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When Discovery Costs Become a Barrier: The Growing Fight Over Fees, Deposits, and Data

The Subpoena Surge: Why Growing Request Volumes Are Creating a New eDiscovery Backlog Crisis

AI Security in eDiscovery: Protecting Confidential Information while Managing Client Budget Expectations Artificial intelligence is rapidly becoming part of modern litigation. AI can accelerate document analysis, identify relevant themes, summarize large document collections, and assist attorneys in understanding complex evidence. Like every technology before it—from email review to predictive coding—AI also raises legitimate questions about protecting confidential information during discovery.

The Heppner/Warner split refers to two federal court decisions issued within days of each other in early 2026 that reached different conclusions about whether materials created using generative AI are protected from discovery. Depending on how you read these two opinions, the actual use of AI to find documents, topics of interest, and summarize documents may not be protected work product.

When evaluating an eDiscovery platform, you’ll want to think across several key dimensions — not just features, but also workflow integration, security, and long-term value. Here’s a breakdown of the main considerations:

ABA Opinion 512: The Duty of Competence includes knowing when AI output is inaccurate. As artificial intelligence transforms eDiscovery workflows, legal professionals must ensure AI-assisted review meets ethical obligations and produces defensible results that withstand judicial scrutiny.

A Model to visualize the workflow The outer circle represents unique steps in eDiscovery workflow while the inner circle represents more common steps which may occur at any point in the process. The ordering of the stages is important conceptually; you will likely cycle back to different steps as needed, refining your approach as you gain a better understanding of the data or as the nature of your matter changes.

When evaluating an eDiscovery platform, you’ll want to think across several key dimensions — not just features, but also workflow integration, security, and long-term value. Here’s a breakdown of the main considerations:

Redacting documents is a fact of life in litigation and investigations. But redactions without context breed mistrust, motion practice, and (sometimes) sanctions. The practical antidote is a redaction log—a short, structured record that explains what was redacted and why. This article explains what redaction logs are, how they differ from privilege logs, why they’re critical in both U.S. eDiscovery and UK disclosure, and how to implement them defensibly.

For quick reference, the average GB yields approximately 7,500 documents. This assumption is based on an equal mix of email and other documents, and is supported by our sample of 150 million documents hosted across 2,000 matters at the beginning of 2025. WHY IT MATTERS Litigators and eDiscovery consultants alike have debated for years the best methods to create litigation budgets. Assuming that most cases settle, eDiscovery can account for a significant portion of the costs, so that is often the best place to start. eDiscovery fees can vary significantly between vendors, and you will need to consider the possibility of flat fees, per-gb hosting fees, per-gb processing fees, user fees, service fees, and more.

Massive Volumes of Data Government agencies generate and manage vast amounts of data across departments. Traditional manual review methods are not only inefficient but also prone to error. eDiscovery software automates the search, filtering, and organization of large data sets, significantly reducing time and cost.

Frequently asked questions.

Process and Review Today’s Communications with Confidence Modern work communications happen across dozens of platforms, and legal teams need a way to process and produce them all. Correct export methods and preservation from a variety of applications will ensure that your legal team has access to producible documents standardized across all messaging platforms. Contact Digital WarRoom for free advice on best practices for exporting messages.

While Digital WarRoom (DWR) is best known for its powerful, self-service eDiscovery platform, our team also provides boutique, high-touch services for clients facing complex legal and investigative challenges. These premium services are designed for those who require not only robust technology but also the deep expertise of senior consultants who work hand-in-hand with legal teams.

AI was, unsurprisingly, the star of the show at this year’s ABA Legal Tech conference. From glowing product demos to ambitious roadmaps, nearly every vendor had a story to tell about artificial intelligence. But beneath the buzzwords and branding, a major divide is emerging in how legal AI is delivered: point solutions versus stapled-on AI.