How Distributed Ledger Technology Might Influence eDiscovery

Attorneys now need to recognize blockchain transactions as a source of ESI that needs to be considered in preparing and responding to discovery requests, in the same manner as text, social media, and other electronic data sources.

Extract from an article from Epiq

Blockchain and eDiscovery

Blockchain technology has even entered the realm of eDiscovery. Attorneys now need to recognize blockchain transactions as a source of ESI that needs to be considered in preparing and responding to discovery requests, in the same manner as text, social media, and other electronic data sources. Distributed ledger technology can both provide benefits and present obstacles for legal practitioners.

Document Review and Distributed Ledger Technology

On the positive side of things, during discovery review blockchain records may be more verifiable, easier to authenticate, and more reliable because of the ledger’s immutable characteristics. The permanency feature of blockchain is also very appealing in litigation because potentially relevant information cannot be erased. When responding to discovery requests law firms could also start using blockchain instead of the typical Bates numbering system. Doing so would arguably make discovery production more certain and secure than before.

Additional Reading:

 

Have a Request?

If you have information or offering requests that you would like to ask us about, please let us know and we will make our response to you a priority.

ComplexDiscovery is an online publication that highlights cyber, data and legal discovery insight and intelligence ranging from original research to aggregated news for use by cybersecurity, information governance, and eDiscovery professionals. The highly targeted publication seeks to increase the collective understanding of readers regarding cyber, data and legal discovery information and issues and to provide an objective resource for considering trends, technologies, and services related to electronically stored information.

ComplexDiscovery OÜ is a technology marketing firm providing strategic planning and tactical execution expertise in support of cyber, data and legal discovery organizations. Focused primarily on supporting the ComplexDiscovery publication, the company is registered as a private limited company in the European Union country of Estonia, one of the most digitally advanced countries in the world. The company operates virtually worldwide to deliver marketing consulting and services.

From Russia (and China) with Love? The UK National Cyber Security Centre Annual Review

According to the NCSC Annual Review, China remained a highly sophisticated...

New Federal Government Cybersecurity Incident and Vulnerability Response Playbooks

According to Matt Hartman, Deputy Executive Assistant Director for Cybersecurity, "The...

A Surge in Cybercriminality? The Annual ENISA Threat Landscape Report – 9th Edition

According to EU Agency for Cybersecurity Executive Director Juhan Lepassaar, “Given...

Considering Zero Trust? November 2021 Cyber Events Report from NATO CCDCOE

Computer security professionals love to say that there is no such...

A Long Runway? KLDiscovery Files for Initial Public Offering

On Tuesday, November 23, 2021, KLDiscovery took a strong step toward...

Modus Secures Working Capital Facility from J.P. Morgan

According to Steven Horan, Chairman, and CEO of Modus, “Having the...

Driven and Innovative Discovery Merge

According to the announcement, Silver Oak Services Partners, a private equity...

Smarsh Acquires Digital Safe Product Line from Micro Focus

According to Smarsh CEO Brian Cramer, “Solving the sophisticated archiving, compliance...

An eDiscovery Market Size Mashup: 2021-2026 Worldwide Software and Services Overview

From market retraction in 2020 to resurgence in 2021, the worldwide...

A New Era in eDiscovery? Framing Market Growth Through the Lens of Six Eras

There are many excellent resources for considering chronological and historiographical approaches...

An eDiscovery Market Size Mashup: 2020-2025 Worldwide Software and Services Overview

While the Compound Annual Growth Rate (CAGR) for worldwide eDiscovery software...

Resetting the Baseline? eDiscovery Market Size Adjustments for 2020

An unanticipated pandemeconomic-driven retraction in eDiscovery spending during 2020 has resulted...

Five Great Reads on Cyber, Data, and Legal Discovery for November 2021

From worldwide eDiscovery market sizing and discovery intelligence to cybersecurity playbooks...

Five Great Reads on Cyber, Data, and Legal Discovery for October 2021

From artificial intelligence and predictive coding to eDiscovery business confidence and...

Five Great Reads on Cyber, Data, and Legal Discovery for September 2021

From countering ransomware to predictive coding and packaged services, the September...

Five Great Reads on Cyber, Data, and Legal Discovery for August 2021

From the interplay of digital forensics in eDiscovery to collecting online...

Calm Before the Storm? Eighteen Observations on eDiscovery Business Confidence in the Fall of 2021

In the fall of 2021, 71.2% of survey respondents felt that...

Help Wanted? Issues Impacting eDiscovery Business Performance: A Fall 2021 Overview

In the fall of 2021, 27.4% of respondents viewed lack of...

Harvest Time? eDiscovery Operational Metrics in the Fall of 2021

In the fall of 2021, 67 eDiscovery Business Confidence Survey participants...

Unseasonably Hot? Fall 2021 eDiscovery Business Confidence Survey Results

Since January 2016, 2,595 individual responses to twenty-four quarterly eDiscovery Business...