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.

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