eDiscoveryDaily

Custodian Interviews: Critical to Defensible eDiscovery in the Age of Modern Communications

By Rick Clark, VP of Strategic Partnerships and Marketing at CloudNine, and Melissa Weberman, Counsel and Head of eData at Arnold & Porter

In today’s evolving corporate data landscape, custodian interviews—early interviews of key employees who hold relevant electronically stored information (ESI) —remain a cornerstone for defensible discovery. Even with today’s advanced analytics and AI tools, a thorough custodian interview can provide a major advantage in saving costs and managing discovery risks. As the volume and variety of corporate communication methods evolve—ranging from traditional email to short-messaging apps like Slack, Microsoft Teams, WhatsApp, and Signal—attorneys should consider sharpening their custodian interview techniques to identify and preserve relevant ESI. The stakes are high: poor interview and collection strategies can result in spoliation, sanctions, and reputational damage.

Start With a Clear Purpose

Custodian interviews serve multiple critical purposes in litigation, including:

  • Identify where relevant data lives, including on personal devices or unofficial “shadow IT” apps—i.e., any tool employees use for work without the company’s formal IT approval or retention controls (e.g., personal Dropbox, WhatsApp, or a private Slack workspace). This ensures no major source of evidence is overlooked early on.
  • Help preserve data and avoid spoliation, because by learning what data exists and where, counsel can promptly preserve it (for example, by issuing legal holds or suspending auto-deletion on systems). Failure to identify a source through interviews could result in data loss. For example, if a custodian uses an ephemeral messaging app, interviewing them quickly allows you to halt any auto-delete settings before relevant messages disappear.
  • Scope and focus the discovery effort, as a well-run interview arms you with information to negotiate a reasonable scope of discovery with the opposing side. You can learn which data is truly important—and what can be safely excluded—making discovery more proportional to the needs of the case. This can reduce unnecessary review of irrelevant data, saving time and money.
  • Uncover key facts and terminology, because speaking to custodians often reveals context that is not obvious from documents alone. They can explain project code names, acronyms, or unique jargon that they use, and critical date ranges and players. Knowing these details guides you in formulating better search terms or using analytics (e.g., recognizing a code word in emails that filters irrelevant documents). In turn, this improves the efficiency of downstream review and helps you spot important evidence faster.
  • Demonstrate a defensible process, as courts expect counsel to make a good-faith, thorough effort to find relevant ESI. By conducting and documenting these interviews, you can later show the court (or opposing counsel) that you took reasonable steps to identify and preserve all relevant information. This record becomes vital if there are ever challenges to your discovery process or accusations of missing data.

Being intentional can ensure the interview is productive and minimizes missed evidence. Before the interview, review the custodian’s role, potential data sources, and communication tools. Consider preparing a case-specific checklist or interview template—do not rely on a static form—to ensure you are properly prepared for the specific nature of the case and the client’s business processes.

 

Customize Based on Your Role

Successful custodian interviews and defensible collections require strong collaboration among in-house counsel, outside counsel, and service providers. In-house counsel aligns the interview process with the company’s internal policies, reassures employees, and facilitates access to systems. Outside counsel, meanwhile, brings an external perspective that shapes strategy, ensuring that questions are thorough and appropriately scoped, and keeping the process defensible. Service providers deliver the technology for efficient and secure data collection, processing, and hosting for review. They offer tools for real-time collection, develop secure workflows for managing diverse data sources, and generate detailed documentation that may prove critical if collection practices are later challenged in litigation. When all three groups—internal legal teams, external attorneys, and technology partners—work together seamlessly, the result is a defensible, efficient, and transparent discovery process that stands up to scrutiny and reduces risk.

 

Build Trust with the Custodian

Custodians are more likely to share relevant information if they understand that interviews are standard procedure and not indicative of wrongdoing (but it is important they understand that the interviewer represents the company, not the individual custodian). Establish rapport by:

  • Clearly explaining the purpose of the interview.
  • Reassuring them that the process is routine—not an accusation.
  • Emphasizing that the custodian’s cooperation protects the company and themselves.
  • Collaborating with in-house counsel to act as a bridge and underscore legitimacy.

Gaining custodian buy-in can increase cooperation and the quality of disclosures. Further, building trust early can pay dividends later when collections need to be supplemented or deposition preparation begins.

 

Modern Communications: Ask the Right Questions

Today’s employees communicate through a mix of chat apps, collaboration tools, mobile devices, and cloud platforms. Consider asking specifically about:

  • Chat applications (e.g., SMS, Slack, Teams, or WhatsApp) and whether relevant. messages sit in private channels or DMs.
  • Collaboration hubs (e.g., Confluence, SharePoint, or Google Drive).
  • Personal devices or accounts used for work.
  • Any unsanctioned “side” apps or cloud storage.

Be prepared for reluctance or lack of awareness or recollection. Use visuals or demos to jog memories.

 

Coordinate With IT and Records Personnel

It is often useful to speak with IT personnel who understand the company’s systems. They can provide a high-level view of standard data sources, retention policies, and system locations. However, always verify those details with the custodian’s actual practice. For example, IT might report that “all email is on the server, none is stored locally,” but an interview reveals the employee saved archives on a local drive contrary to policy. Similarly, a policy might say employees should not use USB drives or personal devices, yet a custodian may admit they routinely did so. Use the IT interview as a starting point, then confirm details with each custodian to help avoid blind spots.

 

Leverage Real-Time Collection and Screen Sharing

Where appropriate, use technology that enables real-time review and preservation of data. Screen sharing or live data exports during the interview can:

  • Validate custodian responses in real time.
  • Capture volatile or short-lived communications before they expire.
  • Prevent spoliation by reducing the lag between identification and preservation.

Tools that allow screen sharing, cloud sync capture, or mobile device previewing are particularly effective.

 

Document the Interview Meticulously

Consider taking the following contemporaneous notes:

  • Custodian identifiers and role: Record the custodian’s full name, title/department, and location, along with a brief description of his role in the matter. This provides context for his data and helps show you identified relevant custodians in good faith.
  • Interview logistics: Note the date of the interview, method (in-person/remote), and who conducted it. Consistency here supports defensibility, showing interviews were done timely (typically soon after the legal hold) and by appropriate personnel.
  • Legal hold notice: Document that the custodian confirmed receiving the litigation hold notice and acknowledged his preservation obligations.
  • Data sources identified: List every source of potentially relevant information the custodian uses, including:
    • Devices: Work and personal devices (computers, phones, tablets, external drives).
    • Email accounts: Work email (Exchange/Office 365, etc.) and any personal or secondary accounts used for work.
    • Network locations: Shared drives, department file servers, databases, and cloud repositories (SharePoint, Google Drive, etc.).
    • Business applications: Relevant enterprise systems (CRM, HR systems, finance databases) that the custodian accesses.
  • Communications and collaboration channels: Document chat or messaging apps (Microsoft Teams, Slack, WhatsApp, SMS/iMessage, etc.), social media or direct messages if used for business, and any ephemeral messaging platforms. Note if relevant content exists and how it’s preserved. If the custodian uses apps with auto-delete or self-destruct features (e.g. Snapchat, Confide, Wickr), record this and any preservation steps taken (such as disabling auto-delete or instructing the person to save screenshots).
  • Retention policies and auto-delete settings: Capture any information about data retention or deletion that could affect the custodian’s ESI. For example, ask if the custodian’s emails auto-delete after 90 days, if chat histories are retained, or if device data is routinely wiped. Document what you learn and any preservation steps taken. If the custodian had been manually deleting relevant data, note that and instruct (and document) that such deletions cease.
  • Custodian’s actions: Document any actions the custodian has already taken regarding his data, and record if he mentions any data loss or issues.
  • Follow-up steps and outstanding items: At the end of the interview, list any follow-up actions needed and track them. This might include scheduling a forensic collection of the custodian’s device, reaching out to IT about a newly identified server, or interviewing an additional person the custodian identified. Clearly document what will be done, by whom, and when. Maintaining this as part of the interview record ensures nothing falls through the cracks and evidences a continuing, diligent effort.
  • Additional custodians or data sources named: A good interview often identifies other people or systems that might have relevant data. Document any new custodians, departments, or repositories the interviewee mentions. This guides your next steps and creates a record that you are expanding the preservation scope appropriately.

By following the above checklist, legal teams can create a defensible paper trail of their custodian interviews. In the event of a discovery dispute or motion, your team’s diligent documentation—complete with who, what, when, and how you addressed custodian data—can serve as strong evidence of your good faith and compliance with eDiscovery obligations. This not only helps in court but also keeps internal eDiscovery projects on track by tracking what has been done and what remains outstanding at each stage.

 

Best Practices Recap

  • Start early.
  • Use a standardized interview form but tailor questions case-by-case.
  • Keep the tone transparent and cooperative.
  • Involve IT and cross-check what policies say versus real-world practice.
  • Document interviews, tools used, and preservation efforts meticulously.

 

Custodian interviews are more than an information-gathering step—they are a strategic moment to protect your client and ensure discovery obligations are met. By combining interview best practices with modern collection technology, legal teams can build a defensible foundation for any case.

Discovering Mobile Device Data: What to Expect from Your eDiscovery Solution

Discovery of data from mobile devices used to be occasional. Parties in litigation often agreed up front NOT to pursue data from mobile devices because it was so difficult and burdensome to do so. Collecting from the devices was challenging and time-consuming, as was the inconvenience to custodians who balked at giving up their mobile device for even a few hours!

In at least one case, formalizing the agreement not to pursue text messages (and other data) as an ESI stipulation came back to haunt the plaintiff when they realized the importance of those text messages and filed a motion to compel – only to have the Court deny the motion because of the stipulation to which the party had agreed. Ouch!

Today, the importance of data from mobile devices has grown to the point that they are routinely a source of discoverable data in all types of cases. The vast majority of Americans – 98% – now own a cellphone of some kind and over nine-in-ten (91%) own a smartphone. Mobile devices are just as ubiquitous at work – in a recent survey, 80% of IT executives said employees cannot do their jobs effectively without a mobile device.

That level of importance has extended to discovery of data from mobile devices, with the potential of severe sanctions for failing to preserve that data for discovery. In this case, a party received two adverse inference instruction sanctions (as well as being ordered to pay the claimants’ costs and attorneys’ fees for the sanctions motion) for failing to preserve data from five out of thirteen custodian mobile devices; while in this case, intentional deletion of text messages resulted in terminating sanctions against the plaintiff!

Mobile Device Data and Your eDiscovery Solution

The rise of importance of mobile device data (such as text messages and other short message formats) in discovery has made it critical for your eDiscovery solution to support the collection, ingestion, processing, analysis, review and production of those messages efficiently and effectively. Here’s what to look for:

Collection, Ingestion and Processing

Today, forensic and eDiscovery professionals are using a variety of tools to collect data from mobile devices. Here are three prominent providers specializing in mobile device data discovery today:

  • Oxygen Forensics: Oxygen Forensics offers Oxygen Forensic® Detective, an all-in-one digital forensic solution capable of extracting, decoding, and analyzing data from various devices, including mobile phones, computers, and cloud services. Note: Oxygen Forensics is a partner of CloudNine.
  • Cellebrite: Cellebrite is renowned for its Universal Forensic Extraction Device (UFED), a suite of tools designed for extracting and analyzing data from mobile devices. UFED supports a wide range of devices, including smartphones, drones, SIM cards, and GPS units, facilitating comprehensive data collection for forensic investigations.
  • ModeOne: ModeOne specializes in remote, targeted mobile data collection through its patented Software-as-a-Service (SaaS) framework. This solution allows for same-day collection of relevant data from smartphones without the need for physical device access or on-site personnel.

Given the popularity of all three solutions for mobile device data collection, Your eDiscovery solution must support the ability to ingest load-ready data from each of these formats efficiently and effectively.

Analysis and Review

Processing and ingesting the data from any of the three solutions above is one thing, but how that data is managed within your eDiscovery solution is just as critical. Because many eDiscovery solutions were built to support document-oriented data like emails and office files, they tend to force text and other short message formats into that same document paradigm, with little if any regard to where conversations begin and end. Doing so makes the data less useful for analysis and review.

Text and chat messages aren’t document oriented – they’re conversation oriented. Your eDiscovery solution must support the ability to analyze and review these messages in context with the rest of the conversation to determine their relevance to the case. The “rest of the conversation” could be in other text messages, email, Slack or any other communication format. And it could include images, audio, video, emojis or even geolocation data. The ability to efficiently and comprehensively analyze conversations is a must have for your eDiscovery solution today.

Production

While you may want to analyze and review the messages in a conversation format, that doesn’t mean you necessarily want to produce them that way. Most parties in litigation are still accustomed to a document format for production, so there’s no reason to “rock the boat” on those standards (at least yet). Your eDiscovery solution should support the ability to export text and other short message data into document formats for production.

Conclusion

CloudNine Review “checks all the boxes” for collection, ingestion, processing, analysis, review and production of text and other short message formats: ingestion support of all three major mobile device discovery solutions, conversation-oriented analysis and review, and production in industry-standard formats. Mobile device data is too important to your cases today to expect anything less from your eDiscovery solution.

Are you ready to take control of eDiscovery costs? Let’s talk about how CloudNine can help you save money while optimizing efficiency: Contact Us today.

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CloudNine and eDiscovery Today Partner to Bring Fresh Education to Legal Tech Pros

We’re excited to share some big news: CloudNine is teaming up with Doug Austin and his industry-leading blog, eDiscovery Today, to launch a new educational partnership aimed at empowering legal and eDiscovery professionals.

If you’ve been in the eDiscovery world for any length of time, chances are you’ve read Doug’s work. eDiscovery Today is the only daily blog covering the latest in electronic discovery, information governance, cybersecurity, data privacy, and AI. It’s a trusted go-to for legal tech pros looking to stay sharp—and now, it’s joining forces with CloudNine to take things to the next level.

A Partnership Rooted in Innovation and Experience

“I can’t think of a better time to partner with Doug Austin again, as CloudNine’s innovation in the eDiscovery market is at an all-time high,” said Rick Clark, CloudNine’s VP of Strategic Partnerships and Marketing. “With advancements in modern data analysis, artificial intelligence, and on-premise data processing, we’re excited about what’s ahead. Doug not only educates the industry but is also one of the most respected content creators in the space.”

Doug is equally thrilled to reunite with CloudNine—where his daily blogging career first began. “Working with the CloudNine team again feels like coming home,” he shared. “I’m excited to continue the tradition of educating the legal industry on leveraging eDiscovery technology and best practices to solve ever-evolving challenges.”

What to Expect

This partnership means you’ll start seeing even more content—blogs, webinars, thought leadership, and more—that focuses on practical, modern solutions for handling everything from legacy email archives to today’s fast-growing universe of collaboration and chat data. Whether you’re an eDiscovery pro or just getting started, there will be something for everyone.

About eDiscovery Today

eDiscovery Today, authored by Doug Austin, is the only daily blog serving the eDiscovery and legal tech community with updates on trends, best practices, and case law. Doug has over 30 years of experience in legal tech and has published new content every business day for nearly 15 years.

Exploring the Future of Legal Innovation at The Masters Conference: Thought Leadership in D.C. and Social Media in Discovery and Investigations

On Thursday, April 10, 2025, legal and technology professionals gathered at Arnold & Porter in Washington, D.C. for an inspiring day of discussion, collaboration, and community during The Masters Conference Thought Leadership event. Hosted at Arnold & Porter’s offices at 601 Massachusetts Ave NW, this full-day conference promised a deep dive into the latest challenges and advancements in eDiscovery, legal tech, investigations, and career development.

The conference featured a wide range of insightful sessions—covering topics from artificial intelligence, custodian interviews with modern data challenges, case law updates, and social media collection and analysis. For this blog, I’m focusing on the session that explored the power and process of social media collection and analysis, which stood out as particularly timely and impactful.

The session on social media was titled “Unlocking Social Media Data,” sponsored by SMI Aware, and examined the investigative value of social media evidence. Josh Janow and Paige Hansen (SMI Aware) walked through data preservation strategies across platforms like Facebook, Instagram, LinkedIn, TikTok, Venmo, Strava and over 500 other accounts.

This session actually kicked off at the beginning of the conference, when Josh invited volunteers to have their social media presence assessed live. Using SMI Aware’s platform, the team conducted real-time OSINT (Open Source Intelligence) research on those individuals, compiling reports to present at the 11 a.m. breakout session. Initially, only a few attendees stepped forward—but when the findings were revealed, those volunteers were genuinely surprised by what had been uncovered in just a couple of hours. The reticence on the face of many in the room underscored the power of this tool in the hands of e-discovery professionals.  What began as a novel and engaging activity quickly shifted in tone during the session, as attendees began to recognize social media research as a “must-have” component in litigation, compliance, and due diligence strategies.

Why Social Media Data Matters in Discovery

Since much of our life events are journaled online (as Paige put it), critical evidence is often found in unexpected places—Instagram posts, Venmo transactions, Reddit threads, and business collaboration tools like Slack and GitHub. The session opened with a challenge: What if your case hinges on something someone posted online—then deleted?

Social media can tell a story that contradicts a claim, verifies an alibi, or reveals patterns that shift the legal narrative. Whether it’s a workers’ comp investigation or a high-stakes wrongful termination suit, open-source data is no longer a “nice to have”—it’s a necessity.

When and Where to Search

The first key takeaway? Timing is everything.

Social media content can be altered or deleted. That’s why early case assessment should now include an OSINT component. From public Facebook profiles to lesser-known platforms like Discord or SoundCloud, relevant content often exists in plain sight—if you know where and how to look.

In one powerful case example shared, a claimant in a workplace injury lawsuit posted photos of themselves competing in a dance competition—at a time they were allegedly too injured to work. That evidence was found publicly, but only for a short window before it was removed.

The Legal and Ethical Imperatives

Attorneys and investigators have both a professional and ethical obligation to understand where potential evidence may exist, even if it lies outside traditional custodians and repositories.

The presentation emphasized that collecting this data isn’t about “digging for dirt”—it’s about diligence. When done properly, it involves secure data collection methods, legal defensibility, and a clear chain of custody. Not doing so could mean missing key facts, or worse—compromising the admissibility of your findings.

Challenges and Limitations

Despite its power, social media evidence isn’t without hurdles:

  • Deleted or ephemeral content (think Stories or temporary posts)
  • Private settings that restrict access
  • Platform-specific restrictions on what can be scraped or reviewed

This is where specialized tools and experienced teams like SMI Aware’s come in. Their approach combines automated tools with human analysis to ensure data is gathered ethically, interpreted contextually, and structured into actionable insights with a deliverable of a report and the structured data that can then be imported into a review platform like CloudNine Review.

Real-World Impact: Case Studies in Action

The session walked attendees through several real-world investigations, including:

  • Workers’ Compensation fraud
  • Wage and hour disputes
  • Wrongful termination claims
  • Workplace compliance investigations
  • Pre-employment screening

Each case underscored the same point: social media and OSINT data can change the course of an investigation—or the outcome of litigation.

Key Takeaways

  • Social media is critical to modern discovery. If you’re not using it, you’re behind.
  • Data disappears quickly. Timely collection is key.
  • You need technical tools and expert interpretation to turn raw data into usable evidence.
  • Ethical and professional rules require attorneys to understand how OSINT fits into their duty of competence.
  • The report generated from SMI Aware’s software and service is a ready for an expert and is the main use, but also can create the proper load files for review in an eDiscovery review platform.

This conference was yet another testament to the evolving digital landscape of discovery—where artificial intelligence, modern data collection, and advanced review technologies are increasingly aligned to meet today’s challenges.

Are you ready to take control of eDiscovery costs? Let’s talk about how CloudNine can help you save money while optimizing efficiency: Contact Us today.

data culling in eDiscovery

The CFO’s Perspective: Why Culling Data First in eDiscovery Saves Big Money

By Abhishek Jhaver, CloudNine GM and CFO

As a CFO, managing costs without sacrificing efficiency is always a priority. One of the biggest cost drivers in eDiscovery is data volume —the more data you have, the more expensive it is to process, host, and especially review. That is why culling data before review isn’t just a best practice — it’s a financial imperative.

The High Cost of Excess Data

The traditional approach often involves collecting terabytes of data, much of which is irrelevant or redundant. Legal teams then spend significant resources on processing, hosting, and reviewing data that isn’t needed.

Industry studies show that document review can account for up to 70% of total eDiscovery costs. If we can significantly reduce the volume of data before review, we can directly impact the bottom line. The key is leveraging technology to remove unnecessary data early in the process before it becomes a cost burden. This culling process is typically called Early Data Assessment or Early Case Assessment.

CloudNine LAW: The Smarter Way to Cull Data Early

CloudNine LAW is a powerful solution designed to dramatically reduce data volume before review. By using its robust deduplication, filtering, and processing capabilities of over 5,000 file types, organizations can cut down on avoidable data, saving time and money in the process. Here’s how LAW helps make the corporate legal finance teams happy:

  • Deduplication: A significant percentage of collected data consists of duplicate files. LAW automatically identifies and removes redundant documents, ensuring legal teams aren’t reviewing the same information multiple times.
  • Filtering by Date, Custodian, and Keywords: LAW allows legal teams to filter data based on date ranges, specific custodians, and relevant keywords—removing unnecessary files before they ever reach review.
  • DeNISTing: System files and other non-relevant data clog up eDiscovery workflows. LAW uses DeNISTing to eliminate these non-user-generated files, reducing overall data volume.
  • Efficient Processing for Faster Turnaround: LAW processes large data sets efficiently, enabling legal teams to move to review with only the most relevant data.

 

The Financial Impact of Early Culling

By culling data early with CloudNine LAW, organizations can realize substantial cost savings. Fewer documents to review mean lower processing, hosting, and attorney review costs—potentially cutting review-related expenses by 30-50%. Additionally, streamlined processes allow legal teams to work faster while reducing billable hours and improving case timelines.

For CFOs, the equation is simple:

More data = higher costs.

Relevant data = Significant savings in cost, time, and resources.

 

A CFO’s Call to Action

If your legal team is not leveraging early-stage culling through tools like CloudNine LAW, you are likely overspending. Investing in proactive data reduction is one of the smartest financial decisions you can make in eDiscovery—because in the end, the best way to cut eDiscovery costs is to cut the irrelevant data first.

Are you ready to take control of eDiscovery costs? Let’s talk about how CloudNine LAW can help you save money while optimizing efficiency: Contact Us today.

Oxygen On-Air! Ep. 11: Cracking the Legal Case: eDiscovery with Oxygen Forensics & CloudNine

In Episode 11 of the “Oxygen On Air” podcast, titled “Cracking the Legal Case: eDiscovery with Oxygen Forensics & CloudNine,” Director of Global Solutions at Oxygen Forensics, Dan Dollarhide, and CloudNine’s Vice President of Strategic Partnerships, Rick Clark, discuss the seamless integration of digital data forensics into eDiscovery processes.

 

Chipman Glasser’s Seamless Migration to CloudNine Review

When Chipman Glasser’s legacy eDiscovery platform was set to be discontinued, the firm faced an important decision: find a modernized and cost-effective eDiscovery solution. This prompted them to seek a cloud-based solution that can handle data of all types as well as migrate their current active cases. In a recent webinar, Grace Sheldon (Legal and Admin Assistant at Chipman Glasser) joined Rick Clark (VP at CloudNine) to share insights from the firm’s transition to CloudNine Review.

Migrating 15-16 active cases at once was no small feat, especially with data exported in mixed formats that required adjustments before importing into CloudNine. Early setup challenges, such as limited initial access to the Discovery Portal, were swiftly addressed with hands-on support from CloudNine’s expert services team. Despite these hurdles, the firm quickly realized the advantages of CloudNine’s platform, including seamless remote access, faster search and tagging capabilities, and a more intuitive upload process.

The key takeaway from Chipman Glasser’s experience? Preparation is crucial, but having a responsive and knowledgeable support team makes all the difference. CloudNine’s ease of use, cost-effectiveness, and dedicated customer service helped the firm transition smoothly, modernizing their eDiscovery workflow for greater efficiency and accessibility.

 

 

 

Key Takeaways from The Masters Conference in Dallas…Here’s a Hint…It’s about AI!

By Sheila Sadaghiani

I had the pleasure of attending The Masters Conference in Dallas, and the discussions were nothing short of insightful. If you’re in the legal field and haven’t attended one of these conferences yet, I highly recommend it—it’s an excellent opportunity for both education and networking. As a highlight, one of the most engaging sessions focused on how AI is transforming legal workflows and decision-making.

How Is AI Transforming Legal Workflows and Decision-Making?

AI is rapidly transforming the e-discovery field, with law firms, corporations, and e-discovery vendors expressing growing interest in incorporating AI into their workflows. Many organizations have already begun exploring AI, creating internal task forces to identify use cases and develop policies. However, adoption is cautious due to concerns about data privacy, lack of clear policies, and the potential for errors.

Despite these challenges, AI offers several promising applications in e-discovery, such as speeding up tasks, improving accuracy, organizing large datasets, and aiding in content review. Additionally, AI can assist with legal operations, generating draft responses to discovery requests, creating case timelines, and prioritizing document review.

To successfully implement AI, organizations should start by addressing specific problems, seek expert guidance, provide proper training, and carefully choose tools that align with their needs. By focusing on repeatable processes and data security, companies can adopt AI in a way that enhances efficiency while ensuring responsible use.

 

Application-of-AI-eDiscovery-2025

How AI is Enhancing E-Discovery

Despite the challenges, AI presents significant benefits in the e-discovery landscape, including:

  • Increased Efficiency: AI can accelerate document review and data organization, cutting down on time and resources.
  • Improved Accuracy: AI tools help reduce human errors by identifying relevant information more precisely.
  • Handling Large Volumes of Data: AI can analyze vast datasets that would otherwise overwhelm human teams.
  • Automated Content Review: AI can scan and analyze documents rapidly, identifying key information for legal teams.
  • Enhanced Decision-Making: AI-driven insights into case patterns, trends, and timelines support more informed decision-making.

Challenges Hindering AI Adoption

Despite its advantages, many organizations remain hesitant to fully embrace AI due to:

  • Lack of Clear Policies: Many organizations are still defining internal guidelines, leading to uncertainty around AI use.
  • Privacy and Security Concerns: Executives worry about potential risks to sensitive data when using AI-powered tools.
  • Fear of Errors: The legal industry’s reluctance to make mistakes with a relatively new technology slows adoption.
  • Lack of Expertise: There is a shortage of legal professionals with the technical skills required to work effectively with AI.
  • Overwhelming Options: The abundance of AI tools makes it difficult to choose the right solution.
  • Concerns About Accuracy: Fear of AI generating incorrect or fabricated information (hallucinations) raises credibility concerns.

Best Practices for Adopting AI in E-Discovery

For those looking to integrate AI into their legal workflows, here are some key takeaways from the panel:

  • Get Interested in AI: Begin exploring AI’s capabilities and how it can assist in legal work.
  • Learn and Experiment: Engage with AI tools like ChatGPT to understand their potential impact.
  • Practice Using AI: Experiment by inputting data into AI systems to see how they process and analyze information.
  • Understand Data Input: The quality of AI’s output depends on the quality of the input data—better data leads to better results.
  • Think of Data as Ingredients: One panelist likened AI to a chef—the better the ingredients (data), the better the dish (output).
  • Use Specialized Tools: AI tools specifically trained for legal and e-discovery applications deliver more relevant and accurate results.
  • Establish a Roadmap: Develop a clear strategy for AI implementation to ensure repeatable, defensible processes.

AI is here to stay, and while challenges remain, legal professionals who embrace and strategically integrate AI into their workflows will be better positioned for the future. The Masters Conference continues to be an invaluable platform for discussing these advancements, and I look forward to seeing how AI evolves in our industry.

Reflections on The Masters Conference Miami: Modern Data Management in eDiscovery

On February 18, 2025, at The Masters Conference in Miami, I had the privilege of speaking on a panel alongside Matt Rasmussen (ModeOne), Alex Lewis (Kuro Group), and Brittany Leonard (General Counsel) to discuss one of the most pressing challenges in eDiscovery today: Modern Data Management.

With mobile devices, social media, and collaboration tools now serving as primary business communication channels, legal professionals must rethink how they preserve, collect, and produce this data. Our discussion explored recent case law, evolving trends, and best practices to stay ahead of the curve.

Key Takeaways from Our Discussion

Mobile Devices: Where the Evidence Lives

It’s no secret that mobile data has become central to eDiscovery. Text messages, chat apps, and even geolocation data often hold critical evidence, but the industry still struggling with the collection of this data. We discussed those challenges, but also some ways to ease this challenge:

  • The challenges of preservation, particularly with auto-deletion settings and ephemeral messaging start with proper custodial interviews and understanding communication habits and applications.
  • Recent case at CloudNine, including a scenario where a primary executive had a 30-day text deletion policy, forcing forensic teams to recover and reconstruct messages from over 100 of the executive’s contacts devices.
  • The Safelite v. Lockridge case, where failing to preserve text messages led to sanctions and an adverse inference ruling.

The key takeaway? If mobile data is part of your business operations, it needs to be part of your legal discovery strategy.

Social Media in eDiscovery: More Than Just Screenshots

Social media platforms present another evolving challenge. Courts are increasingly scrutinizing the authenticity of social media evidence, especially as deepfakes and manipulated content become more prevalent.

One of the most eye-opening discussions was around the Rossbach v. Montefiore Medical Center case, where claims were dismissed due to the inability to authenticate social media screenshots—reminding us all that proper data collection and processing is necessary.

Our panel emphasized that collecting social media data is not as simple as hitting “download.” Each platform has different policies, formats, and retention settings, making standardized collection strategies crucial and it is best to leverage experienced service providers that have the proper platforms to collect.

Corporate Communications: The Rise of Slack, Teams, and Hyperlinked Files

Beyond mobile and social, modern eDiscovery must also account for collaboration tools like Slack, Microsoft Teams, and cloud-based file sharing. Recent case law highlights just how important these sources have become:

  • Lubrizol Corp. v. IBM Corp – Courts ordered the production of Slack conversations with specific message thresholds.
  • StubHub Refund Litigation – A case that revealed the complexities of hyperlinked files in emails, prompting courts to reconsider their discoverability.
  • Red Wolf Energy Trading v. BIA Capital Management – A cautionary tale emphasizing the need for defensible Slack and Google Suite collection practices to avoid sanctions.

The takeaway? Traditional email review isn’t enough anymore—legal teams must have a clear plan for collecting, reviewing, and producing data from collaboration tools.

Best Practices Moving Forward

As we wrapped up the session, one thing was clear: modern data challenges aren’t going away. Legal teams must:

  • Develop comprehensive preservation strategies to avoid spoliation issues.
  • Consider proportionality when dealing with high volumes of mobile, social, and collaboration data.
  • Leverage AI and advanced analytics to make large-scale document reviews more efficient.

Final Thoughts

As eDiscovery professionals, we can no longer ignore the reality of modern data required as evidence. Mobile devices, chat applications, and collaboration platforms aren’t just an emerging challenge—they’re the new normal.

A big thank you to Matt, Alex, Brittany, and everyone who attended our session for the insightful discussion. If you missed it or want to continue the conversation, feel free to reach out!

Let’s keep pushing the industry forward.

Navigating the AI Revolution in eDiscovery: Are You Driving, Co-Piloting, or Still Hitchhiking?

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