The rapid evolution of eDiscovery is reshaping the litigation landscape. As new data sources emerge and AI-driven technologies advance, legal teams must navigate unprecedented challenges in managing discovery. At Legalweek 2025, a distinguished panel of industry experts tackled some of the most pressing eDiscovery trends, including data complexity, analytics, litigation strategy, and the future of AI in legal practice.
Understanding the Expanding Scope of Discovery
Traditionally, eDiscovery centered on emails and documents. Today, it encompasses a vast array of data sources, from mobile devices and cloud-based applications to ephemeral messaging and IoT data. Maria Slobodchikova (Freshfields) outlined the growing complexity of discovery obligations in the U.S., emphasizing the sheer volume of data companies must produce.
One of the biggest pitfalls? Failing to account for nontraditional data sources. Platforms like Slack, WhatsApp, and Microsoft Teams generate critical legal evidence, but many organizations are unprepared to preserve and analyze these data types effectively.
Jarrett Coco (Nelson Mullins) added that handling structured and unstructured data in litigation requires a sophisticated approach. Mobile device investigations, in particular, present unique challenges due to the variability of data storage formats.
Collection, Preservation & Data Integrity: Best Practices
Ensuring defensibility in litigation requires meticulous data collection and preservation. Scott Eisman (Axinn, Veltrop & Harkrider) underscored the importance of data integrity, sharing his thoughts on a case where improper handling nearly jeopardized legal proceedings.
Early case assessment plays a crucial role in mitigating risks. Maria Slobodchikova discussed how legal teams can streamline this process by prioritizing relevant data early. Meanwhile, Jarrett Coco highlighted the role of analytics in narrowing down vast datasets to focus on critical information, saving both time and costs.
Leveraging Data to Shape Litigation Strategy
Data—or even its absence—can significantly influence case outcomes. Maria Slobodchikova shared an example where missing data played a pivotal role in shaping legal strategy. When critical communications were unavailable, it forced the opposing party to adjust its argument, ultimately benefiting her client.
Legal teams are increasingly relying on advanced analytics to extract meaningful insights from large datasets. Jarrett Coco explained how data science tools help surface hidden patterns, while Scott Eisman discussed how these insights inform litigation strategy and case positioning.
Managing Discovery Disputes & Opposing Counsel Negotiations
Discovery disputes often center around scope, burden, and cost. Scott Eisman provided strategies for pushing back against overly broad discovery requests, emphasizing the need for clear documentation and negotiation tactics.
One key area of contention? Structured data requests and cost-shifting arguments. Panelists shared best practices for handling these negotiations, stressing the importance of transparency and early discussions to set expectations on data production and costs.
The Role of Experts in Trial Preparation
Translating complex data analysis into compelling courtroom narratives is a critical skill. Maria Slobodchikova explained how expert reports must be both technically sound and accessible to judges and juries.
But presenting data in court isn’t without challenges. Scott Eisman noted the increasing prevalence of Daubert challenges to expert testimony, particularly when data analytics are involved. To withstand scrutiny, experts must follow defensible methodologies and ensure their analyses are repeatable and transparent.
The Future of eDiscovery: AI & Automation
As the session concluded, panelists discussed the future of eDiscovery, focusing on AI and automation. With ever-growing datasets, AI-driven tools are becoming indispensable for streamlining document review, identifying key patterns, and reducing manual workload.
Looking ahead, legal teams must embrace innovation to stay competitive. The panel’s final advice? Invest in technology, build strong data governance policies, and stay ahead of regulatory changes. The firms that proactively adapt will be best positioned for success in the evolving eDiscovery landscape.
Final Thoughts
Legalweek 2025 reinforced a crucial message: eDiscovery is no longer just about data collection—it’s about strategy. Whether handling complex data types, navigating discovery disputes, or leveraging AI, legal teams must stay agile and proactive.
With the right tools, expertise, and approach, organizations can turn eDiscovery from a challenge into a competitive advantage.
