Insights Articles

Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of September 7-13.

Here's what's happening.

ILTA Technology Survey & eDiscovery Findings

The International Legal Technology Association (ILTA) released its 2025 Technology Survey, with an executive summary and full text available here, and it contains some interesting eDiscovery nuggets.

As reported by Doug Austin at eDiscovery Today, the survey shows 52% of respondents are looking to use Generative AI for litigation support, eDiscovery and training programs – a slight increase from last year. Another increase: 62% of respondents said they either conduct eDiscovery in the cloud or are migrating within the next 12 months. That number was 56% last year and 53% in 2023.

Legaltech News also covered the report, which found that for at least the second year in a row, Microsoft Teams was the top law firm video conferencing software, with 86% of respondents saying they’re using it. Zoom was the second top provider at 19%.

What do these findings mean for eDiscovery? For one, the popularity of Teams and Microsoft cloud solutions means the challenges of storing, preserving, and producing this type of data is becoming less burdensome, and courts are likely to demand that organizations should proactively strategize on managing data in Teams and hyperlinked documents in the Microsoft cloud. If your organization is looking to change solutions, a trusted eDiscovery provider can help you consult on data management so that future litigation doesn’t catch you off guard.

Brainstorming group on the admissibility of GenAI data

The Sedona Conference recently announced that its Working Group 1 on Electronic Document Retention and Production (WG1) is forming a brainstorming group to evaluate the legal and practical considerations for discovery and admissibility of Generative AI data, including grounding/training data, prompts, inputs, and outputs.

The deadline for submitting an application to participate in the working group is September 23. The group will focus on the discoverability of GenAI data under the Federal Rules of Civil Procedure (FRCP), admissibility under the Federal Rules of Evidence (FRE), and any resulting privacy and privilege implications.

Other recent eDiscovery news and headlines:

• Slack Documents Not in Defendants’ Possession, Custody, or Control, Court Rules: eDiscovery Case Law (eDiscovery Today)
• No Duty to Produce Documents That Requestor Already Has (EDRM Blog)