eDiscovery is a hot topic for 2012.  But before we get too far down the path of emerging trends, let’s make sure we are all on the same page.  AIIM defines eDiscovery as:

“the term used for the initial phase of litigation where the parties in a dispute are required to provide each other relevant information and records, along with all other evidence related to the case.”

eDiscovery covers all electronic communications and data, not just paper, including emails, videos, blogs, tweets and all forms of social media.  Finding the nooks and crannies where this information is housed can be complicated and expensive, as most companies don’t have standards and procedures for the organization and daily management of electronic information.

As you think about litigation preparedness in 2012 for your own organization, keep in mind the following:

• Embrace the cloud, but give careful consideration to eDiscovery concerns.  For many IT groups, migrating targeted applications and data stores to the cloud is a primary objective in 2012.  However, there are significant legal, privacy, security, and control issues that need to be examined and considered before taking this leap.   What kinds of information can be moved to the cloud and what needs to stay local?  Where will the vendor store the data – on a dedicated server, in a specific data center, or without restriction and across multiple data centers in multiple countries. Careful negotiation, a clear understanding of legal risks, and a well defined information governance strategy is needed to protect the data and information moved to (or posted in) the cloud.

• Understand the scope and reach of social media.  Social media is quickly replacing traditional efforts in the evolution of marketing.  This new approach brings unique challenges:  multiple and growing channels (Twitter, Facebook, Blogs, Google+, etc) that are touched by multiple departments and hands within the organization.  Keeping up with the original source, authorization, and distribution channels associated with this data can be overwhelming!  Companies will need to develop defensible policies and procedures for corporate social media initiatives as well as behavioral guidelines for their staff.

eDiscovery is evolving as the growth and complexity of information technology continues to expand in the business marketplace.  IT and General Counsel must strengthen their relationship in 2012 to build strategies that support technology improvements and operational excellence, while mitigating risk and ensuring success.