What is eDiscovery and why does it matter in modern legal practice?

Daniel Drane III

Executive Director, Wolin Family Center for Intellectual Property and the Center for Law, Science and Innovation

Daniel Drane III leads ASU Law’s Center for Law, Science and Innovation and the Wolin Family Center for Intellectual Property, driving the centers' growth and vision.

If you practice law today, you practice in a digital world.

Emails, text messages, cloud documents, collaboration platforms and social media now dominate how people communicate and conduct business. When disputes arise, those digital records become evidence. That process of identifying, preserving and analyzing electronically stored information is known as electronic discovery, or eDiscovery.

At the Sandra Day O’Connor College of Law at Arizona State University, we see eDiscovery not simply as a technical issue but as a defining feature of modern legal practice. It is also the focus of the upcoming ASU-Arkfeld eDiscovery, Law and Technology Conference, hosted at ASU Law March 30–31.

What is eDiscovery in litigation?

In traditional discovery, lawyers exchanged paper documents and physical records relevant to a case. Today, most evidence exists in digital form.

eDiscovery refers to the legal processes used to locate, preserve, review and produce electronically stored information for litigation or investigations. That information can include:

• Emails
• Text messages
• Cloud storage files
• Databases
• Social media content
• Collaboration tools like Slack or Microsoft Teams

Because organizations now generate massive amounts of digital data, discovery has become one of the most complex and technologically demanding stages of litigation.

Why is eDiscovery important for modern legal practice?

Nearly every lawsuit now involves digital evidence. Understanding how to manage that data responsibly is critical for lawyers, judges and organizations alike.

eDiscovery intersects with several important areas of law and technology, including:

• Data privacy
• Cybersecurity
• Artificial intelligence
• Information governance
• Regulatory compliance

Mistakes in eDiscovery can lead to lost evidence, court sanctions or serious privacy risks. Done correctly, it can reveal key facts and dramatically shape the outcome of a case.

For these reasons, lawyers increasingly need both legal expertise and technological fluency.

How is artificial intelligence changing eDiscovery?

Artificial intelligence is rapidly transforming how lawyers handle digital evidence.

Modern eDiscovery platforms now use AI and analytics to review large datasets, identify relevant documents and detect patterns that would be difficult for humans to find alone. These tools can dramatically speed up document review and reduce costs in complex litigation.

But the rise of AI also introduces new legal challenges. Courts and practitioners are increasingly confronting issues involving:

• AI-generated content and deepfakes
• Ethical responsibilities when using AI tools
• Data privacy and algorithmic transparency
• The reliability of machine-assisted evidence review

As AI becomes more embedded in legal practice, lawyers must understand not only how to use these technologies but also how to evaluate their risks and limitations.

Where can lawyers learn about the future of eDiscovery?

One of the best places to engage with these issues is the ASU-Arkfeld eDiscovery, Law and Technology Conference, taking place March 30–31 at ASU Law.

This highly engaging event brings together leading judges, attorneys and technologists to discuss the practical and emerging issues shaping legal practice in the digital age. Participants will explore topics including eDiscovery, information governance, privacy, security and new forms of electronically stored information.

This year’s conference will also feature extensive discussion on artificial intelligence in legal practice, including AI ethics, deepfakes, data privacy and the evolving role of AI tools in litigation.

Whether you are new to eDiscovery or building on years of experience, the conference offers valuable insights and opportunities to connect with professionals at the forefront of legal technology.

At ASU Law, we believe conversations like these are essential for preparing the legal profession to navigate the challenges and opportunities of the digital era. Luckily, it's not too late to join the conversation, as registration for the 2026 ASU-Arkfeld eDiscovery Conference remains open until March 20. Learn more and register today.