What Is a JSON File? And What Role Does It Play in eDiscovery?

If you’re involved in eDiscovery in any way, you’ve undoubtedly come across JSON files. These files increasingly act as the way in which we access and interact with digital evidence—especially as the limitations of screenshot evidence are highlighted by courts. But what exactly is a JSON file? And why are so many legal professionals absolutely frustrated with this format?

Traditional discovery is the initial phase of litigation when all parties are required to provide records and evidence relevant to a specific case. However, thanks to the explosion of electronically stored information (ESI), discovery must now work alongside eDiscovery—a process that involves the identification, preservation, collection, retention, and review of data in an electronic format. This makes the discovery exponentially larger and more complex.

Ransomware attacks are on the rise, but sophisticated dark web forensics and tools are helping investigators to transform the dark web from a murky and lawless online environment, into a treasure trove of evidence and information. In the 1900s, organised crime was personified by Al Capone, Frank Costello and John Gotti — infamous names that are still known today, even though they operated in a limited geographical area.

Businesses generate documentation and data at a rapid pace, both on and offline. Industries like banking and the financial sector regularly manage thousands of different types of documents. Keeping up with this cumulative documentation can be difficult and costly. A digitized, paperless business can mean an increasing organization, work efficiency and more accurate data.

Pagefreezer partnered with the Association of Corporate Counsel (ACC) to create a report that examines how in-house legal teams are dealing with modern data sources. The report, called the Collecting Online Data for eDiscovery & Litigation Readiness Report, surveyed 211 in-house counsels across 23 industries and 22 countries.

Team collaboration tools are here to stay – and we can reasonably expect their use to increase for years to come. Whether seeking smoother project management or better communication, companies can now choose from an ever-expanding range of platform options.

Chain of custody, in a legal context, can refer to both physical and electronic evidence. With the huge increase in the leverage of the latter within litigation cases, today, chain of custody is a key requirement of any eDiscovery process.

Electronic communication has come a long way in a few short decades. In 2006, Rule 34 of the Federal Rules of Civil Procedure was amended to confirm that discovery of electronically stored information stood on equal footing with discovery of paper documents.

Unlike some other eDiscovery processes, a legal hold reaches far beyond your legal department and can potentially impact personnel across your whole business.

The events of 2020 highlighted two major challenges that modern in-house legal teams face. First, there has been an explosion of data sources across most organizations. From team collaboration platforms (Slack, MS Teams, etc.) and video conferencing tools (Zoom, Google Meet, Cisco Webex), to mobile text messages, company websites, and social media accounts, companies are faced with new kinds of ESI being generated in real-time throughout their organizations.