have become a growing evidence source for today’s eDiscovery and investigations, driven by the standardization of smartphones and tablets for personal and professional communication. Effective data collection requires software and strategies that account for the differences between iOS and Android platforms. iOS operates within a controlled ecosystem, offering streamlined processes but occasionally limiting data accessibility without the proper credentials or permissions. Conversely, Android’s flexibility allows for a broader range of data collection options but necessitates rigorous integrity checks to ensure the reliability of the extracted information.

The choice between remote and lab-based collection methods is another consideration. Remote methods, such as iTunes backups for iOS devices, are convenient and quick but often fall short of forensic standards of a complete collection. These methods may lack the ability to access encrypted, deleted, or system-level data critical to investigations. In contrast, lab-based collections provide the forensic rigor required for legal proceedings, offering comprehensive access to encrypted files, deleted information, and other data that remote methods cannot reach. This approach ensures defensibility and reliability, making it the preferred option in most forensic scenarios.

The popularity of Bring Your Own Device (BYOD) policies introduces significant complexities to mobile data collection. BYOD practices blur the boundaries between personal and corporate data, creating privacy challenges that must be navigated with precision. Collections must adhere strictly to court orders and legal mandates, ensuring that only data relevant to the case is retrieved while respecting the individual’s privacy rights. Striking this balance is essential to maintaining compliance and fostering trust.

Compliance with evolving privacy laws adds another layer of responsibility to mobile device forensic collections. Emerging state-level regulations emphasize the need for careful handling of consumer data, imposing stringent requirements on how such data is accessed, processed, and preserved. Organizations must stay ahead of these legal developments to avoid potential liabilities and ensure ethical data management practices.

Mobile Device Management (MDM) policies, designed to secure corporate data on employee devices, can also complicate forensic collections. These policies often restrict access to certain device features or data, requiring collaboration with corporate IT teams to navigate these limitations effectively. Engaging IT support helps ensure that data is collected in accordance with both organizational policies and legal requirements, streamlining the process while maintaining compliance.

By employing tailored strategies for different platforms, prioritizing forensic soundness through lab-based methods, respecting privacy through limited and court-ordered collections, adhering to stringent privacy laws, and working closely with IT teams to address MDM challenges, organizations can successfully manage the complexities of mobile device forensic collections. These practices ensure that data is collected with precision, integrity, and compliance, supporting defensible outcomes in legal and investigative contexts.

Modern Data Review

Managing data from these modern communication tools poses unique challenges in the attorney-review process. For instance, converting dynamic communication formats into documents for traditional review can be both time-intensive and costly.

Addressing the challenges of modern data in eDiscovery requires a proactive and strategic approach that balances technical innovation with legal and regulatory compliance. By understanding the complexities of diverse data sources, adopting tailored preservation and collection workflows, and fostering collaboration among legal, IT, and compliance teams, organizations can streamline their eDiscovery processes while minimizing risks. Emphasizing privacy, defensibility, and adaptability ensures that legal teams remain equipped to handle the dynamic nature of modern communication and data ecosystems. Ultimately, embracing these best practices allows organizations to navigate the evolving landscape of eDiscovery with confidence and precision.

Another Consideration for Collection and Review: Linked Files in eDiscovery: Challenges and Solutions

The emergence of linked files, which are URLs pointing to cloud storage rather than traditional file attachments, has introduced a new layer of complexity in eDiscovery. As collaboration platforms like Google Drive, Microsoft OneDrive, and Slack become central to workplace communication, these linked files often contain critical information pertinent to legal cases. However, their unique characteristics present several challenges in discovery workflows.

Advancements in collection capabilities have made strides toward addressing these issues. Platforms such as Office 365 and Google Drive now support more robust collection mechanisms, enabling legal teams to retrieve linked files more efficiently. Despite these improvements, maintaining essential metadata and preserving the parent-child relationships between linked files and their originating communications remain significant hurdles. Without these relationships, understanding the context of a document or its relevance to a case can become a bottleneck in processing and review.

Judicial trends have also placed increasing importance on linked files in eDiscovery. Courts are progressively treating linked files as they would traditional attachments, requiring legal teams to make reasonable efforts to locate and produce them during discovery. This evolving expectation underscores the necessity of integrating linked files into standard eDiscovery workflows to ensure compliance and defensibility.

Addressing these challenges requires a proactive and systematic approach. Early custodian interviews are a crucial first step in identifying where linked files may reside and understanding how they are used within the organization. Coordinating with IT departments can further streamline the process, ensuring that data collection is both efficient and thorough. Additionally, preserving metadata integrity is essential, especially for linked files originating from international sources where compliance with regulations such as the GDPR must be maintained.

By prioritizing early identification and implementing strategies to preserve the integrity and relationships of linked files, legal teams can mitigate the challenges associated with these modern data sources by assembling the right teams and creating the proper workflows. As the use of cloud-based collaboration tools continues to grow, adapting eDiscovery practices to include linked files will remain essential for comprehensive and defensible discovery processes.

CloudNine Innovations and Service Offerings

In 2024, CloudNine integrated the modern data review and production technology from CloudNine Analyst into CloudNine Review, providing customers with one platform to seamlessly review both traditional and modern data. CloudNine Review users upload UFDR or Oxygen Forensics phone data directly to CloudNine Review, which then parses, threads, and deduplicates the contents. Customers then analyze the data just as it is presented on a custodian’s phone or chat software.

CloudNine also expanded Single Sign-On support. Initially released in late 2023, SSO support is now available for Okta, Azure AD, and Google Workspace. Single Sign-On provides more security and better user management for customers, making onboarding and offboarding users faster and more efficient.

CloudNine Review introduced a new view for production versions of images with the Production Viewer. Now users can check out either the original document, or the produced version, including any markups such as document numbering and redactions. This gives users a quick way to look at the produced version of data without having to dig through production exports.

Smart Filters have been a CloudNine Review differentiator for some time. Improvements were made to Smart Filters in 2024 to empower users to filter metadata in multiple views, including the Table View. Smart Filters are an intuitive, powerful way for users to drill down to responsive content without having to build complex searches.

CloudNine values transparency in reporting. In 2024, improvements were made to various reports that users can run out of CloudNine Review, including an improved billing report. This can be run at any time and will show project administrators what is being hosted and what the invoice for the month will look like, in advance of receiving it.

Search features were added in 2024, including linking of terms in the search hit screen to documents that contain the term. For example, if a user searches for “Company”, then the resulting hit report will contain a link to a list of the documents that have hits on the word “Company”. This allows users to quickly identify responsive content by reviewing a table view of metadata for those records, reaching that view with a click rather than multiple searches and tags.

Hit highlighting is another feature added to CloudNine Review in 2024. Users can go from their hit reports to near native views of the documents, with the hits highlighted in color for faster review and identification of context.

CloudNine Review is built to be intuitive and easy to use. With less than an hour of onboarding, users can fully dive into loading data, review, and production, all on their own. But for large, complex projects, or for clients who want to focus on other work, CloudNine offers a full services team of project managers and analysts. These become an extension of the client’s project team, managing data, coordinating reviews, and producing responsive content. Unlike competing platforms, CloudNine Review’s developers and services teams are directly linked, so if there is a challenge to overcome there is zero waiting for support.

CloudNine Partnerships

As CloudNine innovates to accommodate the legal industry with traditional data and the growing challenges in modern data types, we recognize that we can’t do it all, so we partner with other innovative companies to fill the gaps in technology and services. We continue to work with long-term partners like Gimmal and Integreon but have also added others in 2024 like Oxygen Forensics and eDiscovery AI. Here are the descriptions of our partners and growing partnerships.

Oxygen Forensics
As described above, there are many challenges and considerations when it comes to collecting data but isn’t just the collection process. We partnered with Oxygen Forensics to not only offer a solution for teams to collect data from devices like smartphones, laptops and other hardware, but also cloud platforms like Google, social media, Slack and the myriads of other SaaS companies where the evidence resides. The forensically sound collection is just the first part, though. Oxygen Forensics can also prepare the data and offer early case insights in the process. Oxygen’s platforms can also translate foreign languages, transcribe audio and video files and image categorization.

Check out our webinar for a deeper look at these features.

Integreon
One of the most expensive processes in eDiscovery is physical document review. CloudNine has partnered with Integreon to offer efficient large-scale document review. The complexities of modern data mixed with traditional email and efiles needs to have not only the best in technology, but reviewers who know how to combine these data types into a fluid document review. Integreon’s review teams are well versed in native reviews of modern data and can tag complete conversations that navigate from email to corporate chat apps and even end in a text message exchange. This example of cross-channel communications is just one of the many efficiencies in the partnership.

Here is a good example of how we work together: Tackling Large-Scale Review Efficiently: Tips from a GC (On-Demand Webinar)

Gimmal
Information Governance is constantly evolving and Gimmal provides best in class platforms to help organizations properly manage their corporate data. Since data complexities can start as far “upstream” in how data is managed in the corporate environment, it is important to have those data organized and ready for a litigation event. CloudNine partnered with Gimmal to take anything from their organized, litigation ready data into our review process.

eDiscovery AI
CloudNine has not only been continuing the innovation around traditional and modern data, but has partnered with eDiscovery AI, who is innovating generative artificial intelligence (GAI) for the expensive data and document review processes. CloudNine now offers AI based review through our partnership.

November 12, 2024 – Hosted by King and Spalding

The Masters Conference’s final event for 2024 brought together legal, forensic, and information governance experts to discuss the evolving challenges in eDiscovery and data management. Hosted by King and Spalding in Atlanta, the conference featured engaging sessions that provided actionable insights for legal professionals and investigators navigating the complexities of modern data ecosystems.

Session 1: Mobile Device Forensic Collections: Remote and Lab-Based Collection Strategies

Sponsored by Cellebrite

Panelists:

• Mike Amaral (Cellebrite) – Manager, Strategic Accounts
• Jordan McQuown (IST Management – CIO and CISO)
• Jerry Bui (Right Forensics – Owner and CEO)
• Jeff Hedlesky (Cellebrite) – Sales Engineer – Enterprise Solutions

This session delved into the intricacies of mobile device forensic collections, contrasting remote and lab-based strategies. As mobile devices increasingly become central to eDiscovery, understanding how to effectively collect data—whether through remote technology or in controlled lab settings—has become essential.

Key Takeaways:

• Diverse Forensic Approaches: The panel detailed unique strategies for collecting data from iOS and Android devices, highlighting the significant technical differences between the platforms. While iOS presents controlled challenges due to its closed ecosystem, Android allows more flexibility but requires robust methods for data integrity.
• Remote Collection Techniques: Amaral emphasized practical remote collection solutions, including obtaining iTunes backups or using self-service collection kits shipped to custodians. However, these solutions come with risks. Amaral and Hedlesky noted that while iTunes backups contain valuable WhatsApp data, they are not considered forensically sound, posing potential integrity issues.
• Lab-Based Collections: For comprehensive data extraction, lab-based methods were preferred. They provide access to locked or encrypted devices and offer more reliable data retrieval, including deleted files. Bui highlighted that lab settings ensure that if data retrieval needs to be revisited, the entire data set is still accessible, minimizing disruption to ongoing investigations.
• BYOD and Privacy Challenges: McQuown and Bui emphasized the complexity of managing data from bring-your-own-device (BYOD) environments, where personal and corporate data overlap. Privacy concerns require forensic teams to limit collections to court-ordered data only, fostering trust in both the legal team and custodians.
• Navigating Privacy Laws: Amaral outlined new state-level privacy laws passed in 20 states, including California, Virginia, and Colorado, which aim to regulate business use of consumer data. These laws impact how mobile data is managed, collected, and preserved, emphasizing compliance and consumer rights.

Highlighted Challenges and Solutions:

• Remote Workforce Impact: With more employees working remotely, the panel discussed corporate-issued devices versus BYOD policies. Amaral pointed out a growing divergence in collection approaches between law enforcement (seeking full collections) and private sector practices (favoring targeted collections).
• Management of Mobile Device Management (MDM): MDM policies can complicate data collection, potentially requiring cooperation with corporate infosec teams to bypass or adjust settings without triggering security protocols like device resets.

Session 2: Linked Files – The Saga Continues

Panelists:

• Bradley Koehler (Alvarez & Marsel) – Sr. Director
• Lionel Joiner (Redgrave) – eDiscovery Specialist & Attorney
• Nirav Shah (The Home Depot) – eDiscovery Counsel
• Ray Payne (Cox Communications) – Director of eDiscovery Technology Services

Linked files, which point to documents stored in cloud-based systems like Google Drive, Dropbox, and Slack, continue to present significant challenges in eDiscovery. This session explored recent developments, legal precedents, and strategic considerations for managing these data types.

Key Insights:

• Definition and Context: Koehler began by defining linked files as paths or URLs in documents that point to other files stored on various platforms. These links are increasingly common as collaboration tools become integral to workplace operations.
• Collection Capabilities: Shah highlighted the improvements in Office 365 and Google Drive, which now include capabilities for linked file collection, making data retrieval easier. However, gaps still remain, particularly in maintaining the parent-child relationships of linked documents.
• Case Law and Compliance: Joiner discussed how courts are assessing the burden of producing linked files, emphasizing that reasonable efforts to collect this data must be made, though technology and best practices are still evolving. Shah noted that in a recent case involving Uber, the court moved closer to treating linked files like traditional attachments, signaling a shift in judicial expectations.
• Practical Considerations: The panel advised that early-stage discovery should focus on custodian interviews and understanding the landscape of collaborative tools used. This approach helps establish where data is stored and what data can feasibly be collected and preserved. Payne stressed the importance of coordinating with IT departments, as these processes often extend beyond their typical duties.

Challenges and Future Outlook:

• Metadata Concerns: Discrepancies in metadata between linked files and their parent documents were flagged as potential landmines during production.
• GDPR Implications: Payne warned that linked files stored overseas might trigger privacy compliance issues, especially under GDPR regulations.

Session 3: From Preservation to Collection: Managing Change in Complex Data Ecosystems

Panelists:

• Lindsay Brady (King and Spalding) – Staff Attorney
• John Buzbee (King and Spalding) – Staff Attorney
• Adam Wall (King and Spalding) – Staff Attorney
• Scott Lucas (King and Spalding) – Staff Attorney

This session focused on the challenges of managing data in complex and evolving ecosystems. Topics included ephemeral messaging, data migration, and the proactive identification of emerging data sources.

Key Points:

• Custodian Interviews as a Foundation: Wall highlighted the critical role of thorough custodian interviews in identifying data sources and communication channels. These interviews inform the data collection process, streamline scope, and ensure that legal teams capture relevant information effectively.
• Collaborative Tools and Their Impact: Brady underscored the importance of understanding how linked files and collaborative tools impact eDiscovery workflows. The widespread use of platforms like Slack and Teams adds layers of complexity to data identification and preservation.
• Ephemeral Messaging Challenges: Buzbee discussed the increasing use of secure messaging apps like WhatsApp and Signal, noting that their automatic deletion features create significant hurdles for legal preservation. Lucas recommended developing written policies and conducting employee training to address these issues proactively.

Strategic Recommendations:

• Proactive Data Management: The panel advised that corporations standardize on a few collaboration platforms to simplify data management, especially during mergers and acquisitions.
• Preserving Linked Files: Taking “snapshots” of data at the time of a litigation hold can help maintain document versions as they were during the relevant period.
• Emerging Data Sources: As storage capacities expand and data moves to cloud storage solutions, keeping pace with technology and understanding its implications for eDiscovery remains essential.

Audience Engagement:

• Question from Rick Clark (CloudNine): Addressing the potential discovery of unreported apps during custodian interviews, Lucas recommended revisiting custodians to clarify the use of these apps and adjust the data collection strategy as necessary.

The Masters Conference Atlanta 2025 closed on a high note, reinforcing the importance of adapting to the changing landscape of data discovery. From mobile forensic strategies to linked file challenges and the proactive management of complex data ecosystems, the event equipped professionals with the knowledge to face the future of eDiscovery with confidence.

By Jacob K Hesse

When it comes to e-Discovery processing and hosting for analysis, review, and production, you need a platform that is intuitive, fast, and that all data and processes are completely contained in one platform. You also need price predictability and the core features and functions that will lead you to successful outcomes, from collection through production.

Data processing has become automated in recent years. Now users can simply point the review platform to a “pile” of data such as email, files, short message communications, smartphone communications and activities and a whole slew of “modern data” and upload the data into the case. The step of data conversion to documents ahead of review is becoming obsolete by this automation.

How is this done? CloudNine has created modern data parsers, remediation processes, and metadata extraction techniques behind the scenes that allow users to upload native data like PST’s and company files, .JSON exports, .dat load files and many others and the data processing is done automatically during the upload process.

CloudNine is trusted by federal agencies, state and local governments, law enforcement, law firms, and corporate legal departments across the United States and Europe. A wide variety of customers large and small rely on CloudNine to generate automated and predictable outcomes from data collection, to searching and culling, processing, intelligent review, and finally production.

Governments, law firms, and corporate legal departments need to create and deliver responsive data quickly, without budget-breaking software that requires a degree to operate. They need to search and remove any data that is sensitive, privileged, or contains personally identifying information. They come to CloudNine where they can upload data immediately themselves or rely on our full services and support teams for assistance.

Because of all of the data processing automation with CloudNine Review, there are no processing costs. Users upload data with the drag of their mouse, or the click of a button and automation takes over. From Slack JSON files to email, from Office documents to phone data collected and exported as a .dat or UFDR file, CloudNine Review provides you with free ingestion and filtering options. No paying for uploaded or “staged” data: pay only for what you host with us in CloudNine Review.

CloudNine Review enables you to examine “traditional” data such as Word documents, Excel spreadsheets, email, and PDF files – along with over 4800 other file types. What sets CloudNine apart from competitors in document review is its same-platform handling of “modern” data, including data from text messages and chat applications like Slack. Your teams can review and produce individual messages or entire conversations, all while suppressing sensitive content by redacting it or removing it.

Contact CloudNine to see how CloudNine Review will accelerate your discovery process at a fraction of the cost of how you are doing it today.

Email us at sales@cloudnine.com or contact me directly to speak more about how CloudNine can enhance your speed to data while keeping you in control of your costs.

Oxygen Forensics recently held their inaugural user summit in Alexandria, VA, featuring a packed agenda of timely, educational sessions addressing today’s pressing challenges in forensic data collections. The event was a blend of technical insights, networking opportunities, and interactive discussions, attracting experts from various sectors, including digital forensics, law enforcement, and legal technology.

Leenote: CEO Lee Reiber’s Journey and Insights

The summit kicked off with a keynote—or “Leenote”—delivered by Oxygen Forensics CEO Lee Reiber. Lee shared a compelling story of his personal and professional journey, revealing how overcoming adversities fueled his relentless curiosity, innovative problem-solving, and drive for excellence in data forensics. He emphasized the importance of continuous learning, warning that complacency is a fast track to being surpassed by peers in this rapidly evolving field. My key takeaway from his talk was simple yet profound: the temptation to believe we’ve “learned it all” will lead to stagnation, and staying curious is essential for ongoing success.

Gus Dimitrelos: “1’s and 0’s Do Not Care”

Following Lee’s presentation, forensic expert Gus Dimitrelos delivered a thought-provoking session titled “1’s and 0’s Do Not Care.” His focus on the objectivity of data was underscored by his high-profile example of authenticating the infamous Hunter Biden laptop. He walked the audience through the intricacies of digital forensics, including how transactional data, geolocation, and communications provide irrefutable evidence—data does not lie. Dimitrelos’ session was a masterclass in how to authenticate and leverage digital footprints, and his work is definitely worth deeper exploration for anyone interested in the evolving world of data authentication.

Private Sector Track: Managing Text Messages in eDiscovery

As the summit split into private and public sector tracks, I opted for the private sector sessions. One standout presentation was delivered by Trent Walton, CEO of Forensic Discovery, on handling text messages in eDiscovery. Walton highlighted that text messages are fast becoming the new frontier in eDiscovery, much like email was years ago. However, law firms are now demanding proper forensic collections rather than relying on screenshots, which lack the necessary chain of custody and authenticity.

Key Steps in Text Message eDiscovery:

1. Sound Collection – Proper data collection is critical, with multiple options depending on the complexity of the case:
   • Physical Collection – Conducted in-lab or onsite, providing maximum control over the process.
   • Remote Collection Kits – Devices are sent to users who physically connect them, with the data extracted and mailed back for analysis. This is helpful because if there are nuances in the data, the remote kit has multiple software platforms that can help with the collection. The issue, though, is that remote collections lack some important chain of custody processes that can be challenged by opposing counsel. It is important to know what data you are after to determine this process.
   • Agent-Based Remote Collection – A more lightweight option, where users download an app that triggers a remote collection of specific data, ideal for less complex cases. This allows fast access to the data and is best for lighter collections of just text messages for example rather than a full forensic collection.
   • Cloud Collection – Gathering data directly from cloud-based platforms (Slack, Google, Facebook, etc.). It is important to know the nuances with each application to ensure that the data needed is fully collected.
2. Processing and Exporting Data – Once collected, the data is processed, and relevant messages are identified. The next decision is how to export this data—whether as native or an image of individual messages, 24-hour threads, or weekly batches, with flexibility based on case needs.
3. Review of Messages – Walton stressed the importance of a nuanced review approach, noting that reviewing messages as documents can often strip conversations of their context. Understanding the flow of communication is key to more accurate and efficient reviews. He noted the way in which CloudNine Review allows for a native review preserves context as well as assembles cross channel communications like a conversation starting in email, switching to Slack then text messages.

Richard Rodney: Cloud and Mobile Data Challenges

In another fascinating session, Richard Rodney, President of IFI LLC, tackled the critical challenges around cloud and mobile data. The session explored how modern devices have evolved into powerful computers, requiring more sophisticated collection strategies.

Key Challenges:

• Mobile Device Evolution – With the increasing complexity of mobile operating systems, collecting all data from a device is no longer feasible. Instead, Rodney emphasized focusing on what’s truly important, like messaging apps and deleted group texts.
• Cloud Data – Many applications now store critical data in the cloud, requiring additional steps to access and authenticate it. Rodney underscored the challenges posed by cloud-based storage and the evolving nature of data access control, including passwords and multi-factor authentication.
• Ephemeral Messaging – Apps like Snapchat and other ephemeral messaging platforms present significant hurdles for forensic investigations, as messages are designed to self-destruct. However, Rodney encouraged checking backup servers and reviewing cross-device syncing, which could offer retrieval options.
• Hyperlink Attachments – The rise of hyperlinks embedded in texts or emails adds another layer of complexity. Collecting data from apps like Google Drive or SharePoint requires upfront knowledge of the organization’s data storage practices to ensure successful preservation and collection.

My Session: Data Collections for eDiscovery and Investigations

On day two, I had the opportunity to present on data collections for eDiscovery and investigations. Since the audience was composed of certified forensic examiners, rather than giving my thoughts on data acquisition, I engaged in discussions with them on best practices for collecting and culling modern data sources such as Slack, MS Teams, geolocation data, social media, and more. We examined strategies for balancing targeted collections (focusing on specific data at the time of collection) versus full collections (capturing everything, but refining later), and the nuances involved in cloud-based data collection.

Key Takeaways from My Session:

• Targeted Collections – While collecting only what’s necessary saves time, it can create challenges if additional data is needed later. Full collections with post-collection filtering offers more flexibility.
• Cloud Collections – It’s crucial to understand the scope of cloud data. For example, a simple Meta download may exclude interactions like comments and likes. Tools such as Oxygen’s Remote Explorer can bridge these gaps by pulling all relevant data.
• Data Translation and Transcription – Adding processes like data translation, transcription, and Personally Identifiable Information (PII) identification before review can streamline workflows. By leveraging Oxygen’s platforms in combination with CloudNine Review, we can optimize the searchability and usability of native data alongside more traditional formats.

A Highly Educational Experience

The two-day Oxygen Forensics summit was packed with cutting-edge insights and practical advice. In addition to the sessions, I enjoyed getting to know the talented Oxygen Forensics team, along with the incredibly knowledgeable speakers and attendees. The discussions on evolving trends, tools, and methodologies in data forensics will certainly influence my future work in eDiscovery and forensic investigations. This summit was undeniably a top-tier event, offering a wealth of knowledge in a short amount of time.

By Mark Espanet

On September 18th, I had the opportunity to attend The Masters Conference in Seattle, WA, for my second time, hosted by Perkins Coie. This year, I was struck by how much the technology landscape in eDiscovery has evolved, especially with the rapid integration of Generative Artificial Intelligence (GAI). While GAI was a major theme throughout the conference, one session stood out for its exploration of the broader challenges faced in modern eDiscovery.

Session Title: Current Challenges in Modern eDiscovery

Speakers:

• Alexandra (Alexa) Stemmler, Counsel, Perkins Coie (Moderator)
• Alletta Brenner, Partner, Perkins Coie
• Samantha Kepler, ESS Sr. Manager of eDiscovery Program Management, Perkins Coie
• Brian Werner, Senior Counsel, Boeing

Generative AI in eDiscovery: A Double-Edged Sword

Alletta Brenner opened the session by acknowledging the growing buzz around Generative AI and its potential in eDiscovery, but she did not shy away from discussing the complexities that accompany it.

GAI is often seen as a shiny new tool that promises to streamline workflows, automate tasks, and simplify legal processes. However, as Brenner pointed out, there are significant hurdles to overcome. One of the biggest challenges lies in language models, specifically their ability to interpret evolving human language accurately. Since legal documents are often context-dependent, ensuring that AI can capture nuances and subtleties is critical. As of now, Generative AI is not yet at the stage where it learns from or applies real-world examples effectively—“We’re not there yet,” Brenner emphasized.

Brian Werner echoed this cautious approach, noting that both in-house and outside counsel are still hesitant to adopt GAI. While policies surrounding AI in eDiscovery are beginning to take shape, it’s clear that legal teams are treading carefully.

Key Takeaways on Generative AI:

• GAI simplifies many aspects of legal work but struggles with context-specific documents.
• AI adoption remains slow due to cost concerns, with teams saving on review costs but spending more on quality control.
• A breakthrough moment, such as a high-profile court case validating AI, could shift perceptions—but that moment has yet to arrive.

Court and Cost Considerations

Brenner also highlighted that court testing will be a major factor in determining how GAI is utilized in eDiscovery. A high-profile case involving AI could be the catalyst to change the negative stigma surrounding AI’s role in the courtroom. However, until that happens, legal professionals remain cautious.

Cost, as always, plays a significant role. While GAI promises cost savings in some areas, teams are finding that it leads to increased quality control expenses. Werner added that while AI can reduce review costs, these savings are often offset by the higher cost of ensuring the data reviewed by AI meets defensibility standards.

Modern Data: The Ever-Evolving Challenge

As the conversation shifted from AI to modern data challenges, Samantha Kepler and Brian Werner discussed the growing complexity of handling smartphone data and corporate chat applications like WhatsApp and Microsoft Teams.

Kepler stressed the importance of balancing targeted collections with over-collection, as storage fees for excess data can add up quickly. However, over-collection also has the benefit of defensibility, preventing teams from needing to recollect data later. Privacy considerations remain top of mind, as legal teams must navigate how to collect and store sensitive information while complying with regulations.

The panel also explored the custodial interview process, where handling custodians’ concerns about privacy and data collection is crucial. Kepler emphasized the importance of the custodian’s privacy concerns during the collection process while still collecting all potentially relevant information.

The Gaps in Mobile Data and the Future of AI

One key question raised during the session was: Why are we focusing on AI when we’re still figuring out how to manage modern data? The explosion of mobile data apps has left many legal teams grappling with how to process information from platforms like WhatsApp and Teams. This perceived gap in modern data review needs to be addressed before AI can fully step in to streamline workflows.

As legal standards and workflows continue to evolve, it’s essential for teams to not only familiarize themselves with GAI software but also stay up-to-date with emerging policies around AI in eDiscovery.

In Conclusion

The session at The Masters Conference provided a well-rounded discussion on the current state of modern eDiscovery. While Generative AI holds immense potential, it’s clear that the industry still faces significant hurdles related to language interpretation, cost, and defensibility. In the meantime, addressing the challenges posed by modern data from smartphones and chat applications remains a priority. For now, legal teams should continue learning about AI platforms while staying cautious and informed about how they can be applied in the ever-evolving eDiscovery landscape.

Attending this conference gave me a fresh perspective on how rapidly technology is shaping the legal industry and the ongoing challenges we need to navigate in eDiscovery. I look forward to seeing where the future takes us.

By Rick Clark

Nashville offers countless reasons to visit, but when you combine the city’s talent and energy with the legal community’s convergence at the Gaylord Opryland Resort and Convention Center, you create an unforgettable experience. ILTACON 2024 was a prime example of this magic, drawing together a remarkable crowd of over 4000 legal and IT professionals, marking one of the most well-attended conferences in our industry—even pre-pandemic. The week was filled with action, new connections, and insightful exchanges, and I had the privilege of experiencing much of it alongside our new partnership at Oxygen Forensics, stationed at booth 752.

Immersed in the World of Legal Tech

While my time at ILTACON was primarily spent with the team at Oxygen Forensics, I managed to attend one pivotal session that left a lasting impression: ACEDS Presents: The Perils and Promises of Artificial Intelligence: Navigating the AI Jungle. This session, moderated by Maribel Rivera, VP, Strategy and Client Engagement, ACEDS, featured insights from industry leaders such as Julie Brown, Director of Practice Technology at Vorys, Sater, Seymour and Pease LLP; Cat Casey, Chief Growth Officer at Reveal; and David Horrigan, Discovery Counsel and Legal Education Director at Relativity. The session was a deep dive into the current and future applications of AI in legal discovery, data privacy and legal research, and it was clear that AI is steadily weaving itself into the fabric of the legal industry.

Exploring AI’s Role in Legal Discovery

One of the session’s key challenges was identifying current applications of AI in the legal process. Julie Brown kicked off the discussion by highlighting AI’s role in post-production discovery. She emphasized how AI is becoming instrumental in pretrial preparations, summarizing evidence, and constructing timelines—tasks traditionally performed by humans but now being handled efficiently by AI, which can also extract key themes from large datasets.

Cat Casey then brought our focus to the pre-discovery phase, discussing AI’s capability to conduct early data assessments. She explained how AI can swiftly summarize the overarching themes within data and categorize it based on pertinent issues. One of the standout moments for me was when Casey pointed out that attorney adoption of AI might be more seamless than the industry’s previous experience with Technology Assisted Review (TAR). As attorneys increasingly use AI in both personal and professional capacities, the transition to AI-driven workflows in legal settings could be more straightforward than anticipated. AI’s omnipresence and user-friendliness make it a natural fit in legal tech.

David Horrigan added his perspective, noting how AI has revolutionized privilege review—a task once deemed too complex to automate. AI now makes this process more manageable and reliable, showcasing its potential to enhance efficiency in legal workflows.

Horrigan also shared compelling examples of AI’s impact on case law, including:

• Hallucinations – Mata vs. Avianca: A case where an attorney used ChatGPT for legal research, resulting in citations to non-existent precedents. This mishap led to sanctions and highlighted the potential pitfalls of AI when not used carefully.
• Positive Application of GAI – Snell vs. United Specialty Insurance Company: Here, GAI was effectively used to clarify the definition of “landscaping” in the context of a trampoline-related incident, illustrating AI’s potential as a valuable legal tool when applied correctly.

These examples painted a vivid picture of both the perils and promises of AI in the legal industry, emphasizing the need for careful and informed use of these technologies.

Key Takeaways and Cautionary Tales

Julie Brown concluded the discussion with several critical takeaways that resonated with the audience:

• Generative AI (GAI) won’t replace attorneys, but it will replace those who don’t use it. This statement underscored the importance of embracing AI as a tool for enhancing legal practice.
• Experiment with GAI to familiarize yourself with its capabilities. Continuous learning and experimentation are crucial as AI evolves.
• Stay informed about all the applications your law firm or in-house team uses, even those outside your immediate practice area.
• Leverage legal research platforms like LexisNexis and Westlaw, which are integrating AI tools to facilitate attorney adoption.

Cat Casey’s final point expanded on Brown’s advice, encouraging legal professionals to use AI tools like ChatGPT for low-risk tasks to acclimate to the technology. This approach not only enhances understanding but also sparks creative thinking about how AI can be integrated into legal practice.

A Week of Meaningful Connections and Innovations

After the insightful session, I returned to the Oxygen Forensics booth, ready to dive into the week’s events. The showroom mixer was buzzing with energy, and it was clear that this would be a week full of meaningful conversations and reunions with colleagues from my 22-year career in legal discovery.

The partnership messaging between Oxygen Forensics and CloudNine Review resonated well with the eDiscovery professionals who stopped by. Oxygen Forensics simplifies data collection from devices (smartphones, tablets, laptops, etc.) and cloud applications (such as M360 and Google), and the seamless export to CloudNine Review enables users to review all data types within a single platform using native review workflows. It was also interesting to observe a growing trend: more firms are considering bringing data collection in-house as technology and processes become easier to manage and staff.

I also had the pleasure of meeting with Tom Palladino, who is working on an emerging eDiscovery AI platform that offers advanced summarization and categorization of evidence, among other innovative data identification workflows. This encounter reinforced the themes from the ACEDS session—eDiscovery-specific AI workflows are rapidly being integrated into our industry, signaling an exciting shift in how we approach legal discovery.

Unwinding in Nashville

Beyond the conference, it was wonderful to reconnect with familiar faces and immerse myself in Nashville’s vibrant scene. A highlight was revisiting my favorite spot, the Bourbon Street Blues and Boogie Bar, where incredible talent takes the stage in a uniquely immersive venue and showcase their magic to a receptive group from ILTACON.

Conclusion

ILTACON 2024 was a testament to the legal community’s resilience and innovation. From groundbreaking AI discussions to strengthening partnerships and forging new connections, the conference was a rich tapestry of learning and collaboration. As we move forward, it’s clear that AI will continue to shape the future of legal discovery, and I’m excited to see where this journey takes us.