Episode 4 speaker Todd Marlin co-authored a piece with EY colleague, Glenn Perachio, in February 2021 entitled “How to navigate the next data frontier in eDiscovery”.  The piece states, among other things:

“The discovery and disclosure of novel, nonstandard electronically stored information (ESI) poses many of the same problems as managing common Microsoft Outlook and Office files.  As the volume of data increases along with the number of different channels, each with its own storage location, the challenges related to preserving metadata, capturing system data accurately, and effectively restoring deleted data increase as well.  These are critical considerations because the time and costs of locating, reviewing and preparing nonstandard data formats for production may be much greater than more familiar forms of ESI prompting potential arguments about proportionality in a contentious dispute.”

Read the full piece here.