E-Discovery, The Cloud And Blockchain – How New Practices May Require A ‘Back To School' Approach

The practice of e-discovery has always incorporated considerations of new and emerging technologies as well as related attorney competence. With the advent of cloud services and significant use by clients, e-discovery practitioners incorporated knowledge of those new platforms and offerings into their preservation strategies and requests for production, appropriately considering a variety of client and party uses of the cloud, especially for heavily used services such as email, customer relationship manager (CRM) platforms, and document storage and sharing. This focus on the cloud came to a head in the 2014 Brown v. Tellermate Holdings litigation, which examined the defendant's use of a cloud provider and raised the following considerations for practitioners: