The Metaverse: A New Frontier for eDiscovery? | Insert

In October 2021, Facebook founder Mark Zuckerberg announced that the social media giant would rebrand the company as Meta and focus on developing Metaverse, a digital platform that provides three-dimensional spaces that allow individuals to socialize, play, work, learn and shop. Metaverse leverages a variety of technologies, including virtual reality and augmented reality, which its parent company describes as “the next evolution in social connectivity.”

Meta has invested everything in the project and spent $ 10 billion on it in 2021. Although its success has not yet been seen, investment banks like Citi have said that Metaverse could one day be worth as much as $ 13 trillion and have up to 5 billion users . Multinational companies like Walmart, Nike and Microsoft are also seeing the promise of the platform and investing in their digital presence in space.

As Meta prepares to take its users to the new frontier of Metaverse, what do in-house attorneys and associates need to know about its impact on eDiscovery? Here are a few things to keep in mind.

Existing eDiscovery principles will apply to the meta-verse.

While the concept of a metaverse may be new, the electronically stored information or ESI associated with it is unlikely to be. Those in the meta-verse can expect their interactions to produce data in some form, whether it is chat logs, audio or video files.

The production of such data poses another problem: storage.
Companies engaging in the meta-verse should have ways to retain information when they are reasonably aware of pending lawsuits, as well as a way to collect, review, and make them available in the event of a discovery.

Companies and their legal teams need to know what data points are collected by the service where the data is stored, the technical owner of the database, the company’s or service’s storage policies, and how this data is to be handled. exported to gather meaningful information. From this.

The meta-verse will have no immediate impact on eDiscovery.

During the growth of the eDiscovery industry, there have been significant technological advances as well as several radical changes in the types of ESIs generally expected in eDiscovery exchanges. We have seen the emergence of modern ISE from mobile phones, for example. One thing we all agree on is that the eDiscovery world is slow to catch up with technological innovation.

Companies are often slow to apply new technologies widely. As new trends take hold, we begin to see them more often in eDiscovery and strive to answer the unique questions that arise. Many basic questions about ownership, storage, and types of information collected tend to be answered in some form long before eDiscovery vendors have to sort them out.

Collaboration tools provide an analog.

While Meta seeks to fundamentally change the way we interact with the world, there are clear similarities with collaborative technologies that have made progress in the workplace in recent years, such as Slack and Microsoft Teams. Our previous proposals for managing new workplace collaboration tools remain the same for Metaverse.

Just as companies need to ensure that their legal restraint processes take into account the specific needs of their collaboration tools, they also need to ensure that their policies and processes are consistent with the retention and retention of metaverse data.

The eDiscovery industry will continue to learn more about Metaverse as it is used. We have already managed the technological changes and quickly mastered the coming challenges. We are confident that the same will happen with Metaverse.

Leave a Comment