The Evolution of eDiscovery in Compliance with David Carns - a podcast by Thomas Fox

David Carns is the Chief Revenue Officer at Casepoint LLC, an eDiscovery platform for the artificial intelligence space. He is an attorney and technologist who has always been fascinated by the intersection between law and technology. Tom Fox welcomes him to this week’s show as they talk about his current role at Casepoint, the evolution of eDiscovery, and what it means for compliance and compliance professionals.

How Casepoint Has EvolvedCasepoint was initially focused on law firms but, as David explains to Tom, their expertise and knowledge on legal techniques are now spread out to all sectors and segments in the legal industry. The platform of Casepoint has also evolved from consultancy to predominantly software. Its legal discovery platform has moved beyond eDiscovery towards more of a development environment that supports legal workflows. “What Casepoint has become, is for many people a repository of either discovery ready data or data around internal investigations ...it has expanded quite a bit beyond just eDiscovery and its document management for a variety of use cases that we find today,” David tells Tom.

Subject Access RequestsThe main challenge with respect to data discovery in Europe is subject access requests. “Companies or individuals don’t necessarily want to avail themselves or their data to US jurisdiction,” David remarks. There is a strong interest in having data centers based in Europe, he adds, along with a desire from European-based companies to use those data centers. There is, however, a concern from people within the EU about the privacy implications surrounding such a move. 

The Shift to Cloud-Based TechnologyThe pandemic transitioned the global working environment to a remote one. With this, came the boost in the adoption of cloud-based technology. David explains to Tom that cloud-based tech has its advantages over on-premise tech in three major ways: convenience, efficiency, and its ability to quickly implement machine learning. It’s much easier for Casepoint to adopt cloud-based applications, and cloud-based tech passively applies machine learning from documents and provides feedback to the appropriate users. For all these reasons, it’s no wonder cloud-based tech was adopted and embraced so quickly during the work-from-home period, and it’s also why it won’t be going away even after we return to the regular work environment, David points out. He predicts that the technology will most likely be used in a hybrid way in the future. 

Looking To The FutureTom asks David what compliance professionals, lawyers, and firms need to be thinking about when it comes to eDiscovery, and data management in the future. David advises that companies and corporations should pay very close attention and keep a handle on all the locations of their data. “If there are only references to URLs or data identifiers, are we making sure that that data is being collected and preserved in a way that can be used for future investigations, litigated matters, jurisdictional issues, those sorts of things?” he argues.


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