In Situ: An Interview with Anne Kershaw About the Changing E-Discovery Landscape

It’s time for legal teams to update their Electronic Discovery Reference Model (EDRM) practices to take into account new technology and a changing landscape, according to attorney Anne Kershaw of Reasonable Discovery® LLC.

“I’ve gotten a number of comments on LinkedIn about the way the EDRM is changing, with people saying things like, ‘Yeah, yeah, right. This is what’s happening. This is where we’re going. We have to keep it fresh. We have to keep evolving and we can’t get stuck,’” Kershaw said. “So that’s been really, really nice, actually.”

In an article she wrote on LinkedIn, Kershaw outlines an alternative EDRM model that she believes is better suited to today’s technological environment. Shortly after publishing it, she shared insights about the model, her career in e-discovery, and how she sees the field evolving.

Conversation has been edited for clarity.

Exterro: How did you get your start in e-discovery?

Anne Kershaw: In 1993, I was working at a law firm representing IBM in what was called the “repetitive stress injury litigation.” All the keyboard manufacturers in the country were being sued over alleged product defects causing carpal tunnel syndrome and other hand and wrist injuries. I was the most senior associate heading up discovery work. Standing in IBM’s corporate headquarters, I asked, “Can we have a database for these documents? Can we do this electronically?” And so we did—we built a database.

Exterro: What was your legal and technical background before getting started in e-discovery? Did you already have the knowledge to build that database?

Anne Kershaw: I was a young professional when computers were becoming personal productivity tools, and I saw the value in learning how to use them. I got my first Kaypro computer in 1985 while in law school—it was as big as a suitcase, but they called it “portable.” I used it to complete my law review article. At the same time, I worked full-time at an investment advisory firm in New York City, where computers were being used to track stock and bond prices. Then came my work with IBM. I was in the right place at the right time, repeatedly.

Exterro: You later focused on training and education around e-discovery. What drove that?

Anne Kershaw: Yes—education was critical. We needed to update court rules, raise awareness, and encourage smarter practices. Back then, law firms were printing electronic documents, Bates numbering them, and producing them in paper form. We were trying to get lawyers to stop doing that and recognize the advantages of keeping documents electronic.

Exterro: Is that what led you to build Reasonable Discovery® LLC?

Anne Kershaw: I started my first firm around 2000 and built a consulting practice focused on e-discovery. We were brought into large cases to solve discovery challenges and reduce costs. I worked on matters like tobacco litigation, securities fraud, product liability cases, class actions, antitrust investigations, and more.

I founded Reasonable Discovery® LLC in 2007 as a document analytics firm, but it really took off once cloud computing, software-as-a-service, and screen sharing made it more efficient. We focus on “document investigation work,” using skilled lawyers and modern technology to find and understand critical information. This approach turns document collection and production into a process that also generates valuable insights for the case.

Exterro: What was the biggest opportunity you saw in building the firm?

Anne Kershaw: Document review has always been frustrating. Those of us who understand both legal work and technology saw opportunities to do it faster and better. Our firm is focused on transforming how document review is done.

Exterro: What about preservation and collection of data today?

Anne Kershaw: The biggest issue with preservation is that people still think they have to preserve data in place. In the past, we relied on legal holds because we couldn’t easily collect and secure data. Now we can. We can search, analyze, and collect what’s needed quickly and inexpensively, then store it securely. That’s a far more defensible approach.

Exterro: What about collecting too much or too little data?

Anne Kershaw: Today, we can iterate “in situ”—that is, within the systems where the data resides. This allows us to refine our searches and understand the data before collecting it. In the traditional EDRM model, you had to collect data first to understand it, which led to over-collection. Now, we can identify exactly what we need before collecting it.

Exterro: Why does your in-situ model better represent modern e-discovery?

Anne Kershaw: It’s both how e-discovery is performed today and how it should be performed. Lawyers tend to be risk-averse and stick to familiar methods. This model helps start a conversation and encourage adoption of more efficient practices. Change will take time, but it’s necessary.

Exterro: Where do e-discovery and information governance converge?

Anne Kershaw: They’ve already converged. Platforms like Microsoft Office 365 integrate governance, compliance, and e-discovery tools. Advances in records management are improving e-discovery as well.

I’d like to see more lawyers specialize in in-situ e-discovery and information governance. Many companies don’t have in-house expertise because they don’t face litigation daily. But as awareness grows, more professionals will develop these skills, which benefits clients, courts, and the legal system overall. It leads to faster, more cost-effective, and more accurate outcomes.

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