ZyLAB counsel warns corporate legal teams lack big data governance
The Metropolitan Security Counsel interviewed Mary Mack, enterprise technology counsel at ZyLAB--an e-discovery and enterprise information management company--about what she calls the dark side of big data and the need for better governance.
Her assessment was that the requirements for responsibly identifying, collecting, reducing, reviewing and producing big data are not always visible in a meaningful way to the corporate officers who need to make decisions in a legal, regulatory or compliance context.
Mack said in the interview that in most organizations, accountability for such governance is not formally recognized, and key performance indicators haven't been developed. That needs to change. Then tools, such as e-discovery systems, can normalize and tag data, while advanced search methods like conceptual search, entity extraction, rules-based coding and predictive coding can enrich the data and provide visibility.
Mack told the Metropolitan Security Counsel that "the robust reporting that is required for e-discovery and the sampling technology that's emerging both allow for defensible decision making. Finally, the actions and results in e-discovery systems are logged; therefore, if you're using an e-discovery system for a clean-up project, data will also be logged for future defensibility."
Mack also said corporate legal teams need a more proactive approach to e-discovery, especially considering how the financial crisis led to the elimination of budgets for proactive litigation management. She said she expects to see greater use of early case assessment, which assesses the electronic evidence and the value of the case, pulling in factors like big data, jurisdiction, and the behavior of opponents or a specific bench. "The goal is to formulate a response that is proportional to the litigation. The results will be reduced costs and a trend toward making litigation response an ordinary business function that does not disrupt operations or budgets."
- see the full interview