Ron Bodenmann, founding partner of CyberCorp Forensics, gives his insights into e-discovery. For more from Bodenmann, check out “Digital Detective” in our June issue. Sign up for our newsletter and we’ll email you when it’s available online.

What’s the biggest change in your industry in the past year?

One of the most significant changes we observe year over year is the increase of ESI (electronically stored information) stored by our clients. Regardless of the size of the company, the volume of data stored across various mediums has forced businesses to change how they manage their data. Potentially relevant data can exist on mobile devices, local computers, network devices, cloud based services, external media, email and other communication platforms. Without a solid data management plan in place, businesses may experience unnecessary growing pains and encounter obstacles in how they review, process and store data.

What do you foresee as the biggest change on the horizon in the year to come?

The most considerable change in the near future is the increased level of involvement by courts in cases concerning ESI. Not only do we expect courts to be more involved in determining how and to what extent data is reviewed, we also predict the courts will be more involved in the expenditures of each party up to and including ordering the parties to share the cost of discovery. This, in turn, will require a higher level of understanding with attorneys and staff. Considering these changes, along with the year-over-year increase in ESI volume, firms without the proper systems and procedures in place will fall behind and inevitably spend much more for e-discovery costs.

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