I recently interviewed Gráinne Bryan of FTI Consulting in Ireland about FTI’s technology role in helping law firms, financial institutions and other businesses with anything to do with the use of data in business.
In the second part of our discussion, we talked about the growing acceptance in Ireland that technology must be used to manage data in dispute resolution and compliance monitoring. Ireland has a strict discovery regime, and until the 2016 discovery judgment in IBRC v Quinn, it had not been considered appropriate to use technology to identify discoverable documents. The Quinn judgment changed that and, Gráinne Bryan said, the use of tools like technology-assisted review is now general.
Data analytics tools have uses beyond the retrospective task of identifying documents relevant for discovery. They are increasingly used, in Ireland as elsewhere, for pre-emptive purposes, helping organisations, and particularly those engaged in financial businesses, to identify wrongful conduct in real time, enabling the users to head off litigation or regulatory intervention. Gráinne Bryan identified Relativity Trace as a key tool for this purpose.