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How to Manage Diverse Data Types in Government Ediscovery

by Gina Jurva

Information sources are continuing to expand in the realm of ediscovery. Phones, computers, smart watches and devices, the Internet of Things (IoT) , all forms of electronically stored information (ESI) contain potentially discoverable information in the discovery process.

As such, lawyers from all sectors are being bombarded with large quantities of data. For government lawyers who are often required to adhere to budgetary constraints, cybersecurity concerns and privacy considerations, the diverse array of evidence types from body camera footage to social media content is more complicated than ever. 

Federal, state and local agencies find themselves grappling with the complexities of a data explosion, the hunt for technologically-savvy support staff, and the important task of safeguarding sensitive information such as personally identifiable information (PII). 

Finding an ediscovery solution with enhanced capabilities and functionality is key to operational efficiency. Here we will take a look at the different types of data and ways to ensure you have the right solution in place. 

The Ediscovery Data Landscape

Not long ago, traditional ediscovery workflows consisted of emails and some larger office files like presentations and PDF files. However, the paradigm has shifted as evidence now emerges from diverse external data sources such as photos, videos and encrypted messaging apps like Signal. 

The inevitability of dealing with diverse and proprietary data sources is crystal clear, according to Sean Hert, Litigation Support Manager at the Ohio Attorney General’s Office. 

"Teams messaging, Signal app – it's all on our horizon," Hert remarks, hinting at the technological storm that government litigation support is gearing up to face. 

The concern extends to handling various proprietary video formats as well according to Hert, especially from prisons, where each facility seems to have its own unique system. Understanding the data, its types, locations, and usage is pivotal in navigating the intricate landscape dictated by various regulations and evolving data-sharing agreements. 

Kathy Enstrom (left), Sean Hert (center), and Eric Kolbeck (right) speak at Everlaw Summit '23.
Kathy Enstrom (left) speaks at Everlaw Summit '23 alongside Sean Hert, from the Ohio State Attorney General's Office, and Erik Kolbeck, Assistant Attorney General at Office of the Minnesota Attorney General

Different Types of Data

There are many different types of data lawyers and support staff need to consider. Video and audio files can be particularly voluminous. The extensive nature of video files in particular pose challenges in manual review, necessitating the use of Technology-Assisted Review (TAR) tools. These tools streamline the review process by prioritizing relevant segments, reducing human error, and enhancing overall efficiency. Metadata analysis and transcription services further aid in cataloging and indexing video content. 

Audio recordings including voice messages and memos need to be analyzed for clarity, authenticity, and relevance, and can benefit from audio enhancement tools and transcription services.

Attendant to video footage is body camera footage often collected in criminal cases. These are typically large files, demanding efficient storage, retrieval, and analysis systems.

Mobile and text data is also part of routine discovery. This includes text messages from mobile devices, including traditional phone providers, as well as messaging apps like SMS, Signal, WhatsApp, WeChat and more.  

Another source of voluminous data sources are photos which often require meticulous organization and categorization in the discovery phase of a case. Here, implementing image recognition and categorization algorithms can automate sorting, while metadata extraction provides additional context and aids in establishing the authenticity of images. Ediscovery workflow software can help create an index of evidence, store data in a secure repository, and analyze and map large quantities of data. 

Increasingly, social media posts provide a wealth of evidence in legal proceedings. This is a treasure trove of diverse digital evidence, requiring specialized tools for ediscovery. These tools assist in collecting and preserving content while respecting privacy considerations. 

Emails, a common and critical form of evidence, can be daunting due to their sheer volume. Email threading tools help organize and present email chains cohesively, while advanced search and filtering capabilities are essential for isolating relevant content efficiently.

Documents and spreadsheets exist in various formats, requiring compatibility and accurate interpretation. From PDFS to Excel spreadsheets, technology can aid in converting scanned documents into searchable and editable text. 

Also, GPS and location data must now be considered and can be crucial for establishing timelines and movements, requiring accurate interpretation. 

Choosing an Ediscovery Solution

With all of that data out there, government lawyers and support staff need a technology solution that can handle the diverse data sets, archiving, and more. Choosing the appropriate tool to tackle current and future ediscovery challenges entails a considerable investment of an organization's time and financial resources, with the added risk of a costly misstep. 

The Ohio AG’s office invested in Everlaw as their ediscovery tool of choice. Hert highlights the platform's prowess in simplifying the handling of audio and video files from interviews. It's a one-stop solution – from redaction to excerpting – streamlining workflows and saving valuable time.

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"We can dump it in Everlaw. We can redact. We can take excerpts. We can do all the stuff that we need to on the platform,” he said. “And that means my staff doesn't have to know three types of different software. It means our office doesn't have to subscribe and pay for all these different softwares anymore. It's all built into Everlaw. 

More importantly for Hert, it creates unparalleled efficiency. “So, it's not only a time saver. There's a definite cost savings for us too," he explains, emphasizing the transformative impact on their operational efficiency.

Transform Your Approach to Ediscovery

As the breadth and diversity of data experience a seemingly boundless upswing in the future, legal teams must confront these associated challenges with a solution that is equally dynamic and technology-enabled.

You don’t have to look far. Transform your approach to litigation and investigations with Everlaw, the world’s most advanced ediscovery software. Schedule a free demo today