There’s no use in pretending anymore that web and social media content in eDiscovery doesn’t need to be presented in its full context as part of a native format web archive. Courts and regulators are requiring it, and it’s something I discuss with current and prospective Hanzo clients all the time. Another topic: The skyrocketing costs of eDiscovery attorney review fees.
These fees are often the most expensive part of eDiscovery. How does that relate to web content capture? From a digital standpoint, websites can contain thousands or millions of pages. Also, the aggregate review of Chatter posts, tweets, and Facebook comments — you get the point. Consequently, with the web presence of some companies being in the hundreds of millions of pages, that’s a huge amount of content to have to sort through and review.
What makes the costs of eDiscovery even more unpalatable are recent reports of judges reducing the amount of reimbursements awarded in relation to eDiscovery expenses. Even attorneys are looking to wrangle potential runaway costs for their clients.
This brings me to where web and social media archiving assist both attorneys and clients. The first step, as with network data, is to know where to look for relevant content. A proper web archive policy will enable you to quickly locate relevant content from a documented, defensible, well-organized archive. This means less content for review from the outset.
Additionally, well-constructed, native file web and social media archives:
- Provide a more efficient way to filter and search relevant content for review
- Make it easy to export selected archive files, data, and full text to Clearwell, Recommind, Symantec Enterprise Vault™, and other review applications for further culling or filtering prior to review
- Enable legal counsel to present web and social media content in original, native format context from forensically sound archives immune to spoliation as valid evidence in court
With personal experience in the world of eDiscovery, I can’t stress enough how important web and social media archiving is for all corporations interacting with customers or business partners via the web. To continue this conversation and learn why, contact me to schedule a one-on-one demo.