eDiscovery Daily Blog

Thinking Like a Millennial: How Millennials are Changing Discovery, Part Four

Editor’s Note: Tom O’Connor is a nationally known consultant, speaker, and writer in the field of computerized litigation support systems.  He has also been a great addition to our webinar program, participating with me on several recent webinars.  Tom has also written several terrific informational overview series for CloudNine, including his most recent one, Biggest eDiscovery Challenges Facing Plaintiff’s Attorneys, which we covered as part of a webcast on June 26.  Now, Tom has written another terrific overview regarding the impact of millennials on eDiscovery titled Thinking Like a Millennial: How Millennials are Changing Discovery that we’re happy to share on the eDiscovery Daily blog.  Enjoy! – Doug

Tom’s overview is split into five parts, so we’ll cover each part separately.  Part one was last Tuesday, part two was last Friday and part three was Monday, here is the fourth part.

Impact of Millennials on Legal Technology and eDiscovery

What does all this mean for the legal space and eDiscovery in particular? One commentator wrote:

The modern workforce is changing every single day.  Technology is advancing so rapidly it can be hard to keep up.

Millennials are now redefining the office. How?   Remote working, geographically distributed teams, the growing popularity of online collaboration tools—all new work methods based around technology innovations. In short, in contrast to older generations, millennials generally prefer to use apps on their phones and mobile devices to communicate instead of voicemails and phone calls.

And that’s the reality of our business world today. We already use these technologies, now we need to learn to how treat them as normal business practices.

Source: Malcolm In the Middle

When we talk about issues of mobility, social media, texting and collaboration, we are talking about the reality of modern business communications not some futuristic technology. And the reality of identifying and preserving those communications can be problematic.

An article on the SHRM (Society for Human Resource Management) website entitled Collaboration Apps Make E-Discovery More Difficult made the point succinctly when the author discussed the inability of employers to fully see and preserve all chat app messages, pointing specifically to a lawsuit involving a former Uber employee who alleged a colleague used a chatroom to harass. Data stores of that nature can make eDiscovery difficult, time-consuming and incredibly expensive.

How prevalent are texts?  81% of the American population texts every month.  With a total population of 320 million that means roughly 259 million people text every month.  With 8.5 billion texts per day, that means an average of 32 texts per person per day.

Of the people who text, roughly 70% uses emojis and an estimated 10% use emojis only!  Emojis have become extremely widespread with more than 700 million emojis are used every day in Facebook posts alone.  The problem is that forensics tools don’t always capture emojis. As long ago as 2016, forensics examiners were bemoaning the lack of tools to capture and analysis emojis and the problem has grown larger since then.

We’ll publish Part 5 – Conclusions and Recommendations – on Friday.

So, what do you think?  Have the habits of millennials impacted eDiscovery for your organization?  As always, please share any comments you might have or if you’d like to know more about a particular topic.

Sponsor: This blog is sponsored by CloudNine, which is a data and legal discovery technology company with proven expertise in simplifying and automating the discovery of data for audits, investigations, and litigation. Used by legal and business customers worldwide including more than 50 of the top 250 Am Law firms and many of the world’s leading corporations, CloudNine’s eDiscovery automation software and services help customers gain insight and intelligence on electronic data.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine. eDiscovery Daily is made available by CloudNine solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Daily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.