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What's Next in eDiscovery, Governance, and Data Privacy for 2019?

happy new year

As everyone returns from their holiday breaks, we bid farewell to a busy 2018 at Nuix. With product awards (CIOReview, Cybersecurity Breakthrough Awards), new releases, and significant partnerships (DLT, KPMG, Vertical Discovery), the year would have been busy enough.

The biggest news, however, was the announcement of ourpurchase of Ringtail, allowing us to offer a true beginning-to-end eDiscovery solution for our customers. The excitement that came with the announcement, during our annual User Exchange and in the months since, has pushed us toward 2019 with a strong focus on eDiscovery and the related disciplines of information governance and data privacy.

In the spirit of the season, I reached out to some of my colleagues at Nuix and asked one question: What’s coming for eDiscovery, information governance, and data privacy in 2019?


I think we’re going to see several existing trends continue to gain traction in 2019. Firms will keep adopting predictive coding and analytics to complete everyday tasks. They will also continue to try finding better ways to visualize and understand the connections formed by a variety of data, including SMS, text, chat, email, and other communication and file types.

Cloud-based eDiscovery will continue to grow, possibly accelerating. Mobility, access, security, and performance will remain top concerns, with firms looking to improve upon those areas.

Out of these challenges, I also think we’ll see an expansion of regional eDiscovery groups (ACEDS, Women in eDiscovery, and local paralegal associations, to name a few). These groups will play a vital role for eDiscovery professionals to share challenges and explore ways of overcoming them together.

Finally, I have more of a question. Will law firms start to become software developers? With APIs getting easier to work with, it’s also easier for firms to start thinking about developing their own ways to both solve problems and generate revenue. There’s been increased talk about open source solutions in recent months—will 2019 be the year we see a fundamental shift and development of even more innovative solutions by law firms?


I believe that in 2019 we will start seeing the rise of unstructured data lakes. Many organizations have large volumes of human-generated data trapped in email archives, scattered across hundreds of file shares or laid to rest in cold storage graveyards, and it’s becoming a real problem.  

Unstructured data lakes can help organizations be prepared for litigation, identify trends or patterns, and allow for the data to be properly classified and governed. Using Nuix, building these types of data lakes can benefit organizations by reducing unnecessary spend, saving time and identifying risky, outdated, and trivial content.  


What I see coming in 2019 is more direct cooperation between cyber-investigations (inside or outside threats) and eDiscovery investigations. The industry needs a way to start prosecuting attackers, whether it means putting them in jail or just reporting them to the proper federal agencies, in the case of foreign attempts.

With the integration of Enterprise Collection Center with Nuix Adaptive Security, we now have a way to collect information and present it within Nuix in the preferred format for prosecuting cases, as proven by the adoption of Nuix by a government agency. As an industry, we must let these threat creators know that there are consequences to their actions. Discovery practices play an important part of positive attribution, which is in turn critical to prosecuting these crimes properly.


I predict that 2019 will be the year of the privacy regulation alignment. GDPR, for the first time, brought 28 countries together with a single legal definition and set of practices around personal data. California, with the California Consumer Protection Act (CCPA), in 2019 and 2020 is bringing many of these practices to the US in a very visible way. There are also numerous other states and countries that already have or are implementing new regulations based on this momentum.

It’s our challenge to help organizations in 2019 and beyond to meet their privacy compliance requirements. I anticipate we’ll work with many organizations to help them index and classify their content, speed efficiency of response, produce data for any number of requests, investigate mistakes or breaches, and monitor activities that can lead to misuse, abuse, or theft.