International Data Corporation estimates the volume of digital data created globally will grow 40 percent to 50 percent a year, reaching 40 zettabytes by 2020. Managing these growing data volumes during e-discovery is, and will continue to be, extremely challenging and costly. Nowhere is this more evident than in the review of documents for privilege, especially in large cases.

John Facciola, a retired magistrate judge from the District of Columbia, speaking on Exterro Inc.’s recent webcast, Federal Judges Panel: Avoiding Irreversible Mistakes in E-Discovery, estimates that review accounts for about 70 percent of e-discovery costs, and much of that is spent on identifying privileged documents.