eDiscovery Daily Blog

• May 27, 2025

Masters Conference Chicago | May 20, 2025
Hosted by Seyfarth Shaw LLP | Presented by Infinnium

As the legal landscape continues to involve many new communication data as evidence, the conversation around data governance and eDiscovery is becoming more urgent and more strategic. At the 2025 Masters Conference in Chicago, a dynamic panel featuring Doug Kaminski, Chief Revenue Officer of Infinnium, and David Cohen, Senior Counsel at Reed Smith LLP, offered a powerful call to action: The data revolution is not coming; it’s already here.

A Moment of Reckoning for Legal Tech

“This is a pivotal moment in the legal profession,” Kaminski opened, “and shiny GenAI tools alone won’t cut it. Real transformation demands a shift in how we manage and make sense of our ever-expanding data universe.”

Kaminski and Cohen explored the imminent overhaul of the Electronic Discovery Reference Model (EDRM) in what’s being dubbed “EDRM 2.0” and aims to integrate with the Information Governance Reference Model (IGRM) and address the increasingly blurred lines between governance, discovery, and compliance.

Cohen noted, “It’s time to revise the EDRM because what we do today often begins with filtering and analysis before collection. The traditional model doesn’t reflect that. Analysis is now happening at the very beginning of the process as well as most every step along the way.”

The Push Toward the Source

In today’s data-rich environment, organizations can no longer afford to “lift and shift” massive datasets across siloed systems. Kaminski emphasized the growing importance of conducting analysis at the data source: “You get to the answers you want sooner, without error-prone handoffs or multiple data copies. Review is then on richer, more relevant content.”

This upstream approach: Identify, Preserve, Process, and Analyze in-place is gaining traction thanks to advanced connectors and automation tools. Kaminski highlighted Infinnium’s suite of over 50 data connectors as an example of how technology is enabling pre-collection analytics, sentiment analysis, and early identification of sensitive content, all while minimizing disruption.

The Expanding Data Universe

Both speakers stressed the massive growth in enterprise data types. “It’s not just documents and emails anymore,” Cohen explained. “It’s corporate communications, chat platforms, and other ephemeral sources. Email itself is still growing as a communication standard.”

Complicating matters are rising privacy regulations and increasing volume-related costs, especially from cloud platforms like Microsoft 365. These pressures are fueling a renewed interest in data minimization which is a principle that’s becoming essential for legal teams managing both compliance risk and cost.

“Legal operations are getting more involved,” Kaminski said, “and they’re finding that minimizing data proactively is not just best practice, it’s a necessity.” He warned that if data isn’t proactively remediated before a litigation event, it will inevitably become part of discovery, leading to exponential costs and risks.

Defensibility in the GenAI Era

While there’s growing excitement around Generative AI, adoption in legal workflows remains cautious. “There’s still fear around hallucinations and reliability,” Cohen acknowledged. “But ESI protocols remain the best safeguard for determining how GenAI and human review can complement each other.”

Importantly, Cohen emphasized that organizations need to actively manage their data environments and not just to comply with laws like the GDPR or CCPA, but also to defend against evolving threats, including weaponized DSARs (Data Subject Access Requests) and cyber breaches.

Action Steps for Legal Teams

So what can organizations do today?

• Challenge legacy thinking. Reevaluate traditional workflows and consider how modern tools can shift functions leftward in the EDRM.
• Embrace practical data minimization. Reducing data footprints helps control costs and limit exposure.
• Think holistically. Understand the entire data universe from creation to retention to remediation.
• Leverage AI responsibly. Use it where it helps most, but always under robust review protocols.
• Find a sherpa. As Kaminski noted, “You don’t have to do it alone, but you do have to start.”

Conclusion

The key takeaway? The legal world must stop reacting to data and start governing it actively, strategically, and in place. The convergence of compliance, technology, and litigation readiness is creating both pressure and possibility. For those willing to rethink their processes and embrace modern tools, the data revolution isn’t a burden it’s a competitive edge.

www.Infinnium.com
Know your Data. Govern your Data. In Place.