The Biggest Unanswered Questions in Electronic Discovery

Ron Friedman does a great job of highlighting the biggest unanswered questions in electronic discovery today in a post called “Future (Pending??) E-Discovery Landmines?
Here’s the way I’ve phrased the issue: What will “documents” mean in a world where almost all information is held in gigantic databases? That might mean huge enterprise databases and database applications (e.g., SAP) or the world of Web 2.0 (the web as a set of database apps on the biggest database there is).
Interestingly, Ron, Tom Mighell and I recorded a webcast on electronic discovery last fall that hasn’t yet been released (for reasons outside our control) where we touched on this topic for a few minutes. Ron, in his post, has done a great job of introducing and exploring the topic.
If you thought the move from paper discovery to electronic discovery was difficult, you ain’t seen nothing yet.
Read Ron’s post.
[Originally posted on DennisKennedy.Blog (]
Learn more about electronic discovery at Dennis Kennedy’s Electronic Discovery Resources page.
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  1. Jeff Carr says

    Dennis — it strikes me that from the corporate perspective, the biggest ediscovery question has nothing to do with ediscovery but rather with digital domain management. Ediscovery poses the same 6 questions relevant to any data — what to keep, why, where, how long, how do you find it, and how do you deliver it. Whether answering a ediscovery request (find and deliver), or limiting data exposure through the safe harbor provions (why and how long), finding the 12 contracts with the same customer throughout the company (what, where, why, deliver), the issues all do to domain architecture and search tools. I’m quite frankly tired of the endless ediscovery vendor calls and conferences about the “y2k”, “SOX,” or “CD&A” issue of 2006-07. I’m looking much deeper that ediscovery but rather into enterprise-wide digital domain management tools. The learning corporation leverages it’s digital domain for many purposes — only one of which is litigation. Remember, unless the company is a lawfirm or a patent troll, it’s buseiness is making and selling stuff or providing services — it’s not to win cases, answer interesting questions of law, or be great at e-discovery. Indeed, a truly high performance company wouldn’t have much of an e-discovery issue becuase it would use many tools to avoid litigation in the first place.