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34 P E E R T O P E E R : I L T A ' S Q U A R T E R L Y M A G A Z I N E | W I N T E R 2 0 2 4 that 83% of respondents expect their caseloads to increase in the next 12 to 18 months. STRATEGIES TO EASE THE BURDEN Ediscovery can provide a powerful tool to tell the story of your case to the judge and jury when properly handled. But it will now take more time and effort to craft that story. As you face ediscovery, consider the following: Begin with the trial in mind. Of course, this concept is not new to discovery and litigation strategy. Whether considering a banker 's box of paper documents or a trove of electronic data, it is critical to consider the ultimate objectives of a case before reviewing a single document. What are the key components to build your case? How do you match the legal elements to the evidence? What are the "bad facts," and what evidence will your opponent use to illustrate them? Collecting and producing increasing amounts of data is not the only challenge. Litigation teams must also consider how to present these new types of media at trial effectively. At the beginning of the matter and during discovery, think about how you will effectively present your evidence at trial. Just one recent example comes from the trial of Sam Bankman-Fried for fraud related to the cryptocurrency company FTX. In that case, screenshots from encrypted messaging app Signal played a prominent role in the prosecution's case. From the beginning, think about your case. Can those texts be presented via screenshots or print-offs? Or would it be more impactful to create a presentation to give the trier a real-time view of the messages exchanged? There will be unexpected wrinkles along the way, but starting with the end game will help you shape your case and ethically address questions about proportionality, privilege, and more. Prepare proactively and utilize written plans. Taking time to formulate a strategy early will give you a playbook in the future. From there, identify areas of impact and where the deluge of ediscovery will be either an effective tool, a challenge, or both. For example, in a breach of contract case before the current era of ediscovery, the parties would likely present the contract, perhaps some related correspondence, and witnesses for both sides. Today,

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