As companies’ communication and documentation have become increasingly digital, the volume of electronic data generated has grown exponentially. Much of this data is unstructured, in the form of text, dates, numbers, graphics and other information not organized into an easily processed order, as in a database. This trend has become a major burden on the discovery process in litigation, as parties must first identify relevant documents to produce among their vast quantities of electronic files, and then must review the opposing party’s often prodigious electronic document production. In addition, a massive electronic “data trail” increases companies’ risk that potentially valuable ideas will be buried, that its intellectual property will be revealed to others or that an adversary will find evidence of infringement of intellectual property rights. The sheer size of the data pool, however, often acts to deter companies from performing analysis unless forced to do so by the instigation of legal proceedings.
But the news isn’t all bad.
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