Each year the cost of litigation increases. The primary driver of these cost increases is the discovery phase of litigation and the explosion of e-discovery in recent years. The cause of this explosion is clearly apparent: as a society, we are producing data at a remarkable rate.

Surprisingly, 90 percent of the world’s data was created in the last two years, a fact that will also be true next year. Moreover, data is not only increasing in volume, it is also growing in complexity. For example, one of the fastest growing sources of data is “invisible data,” i.e., data generated by computer systems for purposes of dealing with other systems. This data is rarely, if ever, directly used by end-users.

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