In my role at Proteus, I have the privilege of working directly with legal teams navigating the eDiscovery phase of the litigation process – a process that is also navigating increasingly complex regulatory environments. Each year brings new technologies, fresh compliance pressures, and shifting expectations from regulators and opposing counsel alike.
A 2024 publication by the Association of Corporate Counsel (ACC), “ACC Chief Legal Officers Survey”, underscored what many of us already feel: compliance risk is rising, operational demands are accelerating, and legal departments are being asked to do more with less. In fact, 53% of CLOs cited regulatory and enforcement as their top concern in 2024, and 40% emphasized the need to improve operational efficiency. These are not just abstract figures, these numbers reflect real-world pain points for CLOs that impact how discovery is managed day to day.
Based on reading this survey, I took a deep dive and wrote a white paper called, “Adapting to the Curve: eDiscovery Strategies for a Changing Regulatory Landscape”. It is a practical guide based on regulatory guidance, evolving technologies, and direct observations from the field.
Review might remain the most expensive phase of eDiscovery, but this is where a tech-literate paralegal can help with litigation support.
Here is a brief overview of what I cover in the white paper:
- Ephemeral Messaging and BYOD Policies: The FTC and DOJ have made it clear: “we did not know” will not cut it anymore. Legal teams must document and enforce policies around platforms like Slack, Signal, and Telegram—and ensure those platforms are accounted for in legal hold notices and preservation plans.
- Data Privacy Meets Discovery: Targeted collections can help balance privacy and defensibility; however, they come with limitations. I share when they work - and when full forensic imaging is the safer choice.
- State-Level Regulatory Creep: State AGs are ramping up. Treat their requests with the same diligence as a Second Request from the DOJ or FTC. Centralized oversight and production validation are no longer optional.
- Legal Hold and ESI Protocol Best Practices: If your team is still managing legal holds in Excel, it's time to level up. Tools like Microsoft 365’s Compliance Center or Relativity Legal Hold can automate and defend your process. And yes, I still recommend negotiating ESI protocols—just not over-engineering them.
- Generative AI in Review: AI is reshaping review workflows and must be paired with human judgment. I explore how legal teams are using GenAI to accelerate early case assessment while maintaining defensibility.
- eDiscovery Hosting Decisions: If you let outside counsel choose where and how your data is hosted, you are likely losing visibility and racking up costs. I outline two models that put control back in your hands.
Discovery is not just about documents; it is also about strategic data governance, defensibility, and cost control. If you are a General Counsel, Legal Ops leader, or litigator trying to stay ahead of regulatory expectations while juggling discovery obligations, I encourage you to read the full paper.
The white paper is designed to give you a view of where the landscape is heading and how your team can respond with confidence.
📘 Download: Adapting to the Curve: eDiscovery Strategies for a Changing Regulatory Landscape
Austin J. Hagen
VP of Operations
Proteus Discovery Group
