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2016 Snapshot eDiscovery Predictions from ComplexDiscovery

Simplistically stated, 2016 appears to be the year where eDiscovery will reach new levels of automation, will increasingly be delivered as a SaaS offering, and will be evaluated by corporations and law firms through the lens of data and application security.

1.  New Levels of SaaS-enabled Automation

eDiscovery acceptance of technology automation of eDiscovery tasks continues to grow. In 2015 technology-assisted review (TAR) began the transition from being ‘asked about’ to being ‘asked for’ in documents reviews.  This transition was demonstrated not only by the subjective increase of mentions of TAR in case law and the media but by the objective adoption of TAR in corporations approaching 30% according to some industry surveys.  Additionally, newer eDiscovery providers are increasingly highlighting the term ‘automation‘ in their client messaging, further emphasizing the growing market acceptance and understanding of automation as an eDiscovery term. New levels of automation are a key driver for SaaS growth in the legal discovery arena as TAR and eDiscovery automation technologies appear to be delivered primarily via SaaS.

Prediction: SaaS-enabled eDiscovery automation will continue to transform the legal discovery market.

2.   Growth of eDiscovery SaaS Offerings

Acceptance of SaaS-enabled eDiscovery offerings continues to increase internationally and in some market research is estimated to comprise, along with PaaS and IaaS offerings, more than 75% of the total eDiscovery software market.  This growth should continue at a rate well above industry software expectations of between 10-15% CAGR through 2019.  This acceptance of SaaS and corresponding use of SaaS eDiscovery offerings by corporate and law firm eDiscovery professionals appears to be driven by the time and cost benefits of SaaS models and further accelerated by the fact that the most advanced eDiscovery technologies are being born and delivered via SaaS. Also, due to the predictable cost structure for the delivery of SaaS offerings, eDiscovery SaaS offerings will increasingly be packaged as managed services and delivered under subscription pricing models.

Prediction: eDiscovery SaaS offering revenue will grow well above the rate of eDiscovery software growth.

3.  Increasing Security Focus on eDiscovery SaaS Offerings

Data and application security moved from mainstream awareness to widespread impact during 2015. The stories on data breaches continue to reach our eyes and ears daily, and the effects of these breaches span the spectrum from personal embarrassment to corporate liability.  Because of this fact, 2016 appears that it will be a year of increased security focus for eDiscovery providers delivering outside of the firewall solutions, such as SaaS offerings, to clients. Certification and compliance qualifications and performance will become an integral part of RFP and RFI requirements and will no longer be presented as marketing differentiation afterthoughts, but as technology and process requirements.

Prediction: Security will move to the forefront of vendor qualification requirements and descriptions of compliance with ISO 27001, EU Data Protection Laws, HIPAA, and the HITECH Act, just to name a few, will move from the back of RFPs/RFIs to the front. Security will be viewed as part of the technology offering, not just as a way of securing the technology.

Lagniappe: Impact on Market Consolidation

Additionally, SaaS will serve as a driver for increasing eDiscovery provider consolidation as vendors with outdated technologies will need to acquire or partner with vendors delivering the latest and greatest eDiscovery offerings. Since a preponderance of new offerings are SaaS-enabled, SaaS will indirectly help accelerate industry consolidation.

Prediction: Increasing acceptance and use of SaaS in eDiscovery will indirectly contribute to eDiscovery provider consolidation in 2016.

Source: ComplexDiscovery

 

Generative Artificial Intelligence and Large Language Model Use

ComplexDiscovery OÜ recognizes the value of GAI and LLM tools in streamlining content creation processes and enhancing the overall quality of its research, writing, and editing efforts. To this end, ComplexDiscovery OÜ regularly employs GAI tools, including ChatGPT, Claude, Midjourney, and DALL-E, to assist, augment, and accelerate the development and publication of both new and revised content in posts and pages published (initiated in late 2022).

ComplexDiscovery also provides a ChatGPT-powered AI article assistant for its users. This feature leverages LLM capabilities to generate relevant and valuable insights related to specific page and post content published on ComplexDiscovery.com. By offering this AI-driven service, ComplexDiscovery OÜ aims to create a more interactive and engaging experience for its users, while highlighting the importance of responsible and ethical use of GAI and LLM technologies.

 

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ComplexDiscovery OÜ is a highly recognized digital publication focused on providing detailed insights into the fields of cybersecurity, information governance, and eDiscovery. Based in Estonia, a hub for digital innovation, ComplexDiscovery OÜ upholds rigorous standards in journalistic integrity, delivering nuanced analyses of global trends, technology advancements, and the eDiscovery sector. The publication expertly connects intricate legal technology issues with the broader narrative of international business and current events, offering its readership invaluable insights for informed decision-making.

For the latest in law, technology, and business, visit ComplexDiscovery.com.