LITIGATION IN THE AGE OF BIG DATA
CD: Could you provide an overview of the impact big data is having on the legal industry and litigation in particular? How would you describe its take-up?
Boedeker: In general, big data refers to vast volumes of data that is generated and processed at high velocity. Data comes in different forms. Structured, such as data in rows and columns of databases. Semi-structured, including data in JSON or XML files. And unstructured, which can be data in text, images, videos and social media posts. Big data includes all these types leading to difficulties in management and analysis of these data with traditional methods. The fact that big data originates from various sources and is often noisy, incomplete and inconsistent raises question about its trustworthiness, which requires non-traditional analytical methods to ensure accurate analysis that can yield reliable results. These issues directly translate into challenges in litigation on how to handle vast amounts of electronic data. Traditional data management and data analytical tools have become more and more unable to process, organise and analyse big data efficiently and had to be enhanced, improved and often even be replaced by specific big data ‘tools’.
CD: How prevalent is the use of big data throughout various stages of the litigation process? What areas of application are having the greatest impact?
Boedeker: E-discovery and forensic technology have been crucial parts of the litigation process for decades now. The challenges for e-discovery have grown exponentially with the rise of big data. Legal teams and experts are making more use of specialised tools to gather, analyse and produce digital evidence to manage the complexity that comes with handling large amounts of data. Forensic technology has excelled in the development and application of specialised tools, techniques and processes to collect, analyse and preserve digital evidence in a manner that ensures its integrity and admissibility in legal proceedings. Rather than being concentrated in relational databases, big data often resides across large networks and the cloud, which requires careful review and assessment of legal and ethical considerations.
Apr-Jun 2025 issue
StoneTurn