Exploring Cloud-Based eDiscovery

Cloud computing has become mainstream in the IT field. It has changed the way we generate, share, and store data. Almost every major tech company considers the cloud to be the preferred hosting solution today. And, with more and more companies migrating to the cloud, the ever-growing volumes of data are on the rise as well. This increases cloud computing’s economy and brings down data storage costs, making it more appealing to businesses.

Exploring Cloud-Based eDiscovery

When the first cloud-based eDiscovery solutions were created, the intention was to give a quick fix to the users. They had paltry features that offered limited functionality. These solutions were unable to handle the demands and complexities of eDiscovery. However, if you choose a cloud-based eDiscovery software, you can take advantage of the features of cloud computing without sacrificing enterprise-class functionality. The cloud offers many advantages over the on-premises deployment model that you can’t afford to miss out on.

Detailed Analysis of Data Breaches

A data breach is an incident that involves unauthorized access or illegal viewing of data by an individual or an application. Cyberattackers access an unsecured location to steal, publish, and sell data. Over the years, these attacks have become more cunning and malicious. At times, organizations don’t even know they are being attacked until the attackers have caused maximum damage. So, how can you know if you have been breached?

Hackers know how to find vulnerabilities in your network and cover their tracks. Your best way to handle this is a good offense. Here are some signs that your business has breaches:

  • Confidential data of your company leaked online

  • Login attempt from an unsecured or remote location

  • Unauthorized downloads on the network

  • Logs attempting to interfere and cover up a data breach

  • DDoS attack sidetracking your IT and security team

You might get the notification of a breach from your staff, an external source, or law enforcement. Attackers have now broken through your company’s security shields. Now, what you can do is contain the incident and reduce the damage. First, you have to take steps to stop bleeding your critical data assets. All forensic evidence must be preserved for the investigation and remediation process, which is where a cloud-based eDiscovery software comes into play.

Once you are done with this, you have to work on improving your organization’s security policies so that you can avoid common pitfalls in the future.

Cloud eDiscovery Methodology

When it comes to cloud eDiscovery, the exact process differs based on the requirements of your organization. However, there are some general steps for you to focus on:

  • Data Collection and Preservation

    It is crucial to collect and manage your organization’s data across all the devices and cloud applications so that it is ready for when the legal team needs it. Using a cloud-based eDiscovery solution will help you manage it easily and put the required data on legal hold within seconds. Using this approach will help you save a ton of time that you would otherwise be spending on manual processes.

  • Data Transfer and Ingestion

    Next, you will have to transfer the collected data to authorized people, departments, or authorities. For this step, you have to maintain a clear chain of custody. Sending data through an insecure network will only hurt your case. eDiscovery software offers a secure platform for you to quickly and securely transfer data.

  • Data Review

    Now that you have the data, you can get down to analyzing and reviewing it to find relevant documents. A highly-optimized solution in the form of a cloud based eDiscovery software will ensure that you are not constrained by fixed infrastructure and limited computing.

eDiscovery Best Practices: Things to Know Before Moving eDiscovery to the Cloud

Cloud eDiscovery offers a multitude of benefits. But before you embark upon this journey and ensure a seamless migration, there are certain things to consider:

  • Actively Involve All Stakeholders Across Multiple Departments

    Before you implement a new model, you must involve stakeholders from all the departments that will be using it. This includes management teams from IT, legal, security, compliance, and other departments. You can also take the help of outside counsel.

  • Identify Potential Cost Savings

    Migrating to the cloud can be expensive, but there are ways to save costs. Try implementing the Electronic Discovery Reference Model (EDRM) that defines the eDiscovery process, allowing you to take advantage of all the services. It can also help you reduce the costs associated with hardware and in-house support systems.

  • Evaluate the eDiscovery Platform First and the Cloud Options Second

    If a solution cannot satisfy your eDiscovery requirements, it won’t matter how efficiently it can store your data. You have to first check the eDiscovery offerings on a platform to make sure that it is capable of supporting your workflows.

  • Benchmark Your Existing eDiscovery Processes

    If you already have an eDiscovery solution, you must compare it to a potential new provider by implementing a small project. The new solution should be able to load and export the data and offer a better turnaround time.

  • Learn the Differences Between Public and Private Clouds

    It is crucial for you to know the whereabouts of your data and whether or not the provider is securing it as per your industry’s regulations. For instance, if you deal with international data, you have to consider those countries’ rules regarding data privacy.

  • Assess Potential — and Realistic — Risks Associated with Security, Data Privacy and Data Loss Prevention

    You must have clearly defined policies in place about how the cloud provider will be handling your data security. Compare different cloud providers’ security mechanisms for making an informed decision.

  • Develop an Implementation Plan, Including an Internal Communication Strategy

    If you already have an eDiscovery solution, you must compare it to a potential new provider by implementing a small project. The new solution should be able to load and export the data and offer a better turnaround time.

  • Leverage the Success or Adoption of Other Saas Solutions in the Organization to Lessen Resistance

    When you move your eDiscovery processes to the cloud, there will be a cultural change within the organization. However, it is highly likely that they are already using some form of a SaaS solution. Reference the successful implementation of other SaaS solutions to quell internal concerns.

  • Test the Software with a Small Project

    It is recommended that you find an old case with known outcomes as a test project for the new solution. There is no risk involved, and it will give you the opportunity to try the cloud provider with your own data before you purchase it.

  • Understand You Are Still the Ultimate Custodian of All Electronically Stored Information

    Ultimately, the data is yours, and the responsibility for its security is yours as well. According to the Federal Rules of Civil Procedure, it doesn’t matter where your data is hosted; the organization that owns it is the one responsible for it. So, it is of paramount importance to know everything about the storage of your data and the mechanisms in place to secure it. If a cloud provider cannot satisfy these needs for you, it would be better to move on.

The Way Forward For eDiscovery In The Cloud

As the technologies continue to evolve, the process of collecting and quantifying data for eDiscovery becomes more complex. Today, eDiscovery involves diverse data sources, technologies, and devices, changing the way eDiscovery is handled. There are several future change agents that have the potential to disrupt the eDiscovery processes:

  • Artificial Intelligence (AI) – When it comes to identifying relevant eDiscovery information, there are already solutions on the market that offer AI-driven technology-assisted review. Casepoint’s AI works in the background to help you find relevant, non-relevant, and privileged documents. As technology continues to evolve,AI might end up writing emails as well.

  • Blockchain – The inherent characteristics of blockchain can make it the key technology enhancing the eDiscovery processes. However, applying blockchain, a distributed database technology, to eDiscovery can be complicated.

Advantages of Cloud-Based eDiscovery Tools

Now, let’s get into the benefits of using cloud application eDiscovery tools:

Advantages of Cloud-Based eDiscovery Tools

  • Scalability

    With cloud based eDiscovery tools, you will get scalability, allowing you to add more resources to meet the demand. So, your legal team will be ready for any size task that comes their way. It takes the guesswork out of figuring out the capacity you will need, and you won’t waste money on expensive infrastructure you won’t need.

  • Accessibility

    With remote work, organizations need the ability to provide access to data as well as the applications needed to run their business. A cloud-based eDiscovery tool can ensure that your employees can access the information from anywhere in the world.

  • Security

    Cloud-based eDiscovery software has been created by keeping security in mind. With the public cloud, companies can benefit from multiple data security layers that are stronger than what you could have implemented on your own.

Conclusion

When deciding on exploring and deploying eDiscovery cloud software, it is best that you involve your IT, legal, and finance teams in the decision-making process. All the teams must work together on evaluating your options and deciding on the costs. It will help you get the accurate information you need and get more credibility with corporate management.